Awang Long Law Review

OPTIMIZATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS TOWARDS THE PROTECTION OF HUMAN RIGHTS OF THE INTERNATIONAL COMMUNITY

Subakdi, Marina Ery Setiyawati — Mon, 03 Nov 2025 00:00:00 -0500

The International Committee of the Red Cross or ICRC is an international organization that carries out humanitarian missions in the health sector. The ICRC helps international countries that are in criminal conflict to protect the human rights of civilians affected by the conflict. The purpose of this study is that the authors hope to find out the ICRC's optimization of the protection of human rights in the international community. This research uses a literature study research method on the ICRC's optimization of the protection of human rights of the international community in countries that have been given assistance by the ICRC before.

ENFORCEMENT OF LAWS ON SEXUAL VIOLENCE IN MARRIAGE (MARITAL RAPE): A COMPARATIVE STUDY OF CRIMINAL LAWS IN INDONESIA AND SINGAPORE

Azzhara Nikita Wahdah, Beniharmoni Harefa — Mon, 03 Nov 2025 00:00:00 -0500

Marital rape is a form of sexual violence that is often not explicitly recognized in legal systems, especially in countries with strong patriarchal cultures. This article provides a comparative analysis of the regulation and enforcement of marital rape as a criminal offense in Indonesia and Singapore. In Indonesia, the recognition of marital rape as a criminal offense has been strengthened through the new Criminal Code (Law No. 1 of 2023), the PKDRT Law, and the TPKS Law, although its implementation still faces challenges in the form of complaint offenses, social stigma, and a lack of understanding of gender issues among officials. Meanwhile, Singapore has removed legal immunity for husbands since the enactment of the Criminal Law Reform Act 2019, and provides civil protection through Personal Protection Orders (PPOs) and an integrated reporting system. This study uses a normative legal and comparative law approach to examine the differences in the legal systems, regulations, and cultures of the two countries. The results of the study show that Singapore is more progressive in handling cases of marital rape, both in terms of regulations and victim protection mechanisms. This article recommends that Indonesia strengthen inter-agency synergy, reform the reporting system, and improve public legal literacy as strategic steps in combating domestic sexual violence. With a comprehensive approach, it is hoped that the Indonesian legal system can be more responsive to the needs of victims and ensure gender sensitive justice.

THE BUSINESS BEHIND THE CHARM OF TOURIST VILLAGES: WHEN THE LAW NEEDS TO BE MORE REAL

Benhard Kurniawan Pasaribu, Maisyarah — Wed, 05 Nov 2025 00:00:00 -0500

The charm of tourist villages across Indonesia is increasingly attracting attention as an alternative driver of community-based economic growth. Tourist villages serve not only as venues for cultural and natural preservation but also as incubators for various creative economic activities led by local communities. However, behind this economic dynamism, many business practices still operate without clear legal certainty—covering issues such as business entity status, partnership contracts, financial management, and the protection of intellectual property rights. This study explores three key questions: the forms and patterns of business practices within tourist villages, the legal challenges faced by business actors, and the ideal model of business regulation to strengthen the role of rural communities in managing tourist villages. The research employs a juridical-empirical method, using a problem-solving strategy that includes literature review, interviews, and direct observation of two tourist-village sites. The findings show that most business activities in tourist villages are carried out on a micro, small, and medium scale with informally managed operations. Several areas require greater attention and improvement: strengthening synergy between local government and village communities, enhancing legal awareness among local micro-enterprise actors, and addressing tourism safety and insurance standards. The study recommends a business-law regulatory model that formally designates local government as a mandatory partner for mentoring and supervision, implemented under the principle of “Community-Led, Government-Supported,” while ensuring that all major decisions in village tourism management reflect the outcomes of community deliberation.

AN UNREASONABLE PURCHASE OF GOODS: A CRIMINAL LAW PERSPECTIVE

Wed, 05 Nov 2025 00:00:00 -0500

The purpose of this study is to compare the criminal law regarding the dishonest purchase of goods or receipt of goods resulting or also known as fencing from crime between the Indonesian Criminal Code and the Penal Code of Singapore. This research uses a normative juridical method, so the data used is secondary. This data consists of the Indonesian Criminal Code and the Singapore Penal Code, as well as journals relevant to the problem. The novelty of this research is that the formulation of criminal sanctions is not only alternative but can be imposed cumulatively, and there is a separate formulation regarding the receipt of stolen motor vehicle goods. The research results show that purchasing criminal goods or receiving stolen property or fencing is regulated under Article 480 of the Indonesian Criminal Code and Article 411 of the Singapore Criminal Code. Both define the offense as intentional by a responsible perpetrator. Criminal sanctions under the Indonesian Criminal Code are alternative, and if fencing occurs, there is jurisprudence as source of formal law. While those under the Singapore Penal Code are alternative or cumulative. Receiving stolen property, particularly motor vehicles, carries cumulative penalties, plus a ban on holding or obtaining a driver's license, imposed by the court upon release from prison. The research concludes that fencing is a violation in both Indonesia and Singapore. The only differences lie in the form of punishment stipulated in the Criminal Code and the formulation of receiving stolen property for motor vehicles. The research concludes that fencing is a violation in both Indonesia and Singapore. The only differences lie in the form of punishment stipulated in the Criminal Code and the formulation of receiving stolen property for motor vehicles.

THE ROLE OF THE CONSUMER DISPUTE RESOLUTION AGENCY IN BREACH OF PERFORMANCE DISPUTES UNDER THE CONSUMER PROTECTION LAW

Excel Febrianka Yuwono, Moody R. Syailendra Putra — Tue, 18 Nov 2025 00:00:00 -0500

Globalization and modern economic development not only bring opportunities but also generate new challenges in the relationship between consumers and business actors. One of the dispute resolution mechanisms regulated under Law No. 8 of 1999 on Consumer Protection is the Consumer Dispute Resolution Agency as a non-litigation forum. This study aims to analyze the Consumer Dispute Resolution Agency’s authority in adjudicating default disputes and the implications of Supreme Court Decision No. 275 K/Pdt.Sus-BPSK/2024 for consumer protection. The research method applied is normative juridical with statutory, conceptual, and case study approaches. The findings reveal that the Consumer Dispute Resolution Agency is authorized to resolve consumer disputes through mediation, arbitration, or conciliation, but not pure contractual defaults, which fall under the jurisdiction of civil courts. The Supreme Court decision confirms that default disputes in sales contracts cannot be categorized as consumer disputes, thereby excluding the Consumer Dispute Resolution Agency’s jurisdiction. This situation creates challenges because consumers who suffer losses due to default cannot obtain optimal protection through the Consumer Dispute Resolution Agency. Moreover, the lack of executorial power for the Consumer Dispute Resolution Agency decisions further undermines its effectiveness as a quasi-judicial body. Therefore, strengthening regulations and harmonizing the Consumer Protection Law with civil law are essential to ensure that the Consumer Dispute Resolution Agency can function more effectively in providing legal certainty and consumer protection.

BANK'S RESPONSIBILITY FOR THE EXECUTION OF AUCTIONS FOR UNCERTIFIED LAND

Eduard Kamaleng, Emy Hajar Abra, Alwan Hadiyanto — Thu, 20 Nov 2025 00:00:00 -0500

The auction method is typically used to bring together two parties in a legal transaction. In an auction, there are two parties involved: the party submitting the bid and the party that wins the auction. Auctions can be carried out on land that has been obtained and registered with a mortgage. In practice, there are also irregularities in the auction process, particularly in auctions conducted on land that has not been certified. This is the case, for example, in Court Decision Number 03/Pdt. Eks / 2020 / Pn.Tbk Jo. Number 29 / Pdt.G / 2015 / Pn.Tbk. This study will discuss the Implementation of Regulations regarding the execution of auctions for land collateral that has not been certified. How is the Bank's Accountability for the Execution of Auctions for Land That Has Not Been Certified? What is the Solution to the Execution of Auctions for Land That Has Not Been Certified? The research methodology employed in this study is a normative research approach. Regulations governing the Execution Auction include Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration, Auction PMK, Mortgage Law, Regulation of the Minister of Agrarian Affairs Number 16 of 2021 concerning the Third Amendment to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Implementing Provisions of Government Regulation Number 24 of 1997 concerning Land Registration. The role of the bank in the smooth running of the transfer of rights from the bank as the applicant for the auction of land to the auction winner is part of the bank's responsibility, as referred to in the theory of strict liability, which requires the bank to be jointly responsible for it even though the bank did not make a mistake. To address the issue of auction execution on uncertified land, several legal solutions can be employed. First, the government needs to accelerate the land certification process through the Systematic Land Registration (PTSL) program. Second, there needs to be stricter regulations related to auction execution. Third, education and socialization to the community regarding land rights and applicable legal procedures are also critical. Fourth, establishing mediation or dispute resolution institutions at the local level can be an alternative solution to resolving disputes that arise from auction execution. Fifth, the government should also consider providing incentives for landowners who are willing to undergo certification.

LEGAL PROTECTION OF BANKRUPT CREDITORS AGAINST TRANSFER OF MANAGEMENT RIGHTS OVER LAND OWNED BY BANKRUPT DEBTORS DUE TO DELAY IN EXTENSION OF BATAM AUTHORITY'S ANNUAL MANDATORY MONEY

Anggra Satria Sitindaon, Alwan Hadiyanto, Rizki Tri Anugrah Bhakti — Thu, 20 Nov 2025 00:00:00 -0500

When the soil entered estate bankruptcy, it experienced delays in paying the Batam Authority's Annual Mandatory Fee. The Batam Authority's Annual Mandatory Payment is one of the strongest pieces of evidence indicating that the company has legal ownership over the land. However, the possibility of the land being taken over by the Batam Business Agency is because the Batam Business Agency has the right to do so. However, the conflict of regulations that occurred also resulted in a legal vacuum, leaving a gap in resolving the problem. In this study, several issues are studied, including: How are the regulations regarding assets owned by bankrupt debtors, the rules regarding the transfer of land management rights by the Batam Business Agency, how the legal protection of bankrupt creditors regarding the transfer of land management rights owned by bankrupt debtors due to delays in extending the Batam Authority's annual mandatory money. The form of this research is normative legal research, utilizing secondary data as its primary source of information. The data analysis used is qualitative descriptive analysis. The assets owned by debtors who are declared bankrupt include those that already existed at the time of the bankruptcy decision, as well as those acquired during the bankruptcy process, referred to as estate bankruptcy. The supervisory judge and curator manage the estate in bankruptcy, with the results then distributed according to the previously determined repayment priorities. The transfer of land management rights can be carried out by BP Batam if several conditions are met, namely that the Batam Authority Annual Compulsory Money has not been paid or extended, there is a mismatch in land use, or the land has been given in not cultivated within a specific period. The transfer of management rights can be carried out because BP Batam is the holder of the management rights to the land in Batam. In facing the challenges faced by bankrupt creditors, legal protection is an essential aspect. One way to protect creditors is to strengthen the monitoring mechanism for the transfer of land management rights. Additionally, legal education for creditors needs to be improved so that they understand their rights within the bankruptcy process. Many creditors are not aware that they have the right to file objections to the transfer of management rights carried out by BP Batam. By improving legal understanding, creditors can be more proactive in protecting their rights.

LEGAL PROTECTION FOR DONATORS AGAINST ACTIONS BY DONATION RECIPIENTS WHO MISAPPROPRIATE DONATION MONEY

Junaidi Syahputra Gani, Pristika Handayani, Emy Hajar Abra — Thu, 20 Nov 2025 00:00:00 -0500

In reality, collecting donations often does not match the original purpose of providing the funds. This is a common occurrence and is frequently reported by television, mass media, and online media. In this study, several issues are examined, including the implementation of regulations regarding donations, the legal protection afforded to donors against the misuse of donation funds by recipients, and the solutions for actions taken by recipients who misuse donation funds. The form of this research is normative legal research, utilizing secondary data as its primary source of information. The data analysis used is qualitative descriptive analysis. Legal protection for donors in the context of acts of misuse of donation money by recipients of donations is a complex issue and requires serious attention. On the one hand, existing regulations have provided a sufficient legal framework to protect donors; on the other hand, there are still many challenges to their implementation in the field. Cases of misuse that occur show that the existing regulations are not fully effective in preventing misuse of funds. It is essential to strengthen the supervision and accountability of institutions that collect donations. Transparency in fund management, independent audits, and certification for trusted foundations are some steps that can be taken to increase donor trust. In addition, educating the public about their rights as donors is also crucial in building better legal awareness. With the various solutions proposed, the donation ecosystem in Indonesia can become more efficient and transparent. The public must feel safe and confident that every donation given will be used for the right purpose. Only in this way can we build a healthy and sustainable donation culture in Indonesia.

LEGAL IMPLEMENTATION OF A DEED OF TESTAMENTARY GRANT IN CASES WHERE THE BENEFICIARY IS AN UNREGISTERED LEGAL ENTITY

Noviarasta Dewi Rositasari, Tjempaka Tjempaka — Thu, 20 Nov 2025 00:00:00 -0500

The Aim of this research is to identify the essential aspects that must be verified by a notary in the process of drafting a deed of testamentary gift, to ensure that an individual or legal entity meets the criteria as a beneficiary under the provisions of the Indonesian Civil Code. Furthermore, the research aims to gain a deeper understanding of the notary's responsibilities in carrying out duties related to testamentary deeds. The research method employed in this study is a normative juridical approach combined with empirical data, utilizing a conceptual approach, a statutory approach, and a case-based approach. The Novelty of this research lies in the confirmation that, under inheritance law, a legal entity may indeed be designated as a beneficiary of a will. However, in its implementation, certain documentation and clear legal status of the legal entity are required, as stipulated in the Indonesian Civil Code. The findings of this study, referring to the case concerning the deed of testamentary gift in Decision No. 52/Pdt.G/2020/PN.Bgr, indicate that the beneficiary of the will, a foundation, had been established and possessed Articles of Association but had not yet been officially approved by the Ministry of Law and Human Rights. As a result, the legal certainty regarding the foundation’s existence was brought into question. Consequently, the notary may be held administratively and civilly liable if their actions are deemed to fulfill the elements of an unlawful act as stipulated in Article 1365 of the Indonesian Civil Code. This research is conducted with the expectation that in the future that The notary must exercise greater diligence in drafting testamentary deeds and must fulfill all obligations related to their preparation as stipulated by law. This ensures that the testamentary deed created by the notary provides legal certainty and does not cause harm to any party.

CRIMINAL LIABILITY IN THE CRIME OF CORRUPTION IN LAND ACQUISITION FOR THE CONSTRUCTION

Akh Mulyanto, Farhana Farhana — Thu, 20 Nov 2025 00:00:00 -0500

Land acquisition procedures carried out in the context of the construction of the Tapin Dam are qualified as part of land acquisition for the public interest, as referred to in laws and regulations. This qualification is in line with the provisions of 65 of 2006 concerning to Presidential Regulation.36i of 2005, which states that infrastructure development for the benefit of water resources, including dams, is a form of development for the public interest. In this context, the Kalimantan II River Regional Center held land acquisition activities for the construction of the Tapin Dam through the formation of a land acquisition committee as stipulated in the Presidential Regulation. Proof in the Crime of Corruption of land acquisition for the Construction of the Tapin Dam is by proving criminal acts (elements of the article charged), the ability to be responsible, mistakes in the form of intentionality or forgetfulness and the absence of a reason for criminal removal. As for the criminal liability, that the defendant had received land change money from the community that the defendant used for the benefit of his family, so that the defendant was punished criminally and fined. The judge's consideration in Decision No. 10/PID. SUS-TPK/2023/PT BJM regarding the crime of corruption in land acquisition for the construction of the Tapin Dam stated that the defendant was proven to have committed an unlawful act as stipulated in Article 12 letter e of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, which has been amended and supplemented by Law Number 20 of 2001, so that the verdict is considered appropriate. the defendant had made an agreement with the witness Sogianor Bin Ilar (deceased) as the Head of Pipitak Jaya Village and a member of the Land Acquisition Team in the Implementation of Land Acquisition for the Construction of the Tapin Dam as a state administrator, and the defendant as a participant in the investigation, so that the crime occurred.

CRITICISM OF DEEP SEA MININGAND THE ISA REGULATORY VOID: THE ROLE OF THE BBNJ AGREEMENT AS A PROTECTION MECHANISM

Dimas Raditya Dwi Putra — Thu, 20 Nov 2025 00:00:00 -0500

Deep Sea Mining (DSM) in international areas has triggered various controversies due to serious ecological risks and regulatory uncertainty in the International Seabed Authority (ISA). This article aims to examine the legal gaps related to DSM and evaluate the potential of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement as a temporary protection mechanism until the ISA Mining Code is finalized. The analysis is carried out through a normative approach by reviewing international law of the sea principles such as the “common heritage of mankind,” the precautionary principle, and the ecosystem approach, as well as their relevance in the context of DSM. The study results show that although BBNJ cannot fully replace ISA legally, this agreement offers a significant additional layer of protection for the marine environment through the obligation to conduct environmental impact assessments and the establishment of marine protected areas. This research also reveals conflicts of interest and inequalities in the benefit-sharing mechanism that potentially disadvantage developing countries. In conclusion, BBNJ plays an important role as a complementary instrument that can strengthen DSM oversight, but does not replace the comprehensive regulations required from ISA.

Legal Protection of Participants in the Procurement of Technical Equipment Against Misuse of Equipment Design

Desron Siringo-Ringo, Parningotan Malau, Pristika Handayani — Thu, 20 Nov 2025 04:51:14 -0500

The submission of a procurement request for engineering equipment is, of course, accompanied by a budget plan for the manufacture of the equipment. In practice, many companies that conduct engineering equipment procurement auctions often obtain engineering equipment designs from one tender participant to be used by other tender participants without disclosure. This causes injustice to tender participants whose engineering equipment designs are used without their knowledge or consent. The absence of registration of industrial designs results in no protection of industrial design rights, which can lead to imitation or plagiarism of the design, and there is even the possibility of using the design in the future. Another problem that also arises is that the engineering equipment designed or created is not mass-produced, as it is only produced for specific conditions. The formulation of the problem in this study concerns how to regulate engineering equipment design, how to protect engineering equipment procurement participants from misuse of engineering equipment design, and what solutions are available for addressing misuse of equipment design. The research methodology used was normative research. In Indonesia, industrial design, also known as industrial product design, has been recognized as a distinct entity from copyright. In 2000, a law specifically regulating industrial design was enacted, known as the Industrial Design Law. Additionally, the regulation regarding the layout of integrated circuits is outlined in Law Number 32 of 2000 concerning Integrated Circuit Layout Design. The protection of engineering tool designs can only be carried out through repressive efforts, both criminally and civilly. This protection is only based on whether the engineering tool procurement participant has an industrial design certificate. So that the engineering tool procurement participant firmly owns the legality of the design, solutions that can be taken include: First, the need for preventive legal regulations in the form of obligations from the engineering tool procurement company with the engineering tool procurement participant in the form of a written agreement containing an agreement to maintain the confidentiality of information. Second, there is a need for ease in obtaining industrial design certificates by the Directorate General of Intellectual Property Rights. Third, there is a need for supervision and socialization of all business entities participating in the procurement of engineering tools to prevent the misuse of engineering tool designs.

Policy Strategies in Handling Rohingya Refugees in Indonesia to Support Sustainable Justice

Athina Kartika Sari, Zulfikar Zulfikar, Much Nurachmad, Kharraz Muazarah — Thu, 20 Nov 2025 04:56:03 -0500

Indonesia’s status as a transit country has the potential to pose negative threats in terms of law enforcement, financial security, social security, the conduct of foreign policy, and other related issues. Although Indonesia has affirmed its commitment to refugee protection as stipulated in Article 27 paragraph (2) of Law Number 37 of 1999 on Foreign Relations, which is further elaborated in Presidential Regulation No. 125 of 2016 on the Handling of Refugees from Abroad, a number of challenges remain unresolved to this day. Against this backdrop, this research employs a normative juridical method. The formulation of the research problems is as follows: (1) What is the legal status of Rohingya refugees under international law and national law? (2) What legal strategies can be adopted in Indonesia to address refugee issues in support of sustainable justice? The conclusions of this research are as follows: (1) The arrival of Rohingya refugees on 14 November 2023 in Banda Aceh demonstrates the absence of legal recognition, as the procedures applied did not comply with either international law or national law, specifically the 1951 Refugee Convention, the 1967 Protocol, and Law No. 9 of 1992 on Immigration. Although immigration violations occurred, humanitarian considerations and the principle of non-refoulement remain central, as both migrants and refugees are in a vulnerable position. (2) Strategic measures that Indonesia may adopt in addressing refugee issues include: a) Strengthening collaboration with local communities and non-governmental organizations (NGOs); b) Promoting economic empowerment through the imposition of taxes on income-generating refugees; c) Utilizing third-party donor country funding schemes to facilitate the relocation of refugees to destination countries or to states that are parties to the Refugee Convention.

CONCEPT OF ILLICIT ENRICHMENT APPLICATION COMPARISON BETWEEN INDONESIA AND AUSTRALIA

virna amalia nur permata — Thu, 20 Nov 2025 06:51:28 -0500

This study aims to compare the application of illicit enrichment regulations and concepts between Australia and Indonesia and their implications in reducing corruption cases in both countries. The research method used is normative legal research with a Statute Approach, Conceptual Approach, and Comparative Approach. The legal materials used include primary legal materials, namely laws and regulations relevant to the issues under study. In addition, secondary legal materials consist of textbooks discussing various legal issues, scientific journals, works from legal circles, and research results. Tertiary legal materials are used as supplements, namely through the Internet. The data collection method used is library research. The results of the study show that illicit enrichment will be a breakthrough in the anti-corruption system in Indonesia. Although Indonesia has ratified the UNCAC, this ratification does not accommodate the concept of illicit enrichment. so that implementing Illicit Enrichment can be a good step, reflecting on Australia's success in indicating corruption earlier by looking at the increase and/or imbalance between the wealth of state officials and their legitimate income. In its implications, the Anti-Corruption Law can be the right legal framework for injecting the concept of Illicit Enrichment.

JURIDICAL REVIEW ON THE PROTECTION OF INHERITANCE RIGHTS OF ILLEGITTIMATE CHILDREN FROM THEIR BIOLOGICAL PARENTS IN INDONESIA

Ariska Jumai Resty, Fatimah Asyari, Farahwati, Abdul Rokhim — Thu, 20 Nov 2025 20:54:40 -0500

The objective of this research is to conduct a juridical examination of the protection of inheritance rights for nonmarital children from their biological father mother under Indonesian law. Nonmarital children have historically faced legal challenges concerning The acknowledgment of the civil status bond between the child and the biological father, which directly impacts their succession rights. This study analyzes provisions of positive law in Indonesia, particularly those regulated under Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), the Civil Code and Constitutional Court Decision No. 46/PUU-VIII/2010, which opens avenues for acknowledging the biological relationship between a nonmarital child and their father through evidentiary means such as DNA testing. Additionally, this study discusses the role of gifts (hibah) and obligatory bequests (wasiat wajibah) as alternative legal instruments to safeguard the inheritance status of children resulting from valid marital relationships, particularly within the context of positive law. The findings of this analysis indicate that, although the KHI imposes limitations on sharia lineage, the Constitutional Court decision provides legal certainty and constitutional protection for children born outside official marital bonds to claim Rights to inheritance derived from their natural parents. However, the implementation of this protection continues to encounter technical and cultural obstacles, necessitating further regulatory adjustments and public socialization. This research recommends regulatory adaptations and enhanced access to biological evidence to strengthen the safeguards for the inheritance rights of nonmarital children in Indonesia.

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

Lezhna Nayla Nurjihan, Utami Julianti — Fri, 21 Nov 2025 01:13:33 -0500

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 CERTAINTY FOR ETAWAKU GOAT MILK TRADEMARK RIGHTS HOLDERS OVER TRADEMARK CANCELLATION SUIT

Emi Zulaika, Dyah Ochtorina Susanti, Jessenia Hayfa — Fri, 21 Nov 2025 01:26:15 -0500

Information technology encourages globalization and IPR protection, making brands an important asset to differentiate products or services in business competition. This research aims to analyze the first to file principle in the registration of the Etawaku goat milk brand regarding legal certainty and legal consequences. The first to file principle as regulated in Law Number 20 of 2016 concerning Trademarks provides exclusive rights to the first registrant, without regard to previous use. This created a polemic in the case of a dispute between Imam Subekhi, the initial user of the Etawaku brand since 2012, and Mukit Hendrayatno, the official registrant of the brand in 2021 and 2022. This research uses a juridical-normative method with a statutory and conceptual approach. The research results show that the application of the first to file principle has provided legal certainty to the first registrant, namely Mukit Hedrayatno. As a result of the law, Imam Subekhi lost his rights to the brand even though he had used it previously. To protect its rights, early adopters can file a trademark cancellation lawsuit on the grounds of bad faith. Apart from that, it also has consequences for third parties, namely changes in ownership or brand disputes that can confuse consumers regarding the authenticity of the product and affect loyalty, as well as risk canceling contracts or cooperation with business partners if the trademark cancellation lawsuit is granted. This research emphasizes the importance of trademark registration to avoid future disputes and provides recommendations to DJKI to increase socialization and speed up the brand verification process through the latest technology.

ANALYSIS OF BREACH OF CONTRACT IN SHOPHOUSE LEASE AGREEMENTS IN THE COMMERCIAL DISTRICT

Deviana Putri, Fatimah Asyari, Farahwati, Benhard Kurniawan Pasaribu — Sat, 22 Nov 2025 01:45:56 -0500

This study aims to analyze the forms of default that occur in shop house lease agreements in the commercial area of Samarinda City and to examine the mechanisms for resolving them. The background of this study is based on the fact that the commercial area in Samarinda is growing rapidly, making shop rental practices an important necessity for economic activities. However, on the other hand, these practices are prone to disputes due to the failure of one party to fulfill their obligations. This study uses an empirical method, where data is obtained through interviews and the distribution of questionnaires to 25 respondents (shop owners and tenants), as well as case documentation at the Samarinda District Court. The results of the study show that the most dominant form of default is late payment of rent, experienced by 62% of shop owners, followed by misuse of shop functions at 18%, and unilateral termination of contracts at 12%. In terms of dispute resolution, 70% of cases were resolved non-judicially through deliberation and mediation, while 30% resolved through litigation in court. The study also found that most lease agreements were made without the involvement of a notary or legal advisor, so that the clauses of the agreement tended to be simple and legally weak. Thus, this study concludes that default in shop lease agreements in Samarinda City is a real and recurring problem, but it can still be minimized through stronger agreements, the involvement of notaries, and increased legal awareness among the parties. This study is expected to contribute to the development of civil law, particularly in the practice of lease agreements in commercial areas.

LEGAL PROTECTION FOR WORKERS WITH DISABILITIES IN THE WORKPLACE TO ENSURE EQUALITY AND WELFARE IN INDONESIA

Bryan Septian Manalu, Syamsul Hadi — Sun, 23 Nov 2025 09:12:41 -0500

This study explores the legal protections for workers with disabilities in Indonesia, highlighting the importance of ensuring equality, inclusivity, and welfare in the workplace. Despite existing laws that safeguard their rights, persons with disabilities still face discrimination, limited job opportunities, and inadequate workplace accommodations. Indonesia has ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and enacted Law Number 8 of 2016 on Persons with Disabilities and Law Number 13 of 2003 on Manpower. However, enforcement remains weak due to poor implementation, lack of supervision, and limited sanctions for non-compliance. Using a normative juridical research approach, this study employs legislative and conceptual methods to review relevant laws, regulations, and literature and assess their effectiveness. Results show that, although legal norms promote equal employment rights, practical challenges persist because of structural and cultural barriers. Institutions like the Disability Service Unit (ULD) and initiatives such as DNetwork play vital roles in improving accessibility and fostering inclusive employment. Additionally, some local inclusive enterprises in South Tangerang demonstrate how community efforts can empower persons with disabilities in the workforce. The study concludes that strong legal protections require not only comprehensive laws but also effective enforcement, cooperation between the government and the private sector, and ongoing public awareness campaigns to combat stigma. Developing inclusive employment policies and adaptable work environments is essential for achieving social justice and advancing the welfare and productivity of workers with disabilities in Indonesia.

BREACH OF CONTRACT IN COMMERCIAL GUARANTEE RELATIONSHIPS: AN ANALYSIS OF DISTRICT COURT DECISION NO. 127/PDT.G/2022/PN JKT.PST

Angeline Wellvy Santoso, Mia Hadiati — Sun, 23 Nov 2025 09:18:05 -0500

This research examines the legal construction of default in commercial guarantee relationships, focusing on the analysis of District Court Decision No. 127/Pdt.G/2022/PN Jkt.Pst. The background arises from the growing complexity of modern business contracts that position guarantors as equivalent to primary debtors, thereby shifting the legal function of guarantees. This research seeks to examine the legal aspects basis of guarantor liability in cases of debtor default and to assess the judicial interpretation trends regarding contractual obligations. The research applies a normative-juridical approach by reviewing primary legal materials, including primary sources like statutes and judicial rulings, along with secondary materials such as legal literature and journals scholarly. The findings indicate that the court adopted a progressive interpretation of the pacta sunt servanda and good faith principles as the basis for imposing liability on guarantors. The decision reflects a paradigm shift from a formalistic to a contextual and proportional approach that prioritizes substantive justice over mere textual certainty. The study concludes that the standardization of commercial guarantee contracts and consistent jurisprudence are essential to ensure balance between creditor protection and guarantor fairness in commercial transactions.

Investment Management Agency After the Enactment of Law Number 1 of 2025 and Its Implications for Regionally-Owned Enterprises

Dwi Putra Nugraha, Stephanie Sigrid, Livia Cheryl Natasha, Jennifer The — Sun, 23 Nov 2025 09:18:22 -0500

Article 1 point 23 of Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 concerning State-Owned Enterprises brings a new paradigm for the management of State-Owned Enterprises, especially related to the emergence of the Daya Anagata Nusantara Investment Management Agency as a strategic investment super holding company. The presence of this agency marks a fundamental transformation of State-Owned Enterprises, which has legal implications for the concept of separate state assets. However, this change has created a gap with Regionally-Owned Enterprises, which still operate under Government Regulation Number 54 of 2017 concerning Regionally-Owned Enterprises and face limitations in terms of capital, governance, and political intervention. This paper analyzes the relationship between the Investment Management Agency and Regionally Owned Enterprises in the context of decentralization, and explores the relevance and potential of establishing Investment Management Agencies at the regional level. The results of the study show that strengthening regional investment governance through the establishment of regional Investment Management Agencies has the potential to increase efficiency, transparency, and investment attractiveness, while promoting the harmonization of national and regional interests in sustainable development.

Comparative Study of Territorial and National Active Principles in the Context of the Application of Criminal Law in Indonesia

Kusmiyati, Syamsuddin; Ilham — Sun, 23 Nov 2025 00:00:00 -0500

This study examines the comparison between the territorial principle and the active national principle in the context of criminal law enforcement in Indonesia. Indonesia, as a vast archipelagic country, faces challenges in the application of cross-border criminal law, especially in cases involving Indonesian citizens who commit crimes abroad and foreign citizens who commit crimes in their territory. The territorial principle focuses on the location of the crime, while the active national principle allows the prosecution of Indonesian citizens for crimes committed abroad. This study analyzes the legal framework stipulated in the 1946 Criminal Code (KUHP) and the revised version in 2023, highlighting the differences and implications of the two principles. Through normative legal research, this research aims to identify the effectiveness of these principles in dealing with transnational crime and emerging legal dilemmas. The findings of the study show that while both principles serve to uphold national sovereignty and protect the rights of citizens, their application

LEGAL POSITIVISM: A COMPARATIVE STUDY OF MODERNITY IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM

Sulaiman, Syaifuddin, Syamsuddin, Hajairin — Tue, 25 Nov 2025 04:10:26 -0500

In practice and reality, legal positivism tends to be detrimental to justice seekers, legal positivism is formal and can only realize justice procedurally. This study uses normative legal research to inventory positive law, find legal principles and doctrines, with several approaches, the first is the Legislative Approach, Second, the conceptual approach is carried out by examining concepts, theories and opinions of experts that are related to the object being studied. Third, the comparative approach is a way of comparing to understand the law. The results of the study show that the law itself is always viewed as written law (law as it written in the books) in the text of legislation or law is law (law is law) only, even though the law itself should also be seen from the facts that occur in the field, for example those processed in court hearings. However, in positive law, the police, prosecutors and judges or other formal legal institutions cannot be blamed because they only fulfill and implement the formulation of the law which does not provide an opportunity for law enforcement officers to act according to their conscience. Even though judges are given freedom according to their conscience, if faced with complete evidence, there is no reason for the judge not to decide the case. Therefore, in the author's opinion, legal positivism is seen as unable to realize substantively just law for justice seekers but is only able to realize formal legal certainty and procedural justice in the implementation of the criminal justice system.

AFFIRMATION OF WOMEN'S REPRESENTATIVENESS AND ELECTABILITY IN THE IMPLEMENTATION OF THE 2024 SIMULTANEOUS ELECTIONS IN SUMBAWA ISLAND, WEST NUSA TENGGARA

Essy Puspitasari, Taufik Firmanto, Hadijah — Tue, 25 Nov 2025 04:10:49 -0500

article is the result of research on Affirmation of Women's Representation and Electability in the Implementation of Simultaneous Elections in 2024 on Sumbawa Island, West Nusa Tenggara. The purpose of this study is to try to find out the rationality of Affirmation of Women's Representation and Electability in the Implementation of Simultaneous Elections in 2024 on Sumbawa Island, West Nusa Tenggara , what are the policies and obstacles encountered. The method used in this study is a mixed method research method where several methods are combined in one research, such as normative methods with empirical methods . Results from this study shows that the quota for women of at least 30 began to be enforced in the 2004 election. However, up to the last legislative election, which was 22.1%. The hope of achieving a minimum quota of 30% female representation has not been met. The originality of this study shows that so far there has been no research on the Affirmation of Women's Representation and Electability in the Implementation of Simultaneous Elections in 2024 on Sumbawa Island, West Nusa Tenggara . So the author took the initiative to research this issue.

COLLABORATIVE GOVERNANCE BETWEEN LEGAL AID INSTITUTE AND MINISTRY OF LAW ON PROTECTION OF THE POVERTY SOCIETY’S RIGHTS IN WEST KALIMANTAN PROVINCE

Grace Kelly Hadi Putri Sihombing, Yunika Depri Listiana, Eka Mustikasari — Tue, 25 Nov 2025 04:27:22 -0500

This study looks at how the Ministry of Law and the Legal Aid Institute (LAI) work together to protect the rights of the underprivileged in West Kalimantan Province by using a collaborative governance approach, as required by Law No. 16 of 2011 concerning Legal Aid. Despite the fact that legal aid is constitutionally guaranteed and has the potential to increase access to justice significantly, administrative obstacles, poor coordination, and financial limitations continue to hinder its practical application. Due to intricate disbursement processes and constrained case quotas, data show poor litigation legal aid outcomes. In order to comprehend the dynamics of this collaboration, this study employs descriptive qualitative methods through observation, documentation, and interviews. According to the analysis, in order to make legal aid services more inclusive and equitable, stakeholders must work together more effectively, streamline processes, and increase funding. Together with enhancing collaborative governance in the area of legal public services, these recommendations are anticipated to increase the efficacy of legal protection for the underprivileged.

ELIMINATING DOMESTIC VIOLENCE FROM THE PERSPECTIVE OF THE PRINCIPLE OF BALANCE

Nemos Muhadar — Tue, 25 Nov 2025 05:35:01 -0500

This dissertation is entitled "The Elimination of Domestic Violence According to the Perspective of the Principle of Balance." Domestic violence (KDRT) fundamentally violates the goals of marriage—to form a happy, perpetual, and harmonious family—and constitutes a gross violation of human rights. Despite the existence of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), the prevalence and complexity of domestic violence cases continue to rise, urging a philosophical and doctrinal re-evaluation of the current legal framework. This study addresses two pivotal legal issues: (1) the underlying philosophy of eliminating domestic violence from the perspective of the Principle of Balance, and (2) the necessary reformulation of the arrangement for eliminating domestic violence based on this principle. The research method is normative legal research using conceptual, statutory, case, and comparative approaches. The current UU PKDRT criminal sanctions are limited to imprisonment and fines. This limitation results in an imbalance, particularly when a victim (eg, a wife) seeks both justice for the abuse and the preservation of her family unit, a core objective explicitly stated in the Law. This study concludes that the Principle of Balance, rooted in monodualistic justice and aligned with Restorative Justice, necessitates the accommodation of alternative criminal sanctions (such as supervision or social work) for certain types of domestic violence. This reformulation is essential for bridging the gap between retributive punishment and the ultimate goal of maintaining a harmonious and prosperous household (ius constituendum).

CRIMINAL LIABILITY OF PERPETRATORS OF SIM CARD REGISTRATION DATA HACKING UNDER THE EIT LAW AND THE PDP LAW

Inayah Fasawwa Putri, Moody R. Syailendra Putra — Wed, 26 Nov 2025 05:39:43 -0500

The 2022 incident involving the leakage of 1.3 billion SIM card registration data severely undermined public trust in personal data security in Indonesia. This incident revealed weaknesses in data governance and the suboptimal implementation of legal protection for digital privacy. This study aims to analyze the criminal liability of perpetrators involved in the hacking of SIM card registration data based on Law Number 1 of 2024 concerning Electronic Information and Transactions (EIT Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The research employs a normative juridical method with statutory and case approaches. The findings indicate that both laws have different scopes and approaches yet are mutually complementary: the EIT Law emphasizes unauthorized access and disruption of electronic systems, while the PDP Law focuses on the unlawful misuse and disclosure of personal data. The combination of both laws provides a crucial legal foundation to prosecute data hacking perpetrators, although in practice, challenges remain in digital evidence collection, normative disharmony, and inter-agency coordination. Effective law enforcement requires harmonization in the application of both laws, the strengthening of digital forensic capacity, and the establishment of a strong and independent data protection authority.

Exploitation of Legal Loopholes by Fixed-Term Employment Workers in the Context of Compensation Payments from the Perspective of Legal Utility

Diwa Saputra, Richard C. Adam — Wed, 26 Nov 2025 05:40:03 -0500

The Fixed-Term Employment Agreement is a form of employment relationship limited by a specific period, as regulated under Law Number 13 of 2003 on Manpower, as amended by Law Number 11 of 2020 on Job Creation, along with its implementing regulation, Government Regulation Number 35 of 2021. One of the regulatory innovations introduced by these instruments is the concept of compensation payment for Fixed-Term Employment Agreement workers, regardless of the reason for the termination of employment. However, in practice, this provision has created a legal loophole that may be exploited by workers to obtain compensation even when, in substance, such entitlement does not meet the criteria of fairness. This study aims to analyze the forms of legal loophole exploitation by Fixed-Term Employment Agreement workers in the implementation of compensation payments and to examine this phenomenon from the perspective of legal utility. The research employs a normative juridical method using both statutory and conceptual approaches. The results indicate that the lack of normative clarity in Government Regulation Number 35 of 2021 particularly concerning the conditions for granting compensation and the mechanisms of its supervision has opened opportunities for misuse of rights by workers. From the perspective of legal utility, this demonstrates that the current regulatory framework has not yet fully achieved a balanced social benefit between workers and employers.

PROTECTION OF CHILDREN’S RIGHTS IN CUSTODY DISPUTES AWARDING GUARDIANSHIP TO GRANDPARENTS FROM THE PERSPECTIVE OF THE CONVENTION ON THE RIGHTS OF THE CHILD

Ratu Mutiara Anggraini, Tjempaka Tjempaka — Wed, 26 Nov 2025 05:40:30 -0500

The protection of children’s rights constitutes a fundamental legal and social concern because it directly affects children’s future, welfare, and development as vulnerable legal subjects; in custody disputes, the judiciary plays a pivotal role in ensuring that the best interests of the child remain the paramount consideration. Although the international framework, notably the Convention on the Rights of the Child, and national regulations affirm this principle, judicial practice reveals implementation complexities shaped by social, psychological, and economic factors. This study aims to analyze the application of the best interest of the child principle in custody dispute rulings (case study: Decision No. 167/Pdt.G/2021/PN Plk) and its implications for child protection. The research employs a normative-empirical juridical method through statutory and doctrinal review combined with case law analysis as empirical evidence. The findings indicate that judges tend to prioritize the child’s holistic welfare by weighing factual evidence concerning caregivers’ financial capacity, emotional stability, and any conduct endangering the child; in the examined case, custody was transferred to the grandparents due to substantiated concerns about the biological parent’s fitness. Moreover, the study reveals procedural shortcomings such as the sporadic use of systematic child-psychological expert testimony and weak post-decision monitoring mechanisms that leave residual risks to children’s rights. The research further highlights the need to harmonize international norms with domestic practice, to incorporate standardized psychosocial assessment tools into adjudicative processes, and to establish regular oversight of enforcement. Consequently, judicial decisions grounded in the best-interest principle must be supported by multidisciplinary procedures and enforceable follow-up measures to ensure effective protection of children’s rights.

Effectiveness of Anti-Discrimination Implementation for Labor In Multicultural Society In Batam City From International and National Law Perspective

Nurul Azlyn, Rina Shahriyani Syahrullah, Elza Syarief — Wed, 26 Nov 2025 09:08:46 -0500

This study aims to evaluate the effectiveness of anti-discrimination policies in the workforce in Batam City, a center of industry with a high diversity of backgrounds. Although international and national regulations have been implemented to reduce discrimination, the practice of discrimination in the workplace is still a significant issue, as evidenced by the high rate of discrimination that occurs, including in Batam City. This study aims to analyze the application of international and national laws in Batam City because the industries in Batam City are comprised of local/national and foreign industries. This research uses a statutory approach and an empirical approach. The research was conducted through in-depth interviews with companies and agencies related to labor policies. The findings show that most companies in Batam City have adopted anti-discrimination policies to realize the international and national legal approaches. However, implementing these policies is often hampered by a lack of understanding and awareness of workers' rights, as well as weak monitoring mechanisms and sanctions for violations. This study recommends increased training on diversity and equality in the workplace, strengthened reporting mechanisms, and stricter law enforcement against perpetrators of discrimination. Thus, it is expected that a more inclusive and fair work environment can be created in Batam City.