Legtimacy: Journal Of Law and Islamic Law

Strengthening Intellectual Property Rights: Legal Responses to Trademark Counterfeiting in Indonesia’s E-Commerce Era

2025-08-07T04:44:00+07:00

This research examines legal protection against the unauthorized use of counterfeit trademarks in Indonesia under Constitution Number 20 of 2016 concerning Brands and Geographical Indications (MIG Law). The study addresses significant challenges arising from the circulation of counterfeit goods, which causes economic losses of up to Rp 291 trillion, tax revenue losses, and employment disruptions. With the rise of e-commerce and digital platforms, counterfeiters exploit technological advancements to distribute fake products widely, complicating enforcement efforts. The research objectives include analyzing the comprehensive legal framework for trademark protection, evaluating enforcement mechanisms, and identifying effective dispute resolution routes. The study employs a qualitative approach, reviewing relevant legislation, enforcement data, and stakeholder perspectives. Key findings reveal that while the MIG Law provides a strong statutory basis, enforcement remains constrained by procedural requirements such as the necessity of owner complaints to trigger criminal proceedings. Non-litigation alternatives like mediation and arbitration offer viable dispute resolution but depend on effective implementation. Criminal enforcement is notably more effective in securing counterfeit goods than civil litigation. The study recommends legal reforms to empower authorities for proactive actions without owner complaints and the enhancement of human resource capabilities, including IP investigator training and mediator certification. In conclusion, strengthening both legal provisions and institutional capacity is essential for robust protection of registered trademarks against counterfeiting in Indonesia’s evolving digital economy.

Restorative Justice and Social Reintegration of Juvenile Sexual Offenders: A Case Study of the Surakarta Juvenile Probation Office (BAPAS)

2025-08-08T04:19:41+07:00

This study examines the legal and rehabilitative framework for juvenile sexual offenders in Surakarta, Indonesia, focusing on the role of the Balai Pemasyarakatan (BAPAS) under Law No. 11 of 2012 on the Juvenile Criminal Justice System. Despite intact family structures, many juveniles engage in rape due to inadequate parental supervision, restricted sexual education, and unmonitored exposure to digital pornography. The research objectives are to identify the underlying socio-psychological factors driving juvenile sexual offenses, evaluate current rehabilitation and restorative justice practices, and propose enhanced legal and social interventions to prevent recidivism. Employing a qualitative empirical approach, data were collected through in-depth interviews with community guidance officers at BAPAS Surakarta and supplemented by a comprehensive literature review of criminal and social control theories. Findings reveal that deficits in emotional regulation, impulse control, and moral comprehension exacerbated by early and unsupervised access to pornographic content constitute primary drivers of deviant sexual behavior among adolescents. Restorative justice measures, including diversion, community-based supervision, and trauma-informed counseling, demonstrate significant promise in reducing stigma and recidivism while fostering offender accountability and social reintegration. However, the effectiveness of these measures is often undermined by limited resources, insufficient coordination among stakeholders, and the absence of structured parental involvement programs. The study concludes by recommending the integration of mandatory healthy-sexuality curricula in schools, strengthened oversight protocols for digital media usage, and capacity building for BAPAS personnel to deliver holistic rehabilitation services. These reforms aim to align Indonesian juvenile justice practices with international child-rights standards and enhance long-term behavioral outcomes for young offenders.

Childfree Marriages in Islamic Perspective: A Maqāṣid al-Sharīʿah Analysis of Spousal Choice and Reproductive Intentions

2025-08-10T03:04:38+07:00

The contemporary rise of intentional childfree unions has sparked scholarly debate on the compatibility of spouse-driven reproductive decisions with Islamic legal objectives. This study examines the phenomenon of childfree marriage through the theoretical lens of Maqāṣid al-Sharīʿah as articulated by al-Ṣāṭibī, focusing on the protection of progeny (ḥifẓ al-nasl) among the five foundational objectives. Employing a qualitative literature review of Indonesian and international sources, this article maps the socio-cultural factors economic considerations, career priorities, health constraints, and ethical concerns that motivate couples to forgo parenthood. It then assesses how these motivations align or conflict with the sharīʿah’s hierarchical categories of necessities (darūriyyāt), needs (ḥājiyyāt), and refinements (taḥsīniyyāt). A critical analysis of classical and contemporary Islamic juridical opinions on contraception, ‘azl (coitus interruptus), and permanent sterilization elucidates the juristic reasoning that permits or prohibits reproductive control measures. The study further explores Fatwa decisions by the Indonesian Ulema Council (MUI) from 1979 to 2012, highlighting shifts in permissibility under exigent circumstances. Findings reveal that while temporary child spacing aligns with secondary objectives (ḥājiyyāt) when safeguarding maternal health, permanent childfree choices conflict with primary objectives (darūriyyāt) unless justified by compelling necessity. The article concludes by proposing a nuanced legal framework that upholds spousal autonomy and welfare while preserving the maqāṣid’s commitment to lineage continuity. Recommendations call for dynamic fiqh responses that balance individual rights with communal interests in sustaining Muslim ummah growth.

Legal Problems in the Enforcement of Final and Binding Judicial Decisions: A Jurisprudential Analysis of the Silfester Matutina Conviction Case from an Indonesian Law Enforcement Perspective

2025-08-11T16:32:10+07:00

The enforcement of final and binding judicial decisions is essential to uphold legal certainty and the rule of law. However, in Indonesia, significant delays and non-execution of criminal convictions have exposed systemic deficiencies. This study presents a jurisprudential analysis of the Silfester Matutina conviction case where a 1.5-year prison sentence issued by the Supreme Court in 2019 remained unexecuted through August 2025 to examine the legal and institutional factors causing enforcement failure. Employing a normative juridical approach combined with case study methodology, the research integrates doctrinal analysis of statutes, judicial decisions, and prosecutorial regulations with theoretical frameworks from Legal Positivism, Sociological Jurisprudence, Legal Realism, and Natural Law. Quantitative indicators were applied to assess legal certainty, prosecutorial discretion, public trust impact, and constitutional compliance. Findings reveal a six-year enforcement gap, a 75% decline in legal certainty, and excessive prosecutorial discretion (95% vs. international benchmark of 35%), confirming the abuse of discretionary power and the erosion of institutional legitimacy. Comparative analysis with European best practices highlights the need for specialized enforcement bodies and mandatory execution timelines. The study concludes with policy recommendations for legislative reform, institutional restructuring, and enhanced oversight to restore public trust, ensure timely execution of judgments, and reinforce the deterrent effect of criminal sanctions. Limitations and avenues for future empirical research are also discussed.

Campaign Promises as Political Contracts: Legal Analysis of Public Officials' Accountability in Governance

2025-08-13T15:49:57+07:00

This article reconceptualizes campaign promises as binding political contracts and examines the accountability of Indonesian public officials within governance structures. Employing a normative–juridical methodology and comparative legal analysis, it reviews constitutional provisions, administrative statutes, and landmark judicial decisions most notably Central Jakarta District Court Decision No. 17/PDT.G/2009/PN.JKT.PST to identify enforcement gaps. The study integrates social contract theory, principal–agent accountability frameworks, and Bovens’ accountability model to develop a hybrid mechanism that combines legislative amendments, enhanced parliamentary oversight, expanded judicial review, and civil society monitoring. Key findings reveal systemic failures in fulfilling electoral commitments, evidenced by high-impact cases in infrastructure prioritization, employment pledges, fiscal management, anti-corruption initiatives, and intellectual property enforcement. Quantitative analysis of a Legal Accountability Impact Score confirms that job creation promise violations and tax policy contradictions represent the most severe accountability deficits. The research demonstrates that Indonesia’s existing constitutional and administrative law foundations can support enforceable political contract mechanisms but require institutional reforms to operationalize them effectively. By aligning electoral commitments with legal obligations, the proposed framework strengthens democratic governance and the rule of law