Journal of Legal, Political, and Humanistic Inquiry
Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal publishing articles in law, political science, and the humanities. It is published quarterly (March, June, September, and December), operates under a full open access policy with a CC BY-SA 4.0 license, and charges no article processing fees (APC). Published by CV Scripta Intelektual Mandiri, Custodia accepts manuscripts in English or Indonesian that meet scholarly and ethical standards.
Corporate Legal Accountability: Law Enforcement against Environmental Pollution and Damage in Indonesia
Corporate legal liability plays a crucial role in addressing environmental pollution and degradation in Indonesia, particularly in the context of increasing industrial and corporate activities. This study examines the enforcement of law against corporations responsible for environmental damage, focusing on the normative framework, practical challenges, and effectiveness of existing legal mechanisms. Using a normative juridical method, the research analyzes statutory regulations, legal doctrines, and relevant court decisions related to corporate criminal liability in environmental cases. The findings indicate that although Indonesian environmental law provides comprehensive instruments, including criminal, civil, and administrative sanctions, law enforcement remains suboptimal due to evidentiary difficulties, complex corporate structures, institutional limitations, and weak inter-agency coordination. These obstacles often reduce the deterrent effect of sanctions and hinder environmental restoration efforts. The study emphasizes the importance of strengthening institutional capacity, adopting a progressive judicial approach, and ensuring consistent enforcement to enhance corporate accountability. Effective enforcement of corporate liability is essential to safeguard environmental sustainability, protect public interests, and ensure justice for present and future generations
corporate liability, environmental law enforcement, environmental damage, corporate crime, Indonesia.
Copyright (c) 2025 Journal of Legal, Political, and Humanistic Inquiry
Deconstructing Partnership Relationships in the Gig Economy: A Legal Review of Algorithmic Control and Pseudo-Freedom in Contracts
The expansion of the gig economy business model in Indonesia has generated complex legal issues concerning the validity of the “partner” status assigned to online transportation drivers. This classification places drivers outside the protective framework of Law No. 13 of 2003 on Manpower, resulting in the deprivation of fundamental labor rights such as minimum wages and social security. This study examines the legal validity of partnership agreements under Article 1320 of the Indonesian Civil Code, with particular emphasis on defects of consent, and compares the findings with the rationale of the Uber BV v Aslam decision in the United Kingdom. Employing a normative juridical method with statutory, conceptual, and comparative law approaches, the study finds that existing partnership agreements suffer from fundamental legal defects due to violations of the principle of contractual balance and the presence of abuse of circumstances (misbruik van omstandigheden), both economically and psychologically. Furthermore, algorithmic control exercised by platform operators fulfills the element of authority (gezag) that characterizes an employment relationship, rendering the “partner” status legally invalid. Accordingly, the study recommends the adoption of a sui generis regulatory framework to ensure social protection for gig workers while preserving labor market flexibility.
Abuse, Contract, Employment Relationship, Gig Economy, Legal Protection.
Unilever's Strategy in the Global Political Economy Dynamics of 2023-2025: Multinational Corporations' Adaptation to State Policies and Interests
This study examines Unilever’s strategic responses to global political economy dynamics during the 2023-2025 period by positioning multinational corporations as non-state actors that interact directly with state policies and national interests. The research adopts a qualitative descriptive-analytical approach, drawing on secondary data sources including official corporate reports, state policy documents, and scholarly literature on international political economy. The findings indicate that geopolitical fragmentation, the strengthening of national policy frameworks, and the politicization of energy, food security, and labor issues have collectively shaped the strategic environment influencing Unilever’s decision-making processes. In response, the company has implemented supply chain diversification, reinforced local production capacities, ensured compliance with national regulations, and strategically managed its relationships with government institutions. The study further reveals that Unilever does not merely adapt to state policies but also contributes to shaping global governance practices and international standards. These findings underscore the necessity of employing a political economy approach to analyze multinational corporate strategies in order to comprehensively understand power relations, national interests, and evolving global dynamics.
Corporate Strategy, Global Political Economy, International Political Economy, Multinational Corporations, State Policy.
Legal Analysis of Environmental Law Enforcement Against Pollution of the Citarum River
This study analyzes the enforcement of environmental law in addressing pollution in the Citarum River by employing a normative legal research method with statutory and conceptual approaches. The analysis focuses on the regulatory framework, the implementation of law enforcement mechanisms, and the challenges affecting their effectiveness in practice. The Citarum River plays a strategic role in supporting social, economic, and ecological systems; however, it faces serious pressures from industrial pollution, domestic waste, and spatial planning issues. The national legal framework provides a basis for environmental protection through the regulation of water quality standards, environmental permitting regimes, and the imposition of administrative and criminal sanctions. The implementation of environmental law enforcement reflects ongoing efforts in monitoring and sanctioning polluters, particularly corporate actors, although overall legal compliance remains suboptimal. The effectiveness of enforcement is influenced by institutional constraints, technical challenges in evidentiary processes, inter-agency coordination issues, and social factors within affected communities. This study emphasizes the importance of strengthening institutional coordination, enhancing the capacity of law enforcement authorities, and integrating environmental restoration approaches. Consistent and equitable enforcement of environmental law is expected to contribute to improvements in environmental quality, ensure the long-term sustainability of the Citarum River, and support the protection of the public’s right to a healthy and sustainable environment in Indonesia.
Citarum River, Environmental law, Environmental protection, Law enforcement, River pollution.
McDonald's Indonesia's Glocalization Strategy as a Transnational Corporation (TNC) in Adapting Local Menus for the 2023-2025 Period
The glocalization strategy is a crucial factor for transnational corporations adapting to markets with strong cultural characteristics, such as Indonesia. The public's preference for spicy food, rice consumption, and the use of distinctive spices has prompted McDonald's to adapt its menu, including products like Ayam Spicy, Nasi Uduk McD, Sambal Korek, and various pies with local flavors. This article uses a qualitative, literature-based method to analyze data from scientific journals, previous research, media reports, and company documents. This approach helps illustrate how McDonald's integrates its global identity with local cultural elements to increase consumer acceptance. This research demonstrates that menu adaptations serve not solely as a commercial strategy but also as a form of business diplomacy that strengthens McDonald's social legitimacy as a transnational corporation and reduces cultural resistance to global products. Thus, this study confirms that glocalization is a crucial mechanism in global-local dynamics, particularly in the fast food industry, which relies heavily on sensitivity to public tastes.
Arbitration, Glocalization, Transnational, Local.
Mechanism for Determining the Conclusion of Examination and Reopening of Arbitration Proceedings in the Perspective of Arbitration Procedural Law in Indonesia
This article examines two essential mechanisms in the arbitration process: the determination of the closure of proceedings and the reopening of hearings. The closure of proceedings is a formal stage that signifies the completion of the evidentiary process and serves as the basis for the arbitral tribunal to begin deliberations and draft the final award. Meanwhile, the reopening of hearings is an extraordinary mechanism that may only be invoked under limited circumstances, such as the discovery of new evidence (novum), fraud, or significant procedural errors. This study employs a normative juridical method through an analysis of Law No. 30 of 1999, BANI Rules, and international arbitration instruments such as the ICC Rules. The findings indicate that these mechanisms must be carried out carefully in order to maintain a proper balance between efficiency, legal certainty, and substantive justice. The article underscores the importance of official documentation, procedural limitations, and the authority of arbitrators in managing both the closure of proceedings and reopening, ensuring that arbitration remains an effective dispute resolution forum.
Arbitral Tribunal, Arbitration, Legal Certainty, Proceedings, Reopening.
Banking Crimes in Indonesia: Legal Analysis of Types of Crimes and Criminal Liability
This study aims to examine banking crimes in Indonesia by focusing on the classification of types of banking offenses and the forms of criminal liability that may be imposed on perpetrators. The analysis is grounded in the recognition that the banking sector plays a strategic role in the national economy, such that any legal violation in this field has the potential to cause systemic losses and undermine public trust. The research employs a normative juridical method with a statutory approach, particularly referring to Law Number 7 of 1992 as amended by Law Number 10 of 1998 on Banking. The findings indicate that banking crimes encompass acts related to licensing, bank secrecy, supervision and regulation, as well as banking business activities, each of which is subject to strict criminal sanctions. Furthermore, criminal liability is not confined to individuals but may also be imposed on corporations and their management. This study underscores the importance of consistent enforcement of banking criminal law to ensure a sound, accountable, and equitable banking system.
Banking Crimes, Banking Law, Banking System, Criminal Liability, Criminal Offenses
Sharia Banking System in Indonesia: Theological Foundations, National Regulations, and Sharia Compliance Challenges
This study examines the Islamic banking system in Indonesia by focusing on the interrelationship between theological foundations, national regulation, and challenges of Sharia compliance in operational practice. The theological basis of Islamic banking is rooted in the principles of Islamic law that emphasize justice, public benefit (maslahah), and balance in the legal relationship between banks and customers. These principles have been accommodated within the national legal system through Islamic banking regulations and supervisory mechanisms implemented by state authorities and the Sharia Supervisory Board. This research employs a normative legal research method using statutory and conceptual approaches to analyze the conformity between Sharia norms and positive law. The findings indicate that national regulation has provided legal certainty and a relatively comprehensive supervisory framework; however, it continues to face challenges related to the consistency of Sharia compliance, risk management, and adaptation to financial technological innovation. Strengthening governance, internalizing Sharia values, and harmonizing regulatory frameworks are therefore essential to ensuring the sustainability of Islamic banking within the national financial system.
Islamic Banking, Legal System, National Regulation, Sharia Compliance, Theological Foundations.
Credit Restructuring from a Banking Law Perspective: Impact on Contractual Relationships between Banks and Customers
This study examines credit restructuring from the perspective of banking law, with particular attention to its impact on the contractual relationship between banks and customers. Credit restructuring is conceptualized as a legal mechanism designed to preserve the continuity of credit agreements when payment difficulties arise, while maintaining the rights and obligations of the parties involved. The research adopts a normative juridical approach through an analysis of statutory regulations, legal doctrines, and the practical implementation of credit restructuring within the Indonesian banking system. The findings demonstrate that credit restructuring represents the application of the principles of prudence, good faith, and the balance of interests embedded in banking contract law. Amendments to credit terms through restructuring generate legal implications for the contractual positions of both parties, yet remain within the framework of legal certainty when grounded in mutual consent and prevailing regulations. From a legal protection standpoint, credit restructuring affords safeguards to customers against excessive exposure to default risks while simultaneously securing the legitimate interests of banks as creditors. Accordingly, credit restructuring plays a strategic role in sustaining legal stability and fostering trust within the banking sector.
Bank Customer Relationship, Credit Agreement, Legal Implications, Resolution of Non Performing Loans, Restructuring.
Banking Dispute Resolution in Indonesia: Analysis of Internal Complaint Mechanisms, LAPSPI Mediation, and Litigation from a Consumer Protection Perspective
This study examines the effectiveness of dispute resolution mechanisms in Indonesia’s banking sector through three primary channels: internal complaint handling within banks, mediation facilitated by the Indonesian Alternative Dispute Resolution Institution for Banking (LAPSPI), and litigation. Using a normative juridical approach and qualitative analysis of legal frameworks, OJK regulations, academic literature, and relevant case studies, this research highlights the role of multi-layered dispute resolution in ensuring consumer protection, promoting access to justice, and maintaining financial system stability. The findings show that internal complaint mechanisms serve as a preventive legal tool, mediation offers a restorative and efficient alternative, while litigation remains the last resort due to its complexity, cost, and reputational risks. Challenges persist, particularly in public awareness, mediator capacity, and institutional readiness. This study underscores the need for stronger institutional cooperation, digitalization of dispute resolution systems, and enhanced compliance culture to achieve an effective, transparent, and equitable banking dispute resolution framework in Indonesia.
Banking, Customer Protection, LAPSPI, Litigation, Mediation.
Sharia Banking Products: Analysis of Fund Collection Agreements, Financing, and Murabahah Dispute Resolution in Banking Practices in Indonesia
This study examines Islamic banking products with a particular emphasis on the legal analysis of fund-raising contracts, murabahah financing, and dispute resolution mechanisms in Indonesian banking practice. A normative juridical approach is employed to assess the coherence between Sharia principles, positive law provisions, and the contractual implementation adopted by Islamic banks. The findings indicate that fund-raising contracts based on wadiah and mudharabah carry significant legal implications for customer protection and the certainty of contractual relationships. Murabahah financing, as the dominant product, continues to face juridical challenges, notably in relation to the fulfillment of sale-and-purchase elements, margin transparency, and the allocation of risk between banks and customers. Murabahah disputes are commonly triggered by default and imbalanced contractual clauses, necessitating dispute resolution mechanisms that are fair, effective, and consistent with Sharia principles. Resolution through non-litigation processes, Sharia arbitration, and litigation underscores the pivotal role of contract quality as the foundation of legal protection. This study affirms that strengthening the legal aspects of contracts and harmonizing regulations are essential prerequisites for the sustainability of Islamic banking. The findings are expected to contribute conceptually to the development of Islamic banking law and to the sustained enhancement of public trust within a framework of legal justice at the national level.
Akad, Dispute Resolution, Islamic Banking, Islamic Economic Law, Murabahah
Indonesia's Cooperation with the North Atlantic Treaty Organization in Global Army Trade 2019-2024
Indonesia is the most powerful country in Southeast Asia and the 13th in the world, according to research from Global Firepower and the Stockholm International Peace Research Institute (SIPRI). However, Indonesia requires cooperation with other countries in military diplomacy on the international stage, while upholding the principle of an independent and active foreign policy. Therefore, Indonesia can collaborate with the North Atlantic Treaty Organization in global arms sales, including joint exercises. This research method uses qualitative research, which utilizes conditional observations on natural objects and data collection as explanatory information. The study results indicate that Indonesia can collaborate with North Atlantic Treaty Organization member states in defense development, such as the physical construction of the Minimum Essential Force (MEF) and Indonesia's role in joint exercises, with the caveat that Indonesia does not have an official relationship with NATO as a non-member country.
Indonesia, North Atlantic Treaty Organization, Global Army Trade.
Analysis of Records Management as an Effort to Improve Administrative Services at the Wirokerten Village Office
Archive management is a crucial aspect in supporting the quality of administrative services at the village level, including at the Wirokerten Village Office. This study uses a qualitative method with a descriptive approach that emphasizes field observation, documentation studies, and analysis of physical and digital archive data. The results of the observation show that the implementation of systematic and integrated management of physical and digital archives can accelerate the process of administrative document services, improve the accuracy of data verification, and support the accountability and transparency of public services. The findings also indicate that the main obstacles still lie in old archives that have not been digitized and limited archival infrastructure, thus requiring further optimization. This study confirms that effective archive management is a strategic instrument for improving the responsiveness, efficiency, and professionalism of village administrative services. The practical implications include the development of a digital archive retrieval system and increased human resource capacity in archive management.
Archive Management, Administrative Services, Archive Digitization, Effectiveness, Accountability.
The Urgency of Legal Reform in Addressing Crimes Involving Artificial Intelligence Technology
The rapid development of digital technology based on artificial intelligence has given rise to new forms of crime characterized by complexity, adaptability, and a high degree of sophistication that challenge conventional criminal justice systems. This phenomenon has resulted in legal gaps and legal uncertainty, as existing regulations were not designed to comprehensively address the dynamic nature of technology-based crimes. The background of this study is rooted in the increasing challenges faced in law enforcement, the limitations of existing criminal law constructions, and the inadequate legal protection afforded to society and victims of digital crimes. This research employs a normative juridical method with a qualitative approach, utilizing library research through an examination of statutory regulations, legal doctrines, and relevant scholarly works. The findings indicate that the Indonesian criminal law system continues to face substantive, structural, and legal-cultural limitations in responding to crimes involving artificial intelligence technology. This study underscores the urgency of legal reform through the formulation of new legal norms that are adaptive and responsive, in order to address legal vacuums, strengthen legal certainty, and ensure legal protection and justice amid the increasingly rapid pace of technological development.
Artificial intelligence technology, Criminal law, Digital crime, Legal certainty, Legal reform.
Banking Supervision and Oversight: Reconstruction of the Authority of Bank Indonesia and the Financial Services Authority in the National Financial Legal System
This study comprehensively examines the legal aspects of separating the functions of banking supervision and development in Indonesia within the context of national financial institutional reform. The research focuses on the role of Bank Indonesia as the supervisory and developmental authority and the urgency of establishing an independent institution, namely the Financial Services Authority (OJK). The idea of separation emerged from the evaluation of Bank Indonesia’s performance in overseeing the banking sector following the 1998 economic crisis, where weak supervision contributed to financial instability. This research employs a juridical-sociological approach with a descriptive-analytical nature. The juridical approach analyzes legal norms contained in Law No. 23 of 1999 in conjunction with Law No. 3 of 2004 on Bank Indonesia and Law No. 10 of 1998 on Banking, while the sociological approach assesses their implementation effectiveness. The findings reveal that Bank Indonesia holds four key supervisory powers: licensing, regulation, control, and sanctioning. However, its dual role as a monetary authority and banking supervisor creates potential conflicts of interest and reduces supervision efficiency. Therefore, the separation of supervisory and developmental functions is a necessary institutional and legal reform to strengthen governance, enhance accountability, and ensure the stability of Indonesia’s financial system.
Banking supervision, Development, Bank Indonesia.
The Role of the Surabaya Transportation Agency in Effective and Efficient Management of On-Street Public Parking
The rapid development of digital technology has significantly transformed Islamic microfinance, particularly through the adoption of artificial intelligence in micro digital financial services. Artificial intelligence offers strong potential to enhance efficiency, transparency, and financial inclusion for underserved communities, especially within Islamic microfinance institutions such as Baitul Maal wat Tamwil. However, the integration of artificial intelligence also raises legal and ethical challenges related to accountability, data protection, Sharia compliance, and consumer protection. This study examines legal protection and regulatory frameworks governing the use of artificial intelligence in Islamic micro digital finance from the perspective of Islamic ethics and national law. Employing a normative juridical approach supported by literature analysis, the study emphasizes the need to align technological innovation with Sharia principles, ethical values, and positive legal norms. The findings show that artificial intelligence can promote transparency and financial inclusion when supported by clear legal regulation, effective Sharia supervision, and ethical governance. Overall, synergy between law, technology, and Islamic ethics is crucial to ensure sustainable, fair, and inclusive Islamic microfinance development.
Artificial Intelligence, Islamic Microfinance, Legal Protection, Financial Inclusion, Sharia Ethics.
Political and Ideological Rivalry between the Ottoman Dynasty and the Safavid Dynasty
This research explores the political and ideological contestation between the Ottoman and Safavid empires during the 16th and 17th centuries, a period marked as one of the most influential rivalries in the history of the Islamic world. The study’s significance lies in its ability to reveal how theological distinctions between Sunni and Shia doctrines evolved into a struggle for political legitimacy and geopolitical supremacy across the Middle East. Employing the historical research method combined with a descriptive-analytical approach, this study follows the stages of heuristics, source evaluation, interpretation, and historiography to reconstruct objectively the political interactions of both powers based on primary historical evidence. The result demonstrate that events from the battle of chaldiran 1514 to the Treaty of Zuhab 1639 not only represented an ideological confrontation but also reflected strategic maneuvers to preserve power equilibrium. Ultimately, the Ottoman-Safavid confrontation delineated a political and religious boundary that continued to shape the region into the modern era, while the post-Zuhab reconciliation exemplified how diplomacy and rational negotiation could ease tensions between rival Islamic states.
History, Political Rivalry, Ideology, Ottoman Dynasty, Safavid Dynasty.
Legal Protection and Regulation of Artificial Intelligence Utilization Based on Islamic Ethics in Promoting Transparency and Inclusion in Digital Microfinance
Public Policy and Legal Politics in Government Administration
This article examines the relationship between public policy and legal politics in the context of government administration, focusing on their role in shaping governance quality and administrative effectiveness. Public policy is understood as a political and legal instrument that reflects state choices in regulating power, public interests, and institutional authority. Legal politics provides normative direction that determines how policies are formulated, implemented, and enforced within administrative practices. The study highlights that government administration functions not merely as a technical executor of policy but as a strategic arena where law, politics, and bureaucratic capacity interact. Through an analytical discussion, the article demonstrates that inconsistencies between legal frameworks and administrative implementation often lead to inefficiencies, reduced public trust, and weakened policy outcomes. Contemporary challenges such as decentralization, digital governance, environmental sustainability, and social justice demand innovative policy approaches supported by coherent legal orientation. The findings emphasize that effective government administration requires adaptive legal politics, strong institutional coordination, and a commitment to democratic values. Ultimately, the sustainability of public governance depends on the state’s ability to integrate public policy objectives with a responsive and accountable administrative system.
public policy, legal politics, government administration, governance, administrative law.
The Application of Artificial Intelligence in Customer Protection in Insurance Company Services: A Review of Legal and Accountability Issues
The integration of artificial intelligence into insurance services has reshaped the operational structure of the insurance industry through automated risk assessment, premium calculation, and claims processing. These technological advancements enhance efficiency and decision accuracy but simultaneously raise legal challenges related to personal data protection and accountability toward policyholders. This study analyzes the application of artificial intelligence in insurance services from a normative legal perspective, focusing on data protection and legal responsibility. By employing statutory and conceptual approaches, the research examines regulations governing personal data protection, insurance supervision, and digital financial services, alongside legal doctrines on liability and consumer protection. The analysis reveals that the use of artificial intelligence increases the vulnerability of policyholders when data security, transparency, and regulatory oversight are insufficient. Legal responsibility remains centered on insurance companies as system controllers, despite the autonomous nature of algorithmic decision-making. Strengthening regulatory harmonization, supervisory mechanisms, and legal awareness is essential to ensure effective protection of policyholders’ rights and sustainable development of insurance services in the digital era.
artificial intelligence, insurance law, personal data protection, legal responsibility, policyholder rights.
Critical Analysis of the Application of Environmental Legal Responsibility in Combating Natural Resource Exploitation
The massive exploitation of natural resources in Indonesia poses serious problems for environmental sustainability, thereby requiring the strengthening of environmental legal responsibility as an instrument of ecological control and protection. This study aims to analyze the legal framework, implementation, and effectiveness of environmental legal responsibility in the management and control of natural resource exploitation. The research method used is normative legal research with a legislative, conceptual, and analytical approach, supported by secondary data in the form of legislation, legal doctrine, and research results and official reports from state institutions. The results and discussion show that although environmental law principles such as state responsibility, the polluter pays principle, and sustainable development have been accommodated in various regulations, their implementation still faces obstacles in the form of weak law enforcement, sectoral policy fragmentation, and low compliance among business actors. These conditions have led to increased environmental degradation and conflicts over the use of natural resources. The conclusion of the study emphasizes that strengthening environmental legal responsibility requires regulatory harmonization, consistent law enforcement..
Environmental Legal Responsibility, Natural Resources, Environmental Exploitation, Law Enforcement, Sustainable Development.
Analysis of Government Social Assistance Programs in Improving Community Welfare in Tanjungpinang City
Social assistance programs are strategic public policy instruments in efforts to improve community welfare, especially for poor and vulnerable groups in urban areas such as Tanjungpinang City. This study aims to analyze the role and effectiveness of government social assistance programs in improving community welfare and to identify challenges in their implementation. The research uses a literature study method with a descriptive qualitative approach, with secondary data sources obtained from scientific journals, books, official government reports, social assistance policies, and publications from the Central Statistics Agency. The results and discussion show that social assistance programs such as PKH, BPNT, and BLT contribute positively to meeting basic needs, social protection, and economic recovery of beneficiary households. The effectiveness of the program still faces obstacles in the form of inaccurate targeting, limited validity of beneficiary data, and suboptimal integration of assistance with sustainable economic empowerment programs. The study concludes that improving community welfare through social assistance requires strengthening data collection systems, institutional coordination, transparency in implementation, and policy orientation that is not only protective in the short term but also promotes community independence and long-term welfare.
Social Assistance, Community Welfare, Public Policy, Poverty, Tanjungpinang City
The Use of Artificial Intelligence and Violations of Bank Secrecy: A Case Study of Customer Data Leaks at Bank Syariah Indonesia (BSI) in Light of Article 40 of Law Number 10 of 1998 on Banking
The rapid digital transformation in the banking sector has significantly changed the management and processing of customer data, particularly within Islamic banking institutions. The use of intelligent computing systems enhances efficiency, transaction speed, and service accuracy, yet it also increases vulnerability to data breaches and violations of bank secrecy. This study examines the leakage of customer data at Bank Syariah Indonesia as a case study, focusing on its legal implications under Article 40 of Law Number 10 of 1998 concerning Banking. Using normative legal research methods, this study analyzes statutory regulations, legal doctrines, and relevant scholarly works to assess the bank’s responsibility for safeguarding customer confidentiality. The findings indicate that data leakage constitutes a violation of bank secrecy obligations and exposes the bank to administrative, civil, and potential criminal liability. Furthermore, inadequate data protection mechanisms weaken customer trust and undermine legal certainty. Strengthening governance frameworks, enhancing digital security systems, and ensuring strict law enforcement are essential to protect customers’ rights and maintain the credibility of Islamic banking in the digital era.
bank secrecy, customer data protection, Islamic banking, digital banking, legal liability.
Legal Analysis of Administrative Court Decision Number 171/G/2024/Ptun.Jkt. Regarding the Lawsuit for Cancellation of Transfer of Ownership Certificate Registration
This study examines the judicial considerations and legal implications of Decision Number 171/G/2024/PTUN.JKT, which concerns a lawsuit seeking the cancellation of the registration of a transfer of freehold title. The analysis highlights how administrative actions in land registration remain a critical aspect of Indonesia’s land governance system, particularly because such actions directly affect legal certainty and the protection of private rights. The research emphasizes that the administrative process of recording land transfer is not merely procedural but constitutes an authoritative decision that can be judicially reviewed when alleged to violate statutory provisions. Through doctrinal analysis, the study evaluates the court’s reasoning regarding the legality, accuracy, and administrative propriety of the official’s actions in light of agrarian regulations and general principles of good governance. The findings suggest that judicial oversight plays an essential role in ensuring that land administration officials exercise their authority responsibly and within the bounds of the law. This decision ultimately reinforces the importance of accountability, precision, and transparency in maintaining an orderly and trustworthy land registration system.
Administrative Law, Land Registration, Judicial Review, PTUN Decision, Property Rights.
Between Idealism and Pragmatism: The Tension of People's Sovereignty and Political Party Control in Indonesia's Representative Democracy
This study examines the persistent tension between the ideal of people’s sovereignty and the pragmatic dominance of political party control within Indonesia’s representative democracy. Rooted in the constitutional mandate that sovereignty resides in the people, the analysis investigates how institutional mechanisms, such as parliamentary thresholds, candidate selection systems, and party discipline, mediate or constrain that sovereignty. Employing a qualitative normative-analytical method supported by empirical data from the General Elections Commission (KPU), Kompas Research and Development, and the Indonesia National Survey Project (INSP), the study critically assesses how legal structures and political behavior interact to shape democratic legitimacy. The findings reveal that electoral thresholds, while justified as stabilizing instruments, have systematically excluded millions of votes from legislative representation, as evidenced by the 17.3 million “wasted votes” recorded in the 2024 election. Simultaneously, persistent low public trust in political parties, averaging between 44% and 55% from 2017 to 2023, demonstrates a widening distance between citizens and party institutions. The discussion highlights that these patterns perpetuate a pragmatic logic of governance that prioritizes stability, patronage, and coalition survival over inclusivity and accountability. Although reform efforts, such as judicial scrutiny of threshold policies and calls for internal party democratization, indicate ongoing attempts to realign practice with constitutional ideals, their impact remains limited by entrenched elite interests. Ultimately, the study argues that Indonesia’s democratic consolidation depends on recalibrating the institutional balance between representation and control, ensuring that sovereignty is not merely procedural but substantively exercised by the people..
Local Strongmen, Capital Conversion, and the Rise of Political Dynasties in Post-Decentralization Indonesia: The Case of Aras Tammauni in Central Mamuju
This study examines how local strongmen in post-decentralization Indonesia convert economic, social, and symbolic capital into enduring political dominance, using Aras Tammauni in Central Mamuju as a case study. Drawing on qualitative fieldwork including interviews, observations, and document analysis the research explores the mechanisms of capital conversion that underpin the consolidation of local power and the reproduction of political dynasties. Findings reveal that Tammauni’s authority derives from the strategic transformation of economic resources into patronage networks, reinforced by kinship ties, customary legitimacy, and symbolic recognition. These interrelated forms of capital enable the institutionalization of dynastic rule through control of party structures, bureaucratic appointments, and public resource distribution. The study also situates Central Mamuju within the national trend of rising dynastic candidacies, showing that nearly one-fifth of candidates in Indonesia’s 2024 local elections are dynasty-affiliated. The analysis concludes that decentralization, rather than democratizing local politics, has facilitated elite entrenchment and capital-based domination, necessitating stronger regulatory and civic mechanisms to restore accountability and inclusiveness in regional governance.
Reviewing Legal Mechanisms and Agrarian Reform in Dealing with Land Mafia in Indonesia: The Case of Nirina Zubir
This study reexamines the legal mechanisms and agrarian reform framework in addressing land mafia practices in Indonesia, focusing on the Nirina Zubir case. The research adopts a normative juridical approach using statutory, conceptual, and case analyses to assess the alignment between legal norms and practical implementation. Findings reveal that although Indonesia’s legal framework—anchored in the Basic Agrarian Law and ministerial regulations—is well established, enforcement remains hindered by overlapping institutional authority, weak bureaucratic integrity, and a fragmented land administration system. Agrarian reform has not yet operated as an effective preventive instrument, as it remains focused on redistribution rather than structural legal reform. The study recommends full digitalization of the land registry, public audits of agrarian institutions, enhanced bureaucratic integrity, and a stronger synergy among criminal, civil, and administrative laws. The integration of agrarian reform and legal mechanisms is essential to dismantle systemic loopholes exploited by land mafias and to reinforce social justice and legal certainty in Indonesia’s land governance.
Harmonization of Tax Policy and Social Justice Principles in Improving National Welfare
This study examines the harmonization of tax policy with the principle of social justice as a foundation for achieving national welfare in Indonesia. Using a normative juridical approach, the analysis focuses on legal norms contained in tax legislation, the implementation of redistributive mechanisms, and their alignment with the constitutional mandate of social justice. The study also incorporates empirical indicators such as the Gini Ratio and expenditure distribution of the bottom 40 percent to evaluate the real impact of taxation on economic equality. Findings show that although Indonesia’s tax framework embodies progressive principles, the outcomes remain limited due to weak institutional capacity, low tax literacy, and unequal enforcement. The national Gini Ratio only decreased slightly from 0.379 in 2024 to 0.375 in 2025, indicating a modest redistribution effect. These results highlight the need for comprehensive reform through simplification of tax regulations, strengthening of fiscal transparency, and increased public participation. A harmonized, equitable, and accountable tax system is essential to sustain inclusive and just economic growth
Political Jurisprudence in Action: How Political Power Shapes Legal Outcomes in Southeast Asia
This study examines the phenomenon of political jurisprudence in Southeast Asia, emphasizing the persistent intersection between judicial institutions and political power. Using qualitative content analysis of regional reports, particularly the UNDP’s Judicial Integrity and Independence in Southeast Asia (2023–2024), the research identifies patterns of external pressure, limited transparency, and constrained judicial ethics across six ASEAN countries. Findings reveal that political influence remains prevalent in judicial appointments, decision-making, and resource allocation, reflecting structural dependence on the executive branch. Informal mechanisms such as patronage networks, selective sanctions, and budgetary control further weaken judicial autonomy and discourage resistance to political authority. These dynamics foster a culture of strategic conformity, where judicial decisions often align with dominant political interests rather than constitutional or human rights principles. Consequently, public trust in judicial integrity erodes, undermining both democratic accountability and access to justice. The study concludes that enhancing judicial independence in Southeast Asia requires not only institutional reform but also cultural transformation within the judiciary promoting ethical resilience, transparency, and professional integrity to resist political co-optation and strengthen the rule of law.