Awang Long Law Review

COLLABORATIVE GOVERNANCE BETWEEN LEGAL AID INSTITUTIONS AND THE MINISTRY OF LAW IN PROTECTING THE POOR COMMUNITIES RIGHTS

Grace Kelly Hadi Putri Sihombing, Yunika Depri Listiana, Eka Mustikasari — Tue, 06 Jan 2026 00:00:00 -0500

This study examines how the Legal Aid Institute (LAI) and the Ministry of Law in West Kalimantan Province have partnered to provide legal aid to the underprivileged through collaborative governance. Although access to justice is a human right guaranteed by the Constitution, structural, social, and economic barriers make it difficult for the impoverished actually to obtain it. Even though the state’s duty to provide free legal aid services has been upheld by Law Number 16 of 2011 concerning Legal Aid, program accomplishments at the regional level still reveal a disconnect between goals and actualization. Only 37 of the 87 litigation legal aid cases intended for West Kalimantan Province in 2024 were completed. In-depth interviews, field observations, and document analysis are among the data collection methods used in this descriptive qualitative study. Four legal counsellors from the Ministry of Law’s Regional Office, two managers and advocates from partner LAIs, and recipients of community legal aid were purposively selected as informants. The Legal Aid Database Information System (Sistem Informasi Database Bantuan Hukum/SIDBANKUM) application was used to conduct observations over several weeks on the legal consultation process, investigation support, trial support, and administrative reporting. The Ansell and Gash collaborative governance framework, which highlights the initial conditions of collaboration, institutional Design, facilitative leadership, and collaborative processes such as face-to-face communication, trust-building, commitment to shared goals, and shared accomplishments, was used to analyze the data. The study’s conclusions show that although cooperation between LAI and the Ministry of Law has been formally established through cooperation contracts and accreditation procedures, it has not yet been implemented as effectively as it could. Low trust between actors and a lack of commitment to common objectives have been caused by resource inequality, complicated administrative processes, financial limitations, poor communication, and a lack of cooperative assessment. This study demonstrates that a critical precondition for improving the efficacy and sustainability of equitable legal aid provision is strengthening the relational dimension of collaborative governance through enhanced facilitative leadership, streamlined procedures, and the deliberative involvement of LAI.

THE EVIDENCE SYSTEM FOR SEXUAL VIOLENCE CASES INVOLVING PERSONS WITH DISABILITIES AS VICTIMS

Sofiatun Sofiatun, Indah Sri Utari, Rini Fidiyani — Tue, 06 Jan 2026 00:00:00 -0500

Sexual violence against persons with disabilities is a crime that requires full attention. Persons with disabilities, as victims of crime, must receive justice. This study aims to identify the obstacles experienced by persons with disabilities in the evidentiary process of law enforcement and to provide information about a disability-friendly evidentiary system. This research is normative in nature, with data sources derived from secondary data. The data were collected, classified, and processed according to the discussion to provide answers to the issues raised, then presented descriptively. The results show that obstacles may arise from persons with disabilities themselves, law enforcement officers, and the still-developing understanding of sexual violence. Regarding the evidentiary system, there is a need to update regulations to facilitate the evidentiary process. The evidentiary system based on Law No. 12 of 2022 offers a disability-friendly approach to achieving justice. In implementing the evidentiary process, disability-friendly measures must also be considered, as stipulated in Government Regulation No. 39 of 2020 concerning Reasonable Accommodation for Persons with Disabilities in Judicial Processes.

LEGAL ISSUES REGARDING THE ELECTION OF VILLAGE HEADS

Sukman, Rosmini, Insan Tajali Nur — Tue, 06 Jan 2026 00:00:00 -0500

This thesis examines legal issues related to village head elections, with a case study in Kota Bangun 2 Village, Kutai Kartanegara Regency. The background highlights the importance of village head elections in village democracy, but the lack of attention to the village head election regime is a weakness in itself. The results of the study show that violations in Pilkades can be caused by poor supervision, such as administrative disputes and election result disputes. The factors causing Pilkades disputes include internal factors (non-neutral committees, problematic voter lists, unhealthy campaign processes, fanaticism among supporters, and lack of social control) and external factors (local government intervention, regulatory weaknesses, political and power interests, and proximity to local authorities). The mechanism for resolving Pilkades disputes is regulated in Law No. 6 of 2014 concerning Villages, Government Regulation No. 47 of 2015, Minister of Home Affairs Regulation No. 112 of 2014 in conjunction with Minister of Home Affairs Regulation No. 72 of 2020, and Kutai Kartanegara Regency Regulation No. 3 of 2015 in conjunction with Kutai Kartanegara Regency Regulation No. 3 of 2018. However, in practice, the resolution of Pilkades disputes is often not in accordance with the proper mechanisms, as was the case in the Pilkades in Kota Bangun 2 Village.

MASTERY OF PATIENT MEDICAL RECORD ACCESS AS EVIDENCE TOOL MEDICAL DISPUTE CASES IN PERSPECTIVE FAIR AND TRANSPARENT LAW ENFORCEMENT

Lamo Hot Tagam Sormin, Aloysius Agung Widi Wandono, Prasetyo — Sun, 11 Jan 2026 00:00:00 -0500

Medical records are documents containing patient identity data, examinations, treatments, actions, and other services that have been provided to patients that are made using an electronic system intended for organizing medical records. Related to medical records is the confidentiality of health documents that contain the patient's personal health secrets. Medical records are currently one of the five pieces of evidence that determine the resolution of medical disputes. The problem that arises is what is the legal position of patient medical record evidence in proving medical dispute cases in court? and how can legal justice be upheld in relation to restrictions on access to control of patient medical records by hospitals? This research is basically a normative legal research, namely a scientific approach that uses written legal materials as the main source in analyzing legal problems, and enforcing legal norms. The conclusion is that medical records must be made in electronic form or using digital means. That in the implementation of medical services can also be done in two ways, namely through conventional medical service facilities such as in health facilities and medical services carried out digitally, namely telemedicine. Thus, the position of medical records as evidence in medical disputes is very important, especially in realizing transparent justice both at the MDP level and in court. Medical records, both electronic and non-electronic, have an important position as evidence in medical disputes. The presence of transparent medical records is very important in realizing justice, both at the Professional Disciplinary Enforcement Council (MDP) level and in court.

LEGAL PROTECTION OF PAPUAN INDIGENOUS PEOPLES THROUGH THE ROLE OF THE PAPUAN PEOPLE'S ASSEMBLY REGARDING FOREIGN INVESTMENT AFTER THE PAPUA SPECIAL AUTONOMY LAW

Filep Wamafma — Sun, 11 Jan 2026 00:00:00 -0500

One of Papua's special autonomy rights is the existence of the Papuan People's Council (MRP) as a cultural representation of the indigenous Papuan population which is given certain powers. The main problem is that the MRP, which is a direct representative of indigenous Papuans, is considered to have weak authority in carrying out the direct aspirations of the Indigenous Papuan people, including matters relating to the entry of foreign investors into their customary land. Therefore, the implications of foreign investment on the enjoyment and ownership of indigenous peoples' rights to land are becoming increasingly neglected. This research was conducted to examine the legal protection of Papua's indigenous communities through the role of the Papuan People's Council towards foreign investment. This type of research is included in normative juridical with a statutory approach. The research results show that the regulation of foreign investment in Indonesia is regulated by Law Number 25 of 2007. This law contains a number of principles which form the background for the formation of norms and rules contained in the articles of this law. The legal protection of Papua's indigenous communities in relation to foreign investment is realized through several provisions, including Article 38 paragraph (2) and Article 43 of Law Number 21 of 2001 concerning Special Autonomy for Papua Province. In this law, it is stipulated that economic businesses that utilize natural resources in Papua must respect the rights of indigenous peoples. Furthermore, the Papuan People's Assembly must pay attention to indigenous communities in carrying out its functions and authority.

THE STATE OF LAW AND DEMOCRACY: THE REALITY OF STATE IN THE CONSTITUTIONAL SYSTEM IN INDONESIA

Fri, 16 Jan 2026 00:00:00 -0500

Indonesia constitutionally affirms itself as a state based on law (rechtsstaat), but in practice, tensions often arise between the supremacy of law and political interests. This article aims to analyze the dialectical relationship between the concept of the rule of law and democracy in the Indonesian constitutional system, particularly in the context of post-2024 election dynamics. Using a normative legal approach and an analysis of responsive legal typology by Philippe Nonet and Philip Selznick, this study finds that law enforcement in Indonesia still faces major challenges in the form of legal politicization, the weakening of independent institutions, and a shift towards semantic constitutionalism. This study concludes that strengthening constitutional democracy requires the integration of responsive law, strong political ethics, and constitutional adaptation to digital disruption to maintain genuine popular sovereignty.

PROTECTION OF DATA SUBJECT RIGHTS IN THE TRANSFER OF PERSONAL DATA BETWEEN DATA CONTROLLERS IN INDONESIA: A COMPARATIVE ANALYSIS OF THE PDP LAW AND THE EU GDPR

Syahreza Fachran, Sinta Dewi Rosadi, Prita Amalia — Fri, 16 Jan 2026 00:00:00 -0500

The rapid digital transformation and growth of e-commerce in Indonesia have triggered a high volume of personal data transfers between controllers. while Article 55 of the Personal Data Protection Law (UU PDP) provides only a general authorization without clear technical guidance, creating legal uncertainty and risks to data subject rights. This study analyzes the legal uncertainty of UU PDP’s regulation of controller-to-controller data transfers compared to the EU GDPR and proposes an accountable and transparent mechanism tailored to Indonesia. A normative and comparative legal method is employed, examining legislation, the principles of transparency and accountability, and a comparison between Article 55 UU PDP and Article 46 GDPR on safeguards and Standard Contractual Clauses (SCCs). The findings reveal substantial gaps in technical standards, verification mechanisms, documentation, and enforcement, in contrast to the GDPR’s modular SCCs, mandatory DPIAs, records of processing activities, and effective supervisory powers. The absence of standardized contractual clauses and an operational supervisory authority in Indonesia weakens transparency and the fulfillment of data subject rights. The study recommends adopting Indonesia-specific SCCs, strengthening an independent supervisory authority, and implementing techno-regulation through privacy by design, encryption, and Data Loss Prevention. Harmonization with GDPR standards via SCCs and institutional strengthening is essential to ensure secure, transparent, and accountable controller-to-controller transfers.

LEGAL JURISDICTION AND PLACE OF OCCURENCE IN TRANSNATIONAL CYBERCRIME: A NORMATIVE ANALYSIS OF GLOBAL LAW AND INDONESIAN TELECOMMUNICATIONS REGULATIONS

Agustinus Nicholas L Tobing, Annisa Fitria — Fri, 16 Jan 2026 00:00:00 -0500

This study investigates the establishment of legal authority and the site of the offense in international cyber offenses via a normative legal method, emphasizing global legal viewpoints such as the Budapest Convention, UN Convention against Cybercrime 2024, and Tallinn Manual 2.0, along with Indonesia’s domestic information technology laws including Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE) with its revisions, and Law No. 27 of 2022 on Personal Data Protection (UU PDP). The foundation stems from the rising worldwide cyber risks that transcend borders, with BSSN records noting over 5,000 occurrences in Indonesia in 2025, while the issue formulation encompasses the layered definition of the site of the offense and cross-country investigative authority based on global concepts and examples like cyber assaults on Taiwan (2024-2025), INTERPOL reports on African cyber offenses (June 2025), and INTERPOL financial activities (September 2025). The research approach includes gathering secondary materials such as legal texts and official documents, employing statutory, comparative, and case evaluations to yield practical suggestions like ratifying international conventions, developing judicial guidelines, and establishing a national task force. The outcomes highlight the adjustment of authority theories for intangible cyber spaces, including three site of offense concepts (locus actus, effectus, instrumentum), and advocate for alignment to address regulatory voids, provide assurance, and safeguard state interests in the digital age.

JURIDICAL ANALYSIS OF THE LEGAL PROTECTION OF SONG ROYALTIES AGAINST COPYRIGHT INFRINGEMENT DISPUTES

Atik Abawaiki, Asri Elies Alamanda — Fri, 16 Jan 2026 00:00:00 -0500

Copyright provides exclusive rights and legal protection, especially to industry players to get rewards in the form of royalties for their creations, which is currently an interesting issue in the country's music industry. One of the most pressing issues in protecting IP in the digital age is the enforcement of music royalties in cases of copyright infringement. This research is designed with the aim of exploring further legal protection of royalty practices and concepts in the context of copyright infringement disputes in Indonesia. The moral and economic rights of creators must be fully protected when music is considered intellectual property. The main legal basis for royalty management is UUHC Number 28 of 2014 and Government Regulation Number 56 of 2021, which aim to ensure that creators receive financial rewards from the commercial use of their works. The National Collective Management Institute (LMKN) is responsible for managing royalties and ensuring that creators and rights holders receive and receive a proportional share. The main challenge is the number of copyright infringements due to the lack of awareness of music industry players regarding royalty payment obligations. This research also discusses the mechanism for resolving royalty disputes through non-litigation alternatives and litigation in the Commercial Court to provide legal certainty and effective protection. With a normative and juridical approach, this research aims to strengthen the implementation of song copyright law and encourage a fair and sustainable music industry in Indonesia.

LEGAL CERTAINTY OF THE USE OF CRYPTOCURRENCY AS A PAYMENT INSTRUMENT FROM THE PERSPECTIVE OF INDONESIAN POSITIVE LAW

Bambang Tresno Wahyudi, Nourma Dewi, Firstnandiar Glica Aini Suniaprily — Fri, 16 Jan 2026 00:00:00 -0500

This study aims to provide answers to the legal certainty provided by laws and regulations regarding the use of cryptocurrency as a payment instrument in Indonesia and efforts to achieve legal certainty for the use of cryptocurrency as a payment instrument in the future. Cryptocurrency is an impact of globalization that must be responded to with legal changes, given the large amount of its global use that has an impact in Indonesia. The Currency Law does not explicitly provide space for cryptocurrency, implicating limited regulatory space for its use in Indonesia. A study analyzing the guarantee of legal certainty for cryptocurrency use is needed in light of existing normative regulations and efforts to achieve such legal certainty. This research is normative with a legislative and conceptual approach. The results show that the form of legal certainty in laws and regulations regarding the use of cryptocurrency as a payment instrument in Indonesia is not yet regulated in Law Number 7 of 2011 concerning Currency, but cryptocurrencies are partially regulated as commodities that can be traded on futures exchanges, in accordance with Minister of Trade Regulation Number 99 of 2018 concerning General Policy for the Implementation of Crypto Asset Futures Trading. This means that cryptocurrencies cannot yet be used as payment instruments but have limited transaction value on futures exchanges. Efforts to realize legal certainty for the use of cryptocurrency as a payment instrument in the future include injecting cryptocurrency as a digital payment instrument into Law Number 7 of 2011 concerning Currency, formulating technical regulations for the Regulation of the Minister of Trade and Bank Indonesia Regulations that accommodate the technical procedures for the use of cryptocurrency, and with the recognition of cryptocurrency in the updated Currency Law, its use can be guaranteed at the Deposit Insurance Corporation.

RESPONSIBILITY OF E-COMMERCE BUSINESS OPERATORS FOR SELF-PREFERENCING PRACTICES IN THE ABUSE OF DOMINANT POSITION

Hana Humaira Sachmaso , Heru Sugiyono — Fri, 16 Jan 2026 00:00:00 -0500

Self-preferencing practices by dominant e-commerce platforms have distorted business competition by prioritizing internal products through algorithmic manipulation, limiting fair market access for third-party sellers and influencing consumer choice in a misleading way. Such conduct risks constituting an abuse of dominance and underscores the need for stronger transparency and nondiscrimination safeguards. This research aims to analyze the qualification of self-preferencing as a form of abuse of dominant position and the legal liability of business actors in Indonesia. The research method employed is normative juridical with statutory and case comparison approaches, specifically examining the law enforcement against Coupang in South Korea. The results indicate that although not explicitly regulated, self-preferencing fulfills the elements of discrimination under Article 19 letter d and Article 25 of Law No. 5 of 1999. However, the KPPU case study on Shopee demonstrates that law enforcement remains limited to behavioral remedies mechanisms due to challenges in proving algorithmic conduct. Beyond competition law, the non-discrimination principle is also a liability for business actors based on the ITE Law and Government Regulation No. 80 of 2019. This study concludes the necessity for explicit regulation regarding algorithmic transparency and self-preferencing in Indonesia, reflecting on the strict guidelines applied in South Korea, to ensure a fair digital ecosystem.

THE LEGAL UTILITARIANISM APPROACH IN THE REGULATION OF AGE VERIFICATION FOR FINTECH USERS: CASE DATA ANALYSIS AND STUDY ON UNDERAGE MISUSE BASED ON INDONESIAN REGULATION

Aditya Nur Tio Sanda, Rahmatullah Ayu Hasmiati, Surahman, M. Nurcholis Alhadi — Fri, 16 Jan 2026 00:00:00 -0500

The rapid growth of financial technology, fintech in Indonesia has brought significant benefits in expanding financial inclusion, particularly for communities underserved by traditional banking. However, this progress also presents serious challenges, especially regarding user age verification. The ease of registering with only an uploaded ID card and selfie has enabled minors to misuse their parents' identities to access online loans or pay later services, resulting in financial, psychological, and legal risks for families and fintech providers. Through the legal utilitarianism perspective, strict age verification is seen as a policy that produces the greatest benefit for society by reducing identity misuse, minimizing default risk, and strengthening public trust in the digital ecosystem. Challenges such as cybersecurity, data leakage, weak internal supervision, and illegal fintech proliferation indicate the need for integrated biometric systems, validation with the national population database, Dukcapil, and digital literacy within families. Therefore, strengthening the legal framework for age verification becomes an essential foundation toward a safe, inclusive, and socially beneficial fintech industry.

EXAMINING THE LEGAL COMPETENCE OF CLIENTS WITH MILD COGNITIVE IMPAIRMENT: ETHICAL RESPONSIBILITIES OF A NOTARY IN THE EXECUTION OF A DEED

Irfah Aprillia Rahma, Indratirini — Fri, 16 Jan 2026 00:00:00 -0500

The integrity of notarial deeds in Indonesia hinges upon the fulfillment of subjective legal requirements, principally the legal capacity to act and true consent (wilsovereenstemming), as mandated by Article 1320 of the Civil Code. This research addresses a critical contemporary challenge posed by clients diagnosed with Mild Cognitive Impairment (MCI). While MCI clients are formally considered legally competent (de jure), as they are typically not placed under formal guardianship, their functional cognitive deficits create a legal grey area, potentially invalidating the deed due to vitiated consent. This circumstance directly threatens the principle of legal certainty that notarial deeds are intended to uphold.

This study employs Normative Legal Research with a Statute and Conceptual Approach, utilizing primary legal materials such as the Notary Law (UUJN) and the Civil Code, supplemented by professional ethical codes. The analysis focuses on the existing normative deficiencies in Indonesian law regarding the assessment of functional capacity beyond formal guardianship status. The conclusion highlights a significant demand for the expanded implementation of the Ethical Due Diligence Principle by notaries. This ethical responsibility must transcend minimum legal requirements. To protect vulnerable clients and minimize the risk of deed cancellation, notaries must adopt a Defensive-Protective Procedural Model. Key elements of this model include: 1) Developing robust, non-medical observation skills to detect MCI indicators; 2) Utilizing external verification mechanisms, such as requesting functional capacity certificates from medical specialists; and 3) Documenting every ethical precaution within the deed itself as a crucial defensive measure against future legal claims. This ethical expansion is necessary to safeguard both the client's interests and the integrity of the notarial profession.

LEGAL ANALYSIS OF UNLAWFUL ACTS RESULTING IN PATIENT PARALYSIS POST-CHIROPRACTIC THERAPY

Akbar Avatar Silas Putra, Abdullah Fikri — Wed, 21 Jan 2026 00:00:00 -0500

This study aims to analyze the legal aspects of unlawful acts causing paralysis in patients following chiropractic therapy. Chiropractic therapy, as a form of alternative medicine, has grown in popularity; however, serious complications such as paralysis require thorough examination of the therapist’s legal liability. This research employs normative and empirical approaches by reviewing health regulations and tort law principles. Data were gathered through literature review and interviews with victims and health law experts. The findings indicate that chiropractic practitioners must adhere to established standards and possess recognized expertise to avoid patient harm. If paralysis occurs due to negligence or procedural errors, practitioners may face legal sanctions based on unlawful acts, including compensation claims and criminal liability. The study recommends stricter supervision of chiropractic practices by relevant authorities to protect patients’ rights and prevent unlawful conduct. In conclusion, the legal analysis strengthens patient protection post-chiropractic therapy and clarifies the responsibility limits of the practitioners.

LEGAL VALIDITY OF A LAND DEED EXECUTED BY A LAND DEED OFFICIAL WITHOUT BEING READ BEFORE THE PARTIES

Yenni Kartika, Rasji Rasji — Fri, 16 Jan 2026 00:00:00 -0500

The Deed of the Land Deed Official plays an essential role in guaranteeing legal certainty over the transfer of land rights. However, in practice, violations of formal requirements often occur, such as the failure to read the deed before the parties. This study aims to analyze the validity of a deed of grant that was not read in the presence of the parties, as well as the legal liability of the Land Deed Official for executing a deed that does not comply with the prescribed procedures. This research employs a normative juridical method with a statutory approach and a case study analysis of Decision Number 298/Pdt.G/2021/PN Kpg. The results of the study indicate that a Land Deed Official’s deed that is not read before the parties constitutes a deed with a formal defect, causing it to lose its status as an authentic deed and, consequently, depriving it of full legal evidentiary strength. In addition, a Land Deed Official who neglects the obligation to read the deed may be held legally liable administratively, civilly, as well as ethically under professional conduct standards. In conclusion, the reading of the deed before the parties is not merely a procedural formality, but rather constitutes a form of legal protection and a moral responsibility of the Land Deed Official to ensure validity and fairness in every legal act concerning land affairs.

LEGAL PROTECTION AGAINST CONTINUOUS MONEY LAUNDERING IN THE TAX SECTOR IN INDONESIA

Ulfah Nurfadilah, Iwan Darmawan — Fri, 16 Jan 2026 00:00:00 -0500

Legal protection against money laundering crimes occurring in the context of taxation in Indonesia. Money laundering involving the tax sector is a serious issue that can disrupt economic stability and national revenue. This study explains the legal framework governing efforts to prevent and combat money laundering, particularly those related to taxation practices, and also identifies weaknesses and challenges in its implementation. The definition of tax crimes includes tax evasion thru forgery committed by individuals or by people working within a legal entity, usually involving collaboration between taxpayers and tax officials for personal gain. Criminal policies related to money laundering in handling tax crimes demonstrate a strong connection between source crimes, such as crimes in the tax sector considered predicate crimes, and money laundering offenses, which can be seen as their derivative. The obstacles and challenges in resolving tax crimes thru the anti-money laundering system are related to weaknesses in the existing evidence system in Indonesian criminal law.

CAUSAL FACTORS AND IMPACTS OF SEXUAL VIOLENCE AGAINST CHILDREN, AND THE URGENCY OF LAW NUMBER 12 OF 2022 (TPKS LAW) FOR VICTIMS

Aulia Febriliana Basyuni, Iwan Darmawan, Asmak Ul Hosnah — Fri, 16 Jan 2026 00:00:00 -0500

Sexual violence is a violation of the law involving sexual acts without the victim's consent, whether physical or non-physical, including harassment, sexual exploitation, coercion, and electronic-based violence. Regulations regarding this criminal act are stipulated in Law Number 12 of 2022 concerning Sexual Violence Crimes. Article 4 paragraph (2) states that non-physical actions such as gestures, writing, or words related to a person's body parts or sexual desires can be subject to criminal sanctions as a form of non-physical sexual harassment. This research aims to provide a comprehensive overview of sexual violence crimes and formulate recommendations to promote the optimal implementation and enforcement of the law. This research uses a normative legal method by examining relevant laws and regulations and literature. The research findings indicate that sexual violence is influenced by various complex factors, including gender inequality, patriarchal social norms, a lack of education about sexuality and the law, and a weak law enforcement and victim protection system. This finding confirms the need to strengthen regulations, public education, and protection mechanisms to reduce the number of sexual violence cases and ensure justice for victims.

THE URGENCY OF LAND ADMINISTRATION ACCURACY BY THE NATIONAL LAND AGENCY TO MINIMIZE LAND DISPUTES

Noval Abi Putra, Mahipal, Mustaqim — Fri, 16 Jan 2026 00:00:00 -0500

As the agency authorized to issue State Administrative Decisions (TUN) in the land sector, the National Land Agency (BPN) has a legal obligation to ensure that all administrative processes are carried out meticulously, accurately, and in accordance with the General Principles of Good Governance (AUPB). This research aims to analyze the application of the principle of prudence by BPN officials in the process of issuing land certificates and to examine the form of state responsibility when there is a violation of this principle. This research employs a normative legal research method with a legislative and conceptual approach, supplemented by an analysis of several relevant State Administrative Court (PTUN) decisions. The research findings indicate that the negligence of BPN officials in verifying legal data and conducting physical inspections of land can be categorized as a violation of the principle of diligence, which has implications for the cancelation of land administration decisions and the emergence of state liability. Therefore, the application of the principles of prudence and transparency in every stage of land administration needs to be strengthened so that public trust in the agrarian legal system and the protection of land rights in Indonesia remains protected.

HERMENEUTIC ANALYSIS OF ARTICLES 281 AND 286 OF THE LAW ON BANKRUPTCY AND SUSPENSION OF DEBT PAYMENT OBLIGATIONS FROM THE PERSPECTIVE OF LEGAL CERTAINTY

Biner Sihotang, Mesa Indra Naiborhuo — Thu, 22 Jan 2026 00:00:00 -0500

This study analyses the conflict between the absolute rights of separate creditors under the Law on Mortgage Rights (UUHT) and the collective mechanisms under the Law on Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU), particularly in relation to the implementation of Articles 281 and 286. The main problem arises when separate creditors who reject the settlement plan are still forced to accept the results of majority voting, thereby degrading absolute security rights into mere quasi-secured claims. Using normative juridical methods and Gadamer’s fusion of horizons legal hermeneutics, this study examines the interpretative tensions and legislative gaps that deviate from the original intent of the 2004 law. The results of this study show that this inconsistency in norms creates legal uncertainty that has a systemic impact on the banking sector through portfolio risk escalation and increased cost of funds, which ultimately erodes the stability of the national investment climate. This study recommends amending the UUK-PKPU to include the Objection Right and Opt-Out Right mechanisms, and standardising the substantive justice test applied by commercial judges to ensure the protection of the economic value of collateral. This regulatory reconstruction is crucial to restoring the spirit of legal certainty and strengthening Indonesia’s global economic competitiveness.

THE PRINCIPLE OF JUSTICE IN THE DISTRIBUTION OF SURPLUS RESULTS OF THE EMPLOYEES COOPERATIVE

Qodriyah Isniyati, Danang Wahyu M, Mukti Fajar ND — Thu, 22 Jan 2026 00:00:00 -0500

This study aims to analyze the distribution of the Surplus of Business Results (SHU) of the Employees Cooperative of Universitas Muhammadiyah Yogyakarta in light of the principle of justice. Based on Law Number 25 of 1992 on Cooperatives, Article 45 stipulates that the surplus of business results, after the allocation of reserve funds, shall be distributed to members in proportion to the business services conducted by each member with the cooperative, and shall also be allocated for cooperative education and other cooperative needs in accordance with the decisions of the members meeting. In practice, SHU distribution is generally carried out during the annual members meeting, where members with larger loan amounts tend to receive a greater share of SHU than members with equivalent savings. The principle of justice in SHU distribution is thus oriented toward members who contribute the most significant reserve funds. This research employs a juridical method with a normative approach. The novelty of this study lies in its examination of the application of the principle of justice in the distribution of SHU within the Employees' Cooperative of Universitas Muhammadiyah Yogyakarta. The findings indicate that SHU distribution prioritizes members with the largest loans, resulting in greater SHU benefits than those from savings. However, this practice raises concerns about members' understanding of justice, as many perceive fair distribution as equal allocation among members. Therefore, cooperative management should be more proactive in disseminating cooperative literacy to ensure that members do not perceive the differences in SHU allocation as "unfair". Aristotle conceptualized justice as a balance between numerical equality and proportional equality, namely granting rights in accordance with capacity and merit, which aligns with the application of SHU distribution in the Employees' Cooperative of Universitas Muhammadiyah Yogyakarta.

SYNCHRONIZATION OF SOCIAL BOND ISSUANCE SETTINGS AS A FINANCING INSTRUMENT FOR AFFORDABLE HOUSING IN INDONESIA

Firzatul Rima Fitriana, Budi Endarto — Thu, 22 Jan 2026 00:00:00 -0500

This article examines the legal synchronization of social bond issuance as an alternative financing instrument for the fulfillment of affordable housing needs in Indonesia. The central issue of this study is the lack of alignment between social bond regulations and affordable housing provisions, which hinders the achievement of sustainable urban development. The objective of this research is to formulate a juridical basis capable of harmonizing social bond requirements with affordable housing targets. This study employs normative legal research through statutory and conceptual approaches. The results indicate that the provisions of POJK 18/2023 on social bonds are not yet aligned with affordable housing regulations contained in Government Regulation 12/2021, Government Regulation 21/2024, and Regulation of the Minister of Public Works and Housing 7/2022, creating obstacles to effective implementation. A horizontal synchronization model is required to harmonize these regulatory frameworks, particularly to support economic equalization under the Asta Cita Program designated as a National Priority in the National Medium-Term Development Plan 2025–2029. The study concludes that regulatory synchronization is essential to ensure the effectiveness of social bonds as a financing instrument for affordable housing in Indonesia.

LEGAL PROTECTION FOR CONSUMERS IN E-COMMERCE TRANSACTIONS (COMPARATIVE STUDY OF INDONESIA & THAILAND)

Indri Yani Dewi, Padian Adi Salamat Siregar — Fri, 23 Jan 2026 00:00:00 -0500

The development of e-commerce in Indonesia and Thailand presents new challenges in consumer protection that require in-depth comparative studies. Consumers are in a relatively weak position due to limited access to inspecting goods directly, information asymmetry, and the potential risk of fraud and non-conformity of goods. This study analyzes two main research questions: first, how e-commerce transactions are regulated in Indonesia and Thailand; and second, how legal protection for consumers in e-commerce transactions compares in both countries. The research method uses a normative juridical approach with a statute approach and a comparative approach, with a descriptive analytical nature. Data are sourced from primary legal materials in the form of Indonesian and Thai laws and regulations, as well as secondary legal materials in the form of journals and scientific books, which are analyzed qualitatively. The results of the study show fundamental differences between the two countries. Indonesia has a fragmented regulatory system in various regulations, including Law No. 8 of 1999, the ITE Law, and Government Regulation No. 80 of 2019, which creates overlapping authority, applies a limited reverse burden of proof principle that still burdens consumers, and has a dispute resolution system through the BPSK (Regional Consumer Protection Agency) that is time-consuming and has a low level of compliance. In contrast, Thailand implements integrated regulations with the Consumer Protection Act as umbrella legislation, a strict liability principle that benefits consumers by only proving product defects, losses, and causal relationships, and an efficient dispute resolution system through the OCPB and Online Dispute Resolution with a high level of compliance. The existence of the OCPB as a specialized institution with administrative, mediation, and supervisory authority is a strength of the Thai system. The study recommends that Indonesia adopt an integrated approach, strengthen institutions, and develop a technology-based system to improve the effectiveness of e-commerce consumer protection within the context of ASEAN harmonization.

IMPLICATIONS OF THE ENACTMENT OF BASIC AGRARIAN LAW ON THE EVIDENTIARY FORCE OF EIGENDOM

Fernando Anggrek, Moh Saleh — Sat, 24 Jan 2026 00:00:00 -0500

This study examines the legal implications of the enactment of Law Number 5 of 1960 (UUPA) on the status of colonial-era eigendom rights, specifically concerning land arising from the nationalization of colonial assets transferred to State-Owned Enterprises (SOEs/BUMN). The findings demonstrate that eigendom rights were extinguished upon the enactment of the UUPA and ought to have been converted into the Right to Manage (HPL) or other rights as prescribed by the UUPA. The focus of the study is directed at the conflict in Dukuh Pakis District, Surabaya City, between PT Pertamina (Persero), as the holder of nationalized assets, and community members who have obtained land title certificates. PT Pertamina (Persero)'s claim is founded upon colonial eigendom land rights acquired through the nationalization of Dutch companies. These nationalized assets have not been promptly converted by PT Pertamina (Persero) to date, thereby giving rise to disputes. The arising disputes are primarily attributed to the SOE's negligence in failing to perform the conversion of land rights as mandated by the UUPA. The National Land Agency (BPN), a state institution authorized to issue land title certificates, was also not diligent in tracing the land's provenance when the certificates were issued to the community. Consequently, both the BPN and the SOE failed to regulate and register the nationalized assets, resulting in an overlap between the land's historical status and the rights granted to the community. Therefore, a resolution should be pursued through administrative rectification and state asset verification, while taking into account the circumstances of community members acting in good faith (bona fide) who have acquired their rights through official procedures.

CUSTOMARY LAND CONFLICTS BETWEEN DAYAK INDIGENOUS LAW AND STATE LAW IN INDONESIA

Diva Rafi Anjani, Imelda Hasibuan, Ahmad Nafhani, Aryo Subroto — Sat, 24 Jan 2026 00:00:00 -0500

Indonesia’s legal system is characterized by legal pluralism, in which state law coexists with customary law (adat) practiced by indigenous communities. Despite constitutional recognition and supportive judicial decisions, conflicts over customary land persist, particularly among Dayak indigenous communities in Kalimantan. These conflicts largely arise from structural incompatibilities between state land law—centered on administrative legality, formal registration, and written evidence—and customary law, which is grounded in communal ownership, oral traditions, and social legitimacy. This article analyzes conflicts between Dayak customary law and state law in the governance of customary land from a legal anthropology perspective. It examines the operation of Dayak customary law as a living law, identifies the causes and forms of conflict with state legal regimes, and assesses the implications of these conflicts for customary land governance and legal certainty. The research employs a qualitative legal-anthropological approach. Data were collected through in-depth interviews with customary leaders, community members, and relevant stakeholders, complemented by participant observation and document analysis. The data were analyzed using descriptive and interpretative methods, drawing on the concepts of legal pluralism and semi-autonomous social fields. The findings demonstrate that Dayak customary law remains effective in regulating land control, use, and dispute resolution at the community level. However, conflicts persist due to the dominance of formal state legal mechanisms that marginalize customary authority in land administration, licensing, and development processes. Normative recognition of indigenous rights alone has proven insufficient to secure legal protection for customary land. The study argues that substantive integration of customary institutions into state land governance frameworks is essential to reduce conflict, enhance legal effectiveness, and ensure meaningful protection of indigenous land rights.

SUBSTANTIVE ENVIRONMENTAL LAW COMPLIANCE OF OIL PALM LICENSING AND STATE RESPONSIBILITY FOR FLOODS IN SUMATRA

Mon, 26 Jan 2026 00:00:00 -0500

Large-scale oil palm plantation development has transformed Sumatra into a strategic economic region while intensifying environmental degradation and recurrent flooding associated with forest conversion. These conditions raise legal questions regarding the substantive compliance of plantation licensing policies with environmental law principles and the scope of state responsibility for ecological disasters. This study examines whether oil palm plantation licensing in Sumatra substantially complies with environmental law and whether recurrent floods justify classification as a national disaster with implications for state responsibility. Using a normative legal research method, this study applies statutory, conceptual, and case-based approaches grounded in constitutional, environmental, forestry, plantation, and disaster management laws. The findings show that although plantation licensing policies largely comply with formal administrative requirements, the government fails to satisfy substantive environmental law principles, including the precautionary principle, prevention, sustainable development, and the polluter-pays principle. Licenses authorising forest conversion have contributed to structural environmental degradation and increased flood risks. Under the prevailing fault-based legal framework, state liability for flood disasters resulting from licensing policies remains limited, despite identifiable causal links between administrative decisions and environmental harm. This condition warrants a shift toward a more substantive interpretation of state responsibility to ensure accountability for environmental disasters across Sumatra.