Awang Long Law Review

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

2026-01-14T05:56:08-05:00

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

2026-01-14T05:45:00-05:00

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

2026-01-14T05:54:51-05:00

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

2026-01-14T06:03:17-05:00

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

2026-01-11T23:19:34-05:00

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.

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

2026-01-16T06:53:05-05:00

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.

Policy Model for the Protection of Indonesian Migrant Workers’ Remittances Based on Pancasila: A Comparative Analysis of Protection Mechanisms and Social Justice Values Between Indonesia and the Philippines

2026-01-16T06:56:38-05:00

Remittances from Indonesian migrant workers significantly contribute to national economic growth while serving as a crucial source of household welfare for their families. However, current remittance governance still faces regulatory and administrative challenges that hinder the full realization of economic benefits for migrant workers. This study aims to analyze Indonesia’s remittance protection policies through the lens of administrative law and international law while formulating an ideal policy model grounded in Pancasila values. This research employs a normative legal methodology using statutory, conceptual, and comparative approaches, particularly contrasting Indonesia’s policies with those of the Philippines. The findings reveal that although Indonesia has established a regulatory foundation through Law No. 18 of 2017 and national financial regulations, the implementation remains insufficient in addressing high transaction costs, limited access to formal financial services, and the widespread reliance on informal channels prone to fraud and loss of funds. Compared to the Philippines, Indonesia lags behind in ensuring interoperable cross-border payment systems, cost transparency, and financial literacy support for migrant workers and their families. Furthermore, weaknesses in regulatory oversight and interagency coordination contribute to unrecorded remittances and inadequate legal protection, especially for undocumented migrants. By adopting the social justice principles of Pancasila as a normative foundation, remittance policies should prioritize cost efficiency, accessible digital financial services, and strengthened supervisory mechanisms across institutions. Therefore, comprehensive government intervention is required to ensure that remittances operate not only as financial transfers but as instruments of equitable welfare and sustainable national development.

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

2026-01-16T07:00:00-05:00

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

2026-01-16T07:02:52-05:00

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

2026-01-16T07:04:55-05:00

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

2026-01-16T07:06:18-05:00

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

2026-01-16T07:08:18-05:00

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.

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

2026-01-16T07:10:39-05:00

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.

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

2026-01-16T07:20:16-05:00

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

2026-01-16T07:23:09-05:00

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

2026-01-16T08:07:58-05:00

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

2026-01-16T08:11:25-05:00

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

2026-01-16T08:19:59-05:00

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.

LEGAL IMPLICATIONS OF THE CONSTITUTIONAL COURT'S DECISION TO ELIMINATE THE 20% PRESIDENTIAL THRESHOLD IN PRESIDENTIAL AND VICE-PRESIDENTIAL NOMINATIONS

2026-01-16T08:22:12-05:00

This article discusses the legal and political dynamics surrounding the 20% presidential threshold (PT) provision in Indonesia's presidential election system. PT is regulated in Article 222 of Law Number 7 of 2017 concerning General Elections, which has sparked much debate and legal challenges. The initial purpose of the PT was to strengthen the presidential system and simplify the number of presidential and vice-presidential candidates. However, its implementation is considered to hinder democratization and limit the people's political choices. Since its first implementation, the Constitutional Court has rejected various lawsuits seeking the cancelation of this provision, until finally, on January 2, 2025, the Court declared that PT 20% no longer has binding legal force. This research uses a normative-empirical approach and theories of democracy, the presidential system, and constitutional law. The research findings indicate that the Constitutional Court's change in attitude reflects a response to public pressure to create a more inclusive and democratic electoral system

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

2026-01-16T08:28:54-05:00

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.