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.
Procedures for Oversight by the Regional Supervisory Board Regarding Administrative Violations Under the Notary Public Act in Serang Regency
Supervision of notarial practices constitutes a crucial instrument in ensuring legal certainty and maintaining administrative order in the notarial office, as regulated under Law Number 2 of 2014 concerning Notary Position. However, notarial practices in Serang Regency still exhibit administrative violations, including breaches of territorial jurisdiction and non-compliance with administrative obligations, thereby creating a gap between normative provisions and practical implementation. This study aims to analyze the supervisory procedures carried out by the Regional Supervisory Council (Majelis Pengawas Daerah/MPD) of Serang Regency toward notaries committing administrative violations, as well as to identify the constraints encountered in its implementation. This research employs an empirical juridical approach with a descriptive qualitative method, utilizing primary data obtained through interviews and observations, and secondary data derived from statutory regulations and legal literature. The findings indicate that supervision is conducted through the examination of notarial protocols, summons and investigation processes, administrative guidance, and the provision of tiered administrative sanction recommendations. Nevertheless, its implementation has not been optimal due to various administrative, institutional, and resource-related constraints. Therefore, strengthening supervisory functions, enhancing institutional support, and improving notaries’ professionalism and legal awareness are essential.
Administrative Violations, Notary, Regional Supervisory Council, Supervision, Supervisory Procedures.
Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
The Effectiveness of the Administrative Authority of the Regional Cultural Preservation Office VIII in Managing the Banten Girang Site
This study examines the effectiveness of the Regional Cultural Preservation Office Region VIII in managing the Banten Girang Site as an effort to preserve cultural heritage within the framework of legal protection and administrative governance. This research applies an empirical juridical method with a qualitative descriptive approach through interviews, and document analysis. The findings indicate that the management of the Banten Girang Site has been implemented through preventive preservation measures, periodic technical assessments, supervision by site custodians, and limited public outreach activities. However, the implementation has not yet reached optimal effectiveness due to several constraints, including unclear administrative authority, limited budget support, inadequate infrastructure, and suboptimal inter-institutional coordination. The study further identifies that sustainable preservation requires legal certainty, institutional harmonization, stronger fiscal support, community participation, and revitalization of supporting facilities. The findings affirm that effective cultural heritage preservation depends on the integration of legal substance, institutional capacity, administrative consistency, and public awareness. Strengthening collaborative governance is therefore essential to ensure the long-term sustainability of the Banten Girang Site as a historical and educational asset.
Cultural Heritage Preservation, Legal Effectiveness, Institutional Governance, Banten Girang Site, Legal Protection.
A Review of Labor Law Literature on the Protection of the Fundamental Rights of Outsourced Workers Following the Enactment of the Job Creation Law
This study examines the transformation of legal protection for outsourcing workers following the enactment of Law Number 6 of 2023 concerning Job Creation through a normative doctrinal approach combined with a Systematic Literature Review method. The analysis focuses on the shifting structure of labor protection regarding employment security, socio economic rights, and access to industrial justice within the Indonesian outsourcing regime. Primary legal materials consist of labor legislation, government regulations, and Constitutional Court decisions, while secondary materials include scholarly journals, legal doctrines, and comparative legal studies selected through the PRISMA protocol. The findings indicate that the Job Creation regulatory framework has accelerated the transition from protective labour law toward labour market flexibility, resulting in weakened employment certainty, fragmented welfare protection, and increasingly limited access to effective legal remedies for outsourcing workers. The study further reveals that the ambiguity of legal responsibility between outsourcing vendors and user companies has intensified structural inequality within industrial relations. Consequently, reconstruction of labor law is required to restore constitutional justice, legal certainty, and substantive protection for outsourcing workers.
Outsourcing Workers, Labor Protection, Job Creation Law, Industrial Relations, Legal Justice.
A Legal Analysis of Copyright Infringement Through the Practice of Unauthorized Content Reuploading on Social Media in Indonesia
This study aims to conduct a legal analysis of the practice of unauthorized content reuploading as a form of copyright infringement on social media in Indonesia, as well as to evaluate the effectiveness of its enforcement in the digital context. The method used is normative legal research employing a legislative, conceptual, and comparative approach to international legal instruments. The results of the study indicate that the practice of reuploading constitutes a copyright infringement because it involves acts of reproduction, distribution, and public communication without the creator’s consent, thereby directly violating the economic rights and moral rights guaranteed under Law No. 28 of 2014 on Copyright. Furthermore, the open, fast, and cross-border nature of digital media amplifies the intensity and impact of such infringements compared to conventional forms. Law enforcement against this practice still faces significant challenges, including low public legal awareness, limited capacity of law enforcement agencies, and the suboptimal role of digital platforms in prevention. This study underscores the importance of strengthening adaptive regulations, enhancing the effectiveness of law enforcement, and integrating the role of digital platforms to create a copyright protection system that is more responsive to technological developments.
Copyright, Reupload, Digital Content, Social Media, Law Enforcement.
The Importance of Intellectual Property Protection in the Digital Age: Legal Strategies for Protecting Business Ideas
This study aims to analyze the urgency of intellectual property rights protection in the context of the digital economy and to formulate effective legal strategies for protecting business ideas. The background of this study stems from the increasing vulnerability of business ideas to imitation and infringement due to advances in digital technology, which have accelerated the distribution and reproduction of intellectual works. The method used is non-empirical legal research employing a normative, doctrinal, and conceptual approach through an analysis of relevant legislation, legal doctrines, and academic literature. The research findings indicate that although Indonesia’s legal system possesses a comprehensive regulatory framework, there remain normative gaps and inconsistencies in accommodating the protection of business ideas in the digital era. The analysis also highlights the need for an integrative legal strategy through a combination of intellectual property registration, trade secret protection, strengthening of business contracts, and the utilization of digital technology. The study’s conclusion emphasizes that effective protection requires a multidimensional approach that is adaptive to technological developments and supported by responsive legal policies.
Intellectual Property Rights, Digital Age, Legal Protection, Business Ideas, Legal Strategy.
Class Action Lawsuits from the Perspective of Positive Law in Indonesia
This study aims to analyze the normative framework, consistency of application, and direction for strengthening class action lawsuit regulations from the perspective of positive law in Indonesia. The background of this study stems from the discrepancy between the growing need for collective dispute resolution and the limitations of procedural law regulations, which remain fragmented and lack integration. The method employed is normative legal research using a legislative, conceptual, and case-based approach, through an analysis of various regulations such as PERMA No. 1 of 2002, the Consumer Protection Act, and the Environmental Protection and Management Act, which were examined qualitatively using systematic and teleological interpretation. The research findings indicate that, normatively, class action regulations are in place; however, their implementation remains inconsistent due to unclear legal parameters and divergent judicial interpretations. Additionally, regulatory fragmentation was identified, which impacts the low effectiveness of collective legal protection. This study contributes recommendations for normative reconstruction through more comprehensive codification, strengthening of procedural mechanisms, and integration across legal regimes to enhance legal certainty and the effectiveness of law enforcement in the resolution of collective disputes.
Class Action, Positive Law, Consumer Protection, Civil Procedure Law, Collective Justice.
An Analysis of Marriage Annulment from the Perspective of Law No. 1 of 1974
The issue of marriage annulment in Indonesian law reveals a tension between formal legal norms and dynamic judicial practices, particularly in the application of Law No. 1 of 1974 and its amendments. This study aims to analyze the normative construction, judicial implementation, and legal implications of marriage annulment within the Indonesian legal system. The method employed is normative legal research using legislative, conceptual, and case-based approaches, through analysis of laws, implementing regulations, and relevant court decisions. The results of the study indicate that the annulment of marriage functions as a corrective mechanism against legal defects from the outset; however, in practice, there are variations in judicial interpretation influenced by teleological approaches and sociological considerations. The discussion confirms that while there is consistency in certain cases such as identity fraud, unauthorized polygamy, and violations of age limits, inconsistencies still arise due to the absence of uniform interpretive guidelines. The legal implications of annulment encompass the status of children, joint property, and civil registration, thus requiring the strengthening of regulations and legal harmonization to ensure legal certainty and justice.
Civil Registration, Marriage Annulment, Legal Protection, Court Rulings, Marriage Law.
Supervision by the Transportation Agency of the Roadworthiness of Road Transport Vehicles in Tangerang Regency Based on Tangerang Regency Local Regulation No. 4 of 2018 on Transportation Management
This study examines the issue of the effectiveness of the Transportation Agency’s oversight of the roadworthiness of road transport vehicles in Tangerang Regency based on Tangerang Regency Regional Regulation No. 4 of 2018, which in practice still reveals a gap between legal norms and implementation. The study employs an empirical method with a socio-legal approach through data collection via interviews, observations, and documentary analysis, and is qualitatively analyzed using legal interpretive techniques. The findings indicate that supervision remains suboptimal due to institutional capacity constraints, low compliance among business operators, as well as weak enforcement of sanctions and inter-agency coordination. Normatively, regulations have comprehensively established vehicle fitness standards; however, their implementation has not fully met the objectives of safety and legal protection. The socio-legal approach reveals that legal culture and the quality of public services also influence the effectiveness of supervision. This study contributes to the development of an integrative analysis between legal norms and empirical practices in transportation governance.
Road Transport, Vehicle Fitness, Supervision, Local Regulations, Socio-Legal.
Registration of a Fiduciary Security Interest as a Requirement for Valid Enforcement: An Analysis of Indonesian Positive Law
The ambiguity in the legal construction regarding the status of fiduciary registration as a prerequisite for the validity of execution within Indonesia’s positive legal system has become increasingly complex following decisions of the Mahkamah Konstitusi, which restrict parate execution and emphasize the necessity of procedural justice. The inconsistency between Law Number 42 of 1999 and its practical implementation particularly executions conducted without registration or lawful mechanisms has generated legal uncertainty and potential violations of the rights of debtors and third parties. This study employs a normative legal method with statutory, conceptual, and case approaches through an analysis of legislation, legal doctrines, and relevant judicial decisions. Legal materials are collected through library research and analyzed using systematic, grammatical, and teleological interpretation. The findings reveal that fiduciary registration is constitutive in nature, serving as the basis for the creation of proprietary rights and the legitimacy of execution. The validity of execution cannot rely solely on the existence of a fiduciary certificate but must also comply with procedural requirements as interpreted by the Constitutional Court.
Execution, Fiduciary, Legal System, Registration, Security.
The Impact of Human Rights Specifically the Right to Procreate and Form a Family on the Imposition of Chemical Castration as a Punishment for Sex Offenders
This study critically examines the intersection between chemical castration as a criminal sanction and the protection of human rights, particularly the right to form a family and to procreate, within the Indonesian legal system. Employing a normative-doctrinal legal research method, the analysis integrates statutory, conceptual, and limited comparative approaches to assess the coherence of Law Number 17 of 2016 with national and international human rights standards. The findings reveal that chemical castration raises substantial normative tensions, particularly in relation to bodily integrity, reproductive rights, and non-derogable rights protected under constitutional and international frameworks. Furthermore, the policy demonstrates limited effectiveness when evaluated through deterrence theory, as it fails to satisfy the elements of certainty, severity, and celerity, while lacking empirical support as a reliable crime prevention mechanism. Comparative analysis indicates that more balanced approaches—combining voluntary measures, psychological rehabilitation, and medical oversight—offer greater legal and practical legitimacy. The study concludes that the current framework requires comprehensive reform through implementing regulations, integrative rehabilitation models, and rights-based safeguards to ensure proportionality, legal certainty, and alignment with contemporary criminal justice principles.
Human Rights, Chemical Castration, Deterrence Theory, Criminal Law Policy, Child Protection.
Between State Sovereignty and Investor Certainty: A Critical Analysis of International Arbitration in Foreign Investment Disputes
This study examines the normative tension between state sovereignty and investor legal certainty within the framework of international investment arbitration. Employing a doctrinal legal approach, the research analyzes statutory regulations, international legal instruments, and arbitral jurisprudence to assess how legal norms structure the relationship between regulatory authority and investment protection. The findings indicate that arbitration does not eliminate state sovereignty but reconfigures it through legality, proportionality, and good faith standards. Legal certainty for investors is contingent upon compliance with domestic law, while states retain authority to regulate in pursuit of public interests. The study further demonstrates that inconsistencies in regulatory design and institutional capacity intensify disputes and undermine normative balance. Accordingly, a coherent legal framework integrating national legislation, contractual design, and international commitments is required to ensure equilibrium. The research contributes to doctrinal development by proposing a prescriptive model that aligns sovereignty with investor protection in a dynamic legal order while emphasizing the necessity of interpretative coherence, judicial consistency, and regulatory clarity in contemporary investment governance systems globally today.
International Arbitration, State Sovereignty, Foreign Investment, Legal Certainty, Investment Law.
To What Extent Is The Governance of Local Public Service Innovation In Indonesia?
This study critically examines the extent to which the governance of local public service innovation in Indonesia operates within and beyond its formal legal and institutional frameworks. Employing an empirical legal research design grounded in qualitative analysis, the study draws on multiple case studies, including innovations implemented in Bantul Regency, Kubu Raya Regency, and Batam City, supported by in depth interviews, document analysis, and field observations. The findings reveal that while Indonesia has established a comprehensive regulatory architecture through Law Number 25 of 2009, Law Number 23 of 2014, Law Number 30 of 2014, Government Regulation Number 38 of 2017, and Ministerial Regulation Number 30 of 2014, the practical governance of innovation remains uneven and fragmented. Normative compliance does not consistently translate into effective implementation, participatory inclusiveness, or sustainable institutionalisation. The study demonstrates that governance outcomes are shaped by the interaction between regulatory structures, administrative capacity, digital transformation, and accountability mechanisms. It argues that strengthening legal integration, institutional coherence, and performance based accountability is essential for ensuring that local public service innovation contributes meaningfully to governance effectiveness and public value creation.
Public Service Innovation, Local Governance, Legal Accountability, Institutional Sustainability, Indonesia.
Women’s Political Rights in Indonesia’s Electoral System
This study examines the legal construction of women’s political rights within Indonesia’s electoral system through a normative-doctrinal approach grounded in statutory interpretation, legal principles, and doctrinal analysis. The research focuses on the coherence between constitutional guarantees, particularly under the 1945 Constitution, and the regulatory framework governing elections, including Law Number 7 of 2017 and Law Number 7 of 1984 as a ratification instrument of CEDAW. By employing grammatical, systematic, and teleological interpretation, the study identifies normative tensions between formal equality and substantive representation in the implementation of affirmative action policies. The findings reveal that despite the existence of a 30 percent quota requirement in candidate nomination, structural and regulatory inconsistencies continue to limit the effective realization of women’s political participation. Comparative insights drawn from international data further demonstrate that Indonesia’s position reflects partial compliance with global standards of gender representation. This study contributes to legal scholarship by proposing a reconstruction of electoral norms that strengthens enforceability, harmonizes regulatory provisions, and advances substantive gender equality within democratic governance.
Women's Rights, Women's Political Rights, General Elections, Open Proportional System.
Legal Certainty for Policyholders in Cases of Insurance Company Default: A Normative Analysis
The phenomenon of insurance company defaults indicates the existence of legal uncertainty that directly impacts the weak protection afforded to policyholders as the aggrieved party in the contractual relationship. This situation reflects a gap between applicable legal norms and their implementation in practice, particularly regarding supervision, transparency, and dispute resolution mechanisms in the financial services sector. This study aims to analyze legal certainty for policyholders in cases of insurance company defaults through a normative legal approach. The methods used include legislative and conceptual approaches, utilizing primary, secondary, and tertiary legal sources analyzed qualitatively. The research results indicate that although the regulatory framework has established protections for policyholders, its effectiveness remains limited due to weak supervision, an imbalance in the positions of the parties involved, and the suboptimal roles of the policy guarantee institution and dispute resolution mechanisms. The discussion underscores the importance of strengthening a legal protection system that is both preventive and repressive to ensure legal certainty and enhance public confidence in the insurance industry.
Default, Legal Certainty, Policyholders, Legal Protection, Insurance Companies.
The Transition to a Digital Tax System: A Legal Review of Tax Broker Practices in Coretax
The transition toward a digital tax administration system in Indonesia through the implementation of Coretax represents a strategic reform aimed at enhancing administrative efficiency, transparency, and taxpayer compliance within a self assessment framework. However, the emergence of intermediary practices commonly referred to as tax jockey services reflects structural and normative deficiencies in regulating third party access and digital accountability. This study employs a normative doctrinal legal method using statute and conceptual approaches to examine the legal construction governing digital taxation and its implications for unauthorized delegation practices. The analysis identifies regulatory gaps within Law Number 7 of 2021 and Law Number 28 of 2007, particularly concerning the absence of explicit limitations on informal representation, as well as insufficient integration with personal data protection principles under Law Number 27 of 2022. Furthermore, the findings reveal that weak authentication mechanisms and limited digital literacy contribute to systemic vulnerabilities that enable misuse of sensitive taxpayer data. This study proposes a normative reconstruction emphasizing stricter legal boundaries on third party involvement, strengthened digital authentication protocols, and integrative regulatory harmonization to ensure legal certainty, data protection, and sustainable taxpayer compliance.
Coretax, Tax Compliance, Digital Taxation, Data Protection, Legal Reconstruction.
The Effectiveness of Mediators in Industrial Relations: Reconstructing the Preventive Role in Avoiding the Escalation of Labor Disputes
This study examines the effectiveness of mediators in preventing the escalation of labor disputes within the framework of Indonesian industrial relations law. Employing a normative legal research method with statutory and conceptual approaches, the analysis focuses on the regulatory structure governing mediation, particularly Law Number 2 of 2004, Law Number 13 of 2003 as amended by Law Number 11 of 2020, and their implementing regulations. The findings reveal that mediation is formally recognized as a dispute resolution mechanism, yet its function remains predominantly reactive and oriented toward post-conflict settlement. From a conceptual perspective, legal effectiveness should also encompass the capacity of norms to prevent disputes from escalating through early intervention and structured dialogue. The study identifies normative gaps in the regulation of mediators, particularly regarding preventive roles, institutional integration, and competency development. The research argues for a normative reconstruction that strengthens the strategic role of mediators, incorporates restorative approaches, and supports digital mediation mechanisms. Such transformation is essential to ensure sustainable conflict prevention and to promote balanced industrial relations between workers and employers.
Mediator, Industrial Relations, Labor Disputes, Legal Effectiveness, Mediation.
Analysis of Cryptocurrency in Islamic Commercial Law: Divergent Views Among Scholars on the Legal Status and Validity of Transactions
The development of cryptocurrency as a digital financial instrument has raised legal issues in Islamic commercial law regarding the legal status and validity of transactions. This study aims to analyze the status of cryptocurrency from an Islamic legal perspective and to examine the divergent views of Indonesian scholars regarding the legitimacy of its use. The method employed is normative legal research using a conceptual and comparative approach through the review of fiqh literature, fatwas, and regulations. The results indicate that the Indonesian Ulema Council (MUI) and Muhammadiyah tend to deem cryptocurrency haram because it involves elements of gharar and maysir, and fails to meet the criteria for a valid means of exchange and a legitimate medium of exchange. Conversely, Nahdlatul Ulama views it as a virtual asset that can be legally exchanged as long as it does not cause harm and is subject to regulatory oversight. The analysis also indicates that price volatility, transaction anonymity, and the dominance of speculation reinforce signs of uncertainty in the contract. The study’s conclusion affirms that the validity of cryptocurrency transactions is conditional and depends on transparency, risk mitigation, and harmonization between Sharia principles and state regulations within the modern digital economic system.
Cryptocurrency, Fiqh Muamalah, Gharar, Maysir, Contract.
Local Regulations and the Enforcement of Legal Measures to Control Illegal Vessels in Support of Tourism Investment in Labuan Bajo
This study analyzes the role of local regulations in enforcing the legality of controls on illegal vessels to support tourism investment in Labuan Bajo as a national super-priority destination. The legal issues examined focus on the lack of harmonization between central and local regulations, weak law enforcement against unlicensed vessels, and the implications for legal certainty and the investment climate. The research method employed is a normative legal approach using legislative, conceptual, and comparative methodologies, through an analysis of Law No. 17 of 2008 on Shipping, Government Regulations, Presidential Regulations, Ministerial Regulations, and relevant court decisions. The research findings indicate that Regional Regulations serve a strategic function as an instrument for harmonizing standards and strengthening oversight of tourist vessel activities. Effective law enforcement against illegal vessels has been shown to contribute to improved maritime safety, tourist protection, and legal certainty for investors. Challenges such as overlapping jurisdictions and weak inter-agency coordination still persist. The theoretical implications of this study underscore the importance of integrating maritime and tourism laws within a sustainable development framework. Therefore, an adaptive, legality-based, and integrated reformulation of local policies is necessary to enhance the appeal of tourism investment in Labuan Bajo.
Investment, Illegal Vessels, Tourism, Law Enforcement, Local Regulations.
Analisis Hukum terhadap Masalah Pembuktian dan Kesaksian dalam Sengketa Perdata di Pengadilan
This study aims to conduct a legal analysis of issues related to evidence and testimony in civil disputes in court, with a focus on the interaction between legal norms and judicial practice. The method used is normative legal research employing a legislative, conceptual, and case-based approach, analyzed through systematic, grammatical, and teleological legal interpretation. The results of the study indicate that the system of evidence in Indonesian civil procedure law still relies on classical principles such as actori incumbit probatio, vrij bewijsstelsel, and unus testis nullus testis; however, its implementation faces challenges in the form of inconsistencies in the evaluation of evidence, limitations on the probative value of witness testimony, and the suboptimal recognition of electronic evidence. Advances in information technology have also spurred the emergence of new forms of evidence that have not yet been fully and systematically accommodated within civil procedure law. This study proposes a normative reconstruction through the strengthening of regulations, the integration of electronic evidence, and the enhancement of the judge’s role in evaluating evidence objectively and rationally. The contribution of this research lies in the development of a more adaptive conceptual framework for evidence that responds to the dynamics of modern law, thereby enhancing legal certainty and justice in the resolution of civil disputes.
Evidence, Testimony, Civil Disputes, Civil Procedure Law, Electronic Evidence.
Pertanggungjawaban Hukum Fintech Syariah: Kajian Gagal Bayar pada Skema Peer-to-Peer Lending
This study examines the legal liability of Sharia fintech providers in peer-to-peer lending schemes, focusing on default risks within the framework of Indonesian financial regulations and Islamic legal principles. Using a normative juridical approach, the research analyzes statutory provisions, doctrinal theories, and Sharia principles governing financial transactions. The findings reveal that fintech providers cannot be positioned merely as passive intermediaries, as regulatory frameworks such as POJK No. 10/POJK.05/2022 and the Consumer Protection Law impose professional obligations related to risk management, transparency, and accountability. The persistence of standard clauses transferring all risks to lenders demonstrates a structural imbalance that contradicts both positive law and Sharia principles, particularly those emphasizing justice, trust, and proportional risk sharing. Default is therefore not solely a business risk but may generate legal consequences when negligence is identified. This study proposes a reconstruction of liability through the integration of kafalah and takaful mechanisms alongside a risk-based liability approach, offering a more balanced and ethically grounded model of protection for lenders in Sharia fintech ecosystems.
Sharia Fintech, Legal Liability, Peer-To-Peer Lending, Default Risk, Risk Sharing.
Legal Analysis of a Debtor’s Breach of Contract in a Secured Loan Agreement: A Study of Judgment No. 850/PDT.G/2020/PN MDN
ANALISIS YURIDIS TERHADAP WANPRESTASI DEBITUR DALAM PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA (Case Study: Putusan No. 850/PDT. This study examines the juridical dimensions of debtor default in credit agreements secured by fiduciary guarantees, with specific reference to Decision Number 850/Pdt.G/2020/PN Mdn. Employing a normative legal research method grounded in statute and case approaches, the analysis focuses on the interpretation of the Indonesian Civil Code and Law Number 42 of 1999 concerning Fiduciary Guarantees, complemented by doctrinal perspectives and relevant jurisprudence. The findings reveal that debtor default manifests not only in the failure to perform contractual obligations but also in the erosion of good faith, which constitutes a fundamental principle in contract law. The study further identifies that dispute resolution mechanisms reflect a structured legal process, yet their implementation remains contingent upon judicial interpretation. Importantly, the court’s refusal to grant fiduciary seizure demonstrates a progressive shift toward balancing creditor rights with debtor protection, particularly in light of constitutional jurisprudence. The analysis underscores the necessity of harmonizing legal certainty with substantive justice through interpretative methods that integrate statutory norms and judicial reasoning. This research contributes to the development of fiduciary law by proposing a more equitable framework for resolving credit disputes in Indonesia. G/2020/PN MDN)
Default, Credit Agreement, Fiduciary Guarantee, Good Faith, Legal Protection.
Issues Regarding Exceptions and Counterclaims in Civil Court Practice
This article examines the doctrinal and procedural challenges in the application of exception (eksepsi) and counterclaim (rekonvensi) within Indonesian civil justice practice, emphasizing their normative structure and judicial interpretation. Using a normative juridical method with statutory and conceptual approaches, the study analyzes primary legal instruments including HIR, RBg, Burgerlijk Wetboek, and Rv, supported by jurisprudence and academic doctrine. The findings indicate that ambiguities in classification, procedural requirements, and the relational nexus between principal claims and counterclaims generate inconsistent judicial outcomes and weaken legal certainty. In addition, the lack of harmonization between traditional procedural norms and contemporary developments, such as electronic court systems and procedural justice principles, contributes to inefficiency and fragmentation in dispute resolution. The study proposes a systematic normative reconstruction through interpretative integration and regulatory refinement to enhance coherence and predictability. Strengthening the clarity and alignment of these procedural mechanisms is essential to ensuring an effective, fair, and modern civil procedural system in Indonesia.
Exception, Legal Certainty, Civil Procedure, Interlocutory Decision, Counterclaim.
Perlindungan Hukum terhadap Konsumen dalam Transaksi E-Commerce akibat Wanprestasi Pelaku Usaha: Studi pada Platform Shopee dan Tokopedia
The development of e-commerce as the primary instrument of digital commerce has transformed the legal relationships between consumers, businesses, and platform operators, thereby introducing new complexities in consumer legal protection. This study aims to analyze the concept of breach of contract in electronic transactions and examine the legal liability of marketplaces for consumer losses. The research method employed is normative legal research using a legislative and conceptual approach, supported by primary and secondary legal sources. The findings indicate that breach of contract in e-commerce encompasses non-conforming goods, delivery delays, and failure to fulfill obligations, all of which have legal implications under the Civil Code and the Consumer Protection Act. As operators of electronic systems, marketplaces bear legal liability that extends beyond that of mere intermediaries; rather, it includes active obligations to ensure transaction security. Normative reconstruction is necessary through strengthened regulations, restrictions on standard clauses, and the integration of more progressive liability principles. This study contributes to the development of legal liability theory within the digital ecosystem and provides a foundation for updating consumer protection policies in Indonesia.
Consumer Protection, E-Commerce, Breach of Contract, Marketplace, Legal Liability
The Authority of the Regency Government in the SPBE: A Legal Review of Regional Regulation No. 6 of 2020
The need for transparent governance in Tangerang Regency has been growing in line with the times. The implementation of the Electronic-Based Government System (SPBE) offers various benefits, such as easy access to public services without spatial or temporal limitations through the official website and the Tangerang Gemilang app, as well as the creation of more dynamic interactions between the government and the public. This study employs an empirical legal method to analyze the application of legal provisions in practice. The theories utilized include the theory of authority, which emphasizes the legitimacy of government actions based on laws and regulations, as well as the theory of public service, which focuses on the quality of services provided to the public. The research findings indicate that the SPBE in Tangerang Regency has a strong regulatory foundation and structure. However, the effectiveness of its implementation still faces various obstacles, such as limited human resources, uneven technological infrastructure, budget constraints, weak coordination among local government agencies, and low digital literacy among the public. These obstacles have prevented the goal of improving the quality of public services from being fully achieved, meaning that strong legal authority does not necessarily guarantee the effectiveness of services.
Authority, Local Regulations, Public Service, SPBE, Tangerang Regency.
The Legal Status and Evidentiary Value of Electronic Documents as Written Evidence in Breach of Contract Cases
This study examines the juridical status and evidentiary strength of electronic documents as written evidence in breach of contract disputes within the Indonesian legal system through a normative legal research approach. The analysis employs statute and conceptual approaches to assess the coherence between conventional civil procedural law and contemporary electronic transaction regulations, particularly focusing on the Indonesian Civil Code, HIR/RBg, and the Law on Electronic Information and Transactions along with its implementing regulations. The findings indicate that electronic documents have obtained formal legal recognition as valid evidence; however, their evidentiary weight remains contingent upon authentication, integrity, and reliability standards embedded in electronic systems. The study further identifies normative inconsistencies and interpretative disparities in judicial practice, which create legal uncertainty in evaluating electronic evidence. By applying systematic and teleological interpretation, this research proposes a harmonized legal framework grounded in the principle of functional equivalence to bridge the gap between traditional and digital evidentiary regimes. The study contributes to the development of modern evidentiary law by offering a prescriptive model that integrates legal norms and technological validation mechanisms to ensure legal certainty, fairness, and procedural efficiency
Electronic Evidence, Breach Of Contract, Civil Procedure, Functional Equivalence, Legal Harmonization.
The Issue of Marketplace Liability in Electronic Transactions: Regulatory Discrepancies and Gaps in Digital Consumer Protection
This study examines the legal responsibility of marketplace platforms for consumer losses arising from electronic transactions within the framework of Indonesian positive law. Employing a normative juridical method with statutory and conceptual approaches, the analysis focuses on the coherence, adequacy, and adaptability of legal norms governing digital commerce, particularly under consumer protection, trade, and electronic transaction regimes. The findings reveal that existing regulations, including consumer protection law, electronic information and transaction law, and trade law, have not yet fully accommodated the complex, multi-party nature of marketplace ecosystems, resulting in normative gaps and fragmented liability structures. Furthermore, the current liability framework tends to emphasize fault-based principles, which are insufficient in addressing systemic risks and technological asymmetries inherent in digital platforms. This study proposes a reconstructed model of marketplace liability grounded in hybrid principles, integrating strict liability, shared responsibility, and risk-based regulatory mechanisms to ensure more effective consumer protection. The proposed model contributes to the development of a responsive and adaptive legal framework capable of addressing emerging challenges in digital transactions while strengthening legal certainty and fairness in marketplace governance.
Marketplace Liability, Consumer Protection, Electronic Transactions, Digital Law, Legal Reconstruction.
Issues in the Resolution of Copyright Disputes through Civil Proceedings: Normative Disharmony and Challenges of Proof Under Law No. 28 of 2014
This study examines the settlement of copyright disputes through civil law mechanisms under Law Number 28 of 2014 on Copyright, employing a normative juridical approach with statutory and doctrinal analysis. The research focuses on the coherence and synchronization of copyright norms with civil procedural frameworks, including the Civil Code, HIR, and RBg, in addressing disputes related to economic and moral rights. The findings reveal that Indonesia adopts a declarative system of copyright protection, granting automatic rights upon fixation, yet evidentiary challenges persist due to the absence of mandatory registration. Furthermore, the study identifies structural limitations in civil litigation, particularly in the assessment of damages, evidentiary standards, and enforcement of court decisions. Through interpretative legal methods, including grammatical, systematic, and teleological approaches, this research highlights the gap between normative expectations and practical implementation. The study concludes that strengthening institutional mechanisms, improving legal coherence, and adapting regulatory frameworks to digital contexts are essential to ensure effective dispute resolution and legal certainty in Indonesia’s copyright regime.
Copyright Law, Civil Dispute Resolution, Declarative Principle, Legal Certainty, Intellectual Property.
Analysis of the Kotabumi Religious Court Decision No. 767/Pdt.G/2024/Pa.Ktbm Regarding Child Custody Based on the Terms of a Partial Settlement Agreement in Relation to the Principle of the Best Interests of the Child
This study examines the legal reasoning and normative implications of the Religious Court Decision of Kotabumi Number 767/Pdt.G/2024/PA.Ktbm concerning child custody determined through a partial settlement agreement, analyzed in light of the principle of the best interest of the child. Employing a normative juridical method with statute and case approaches, this research analyzes relevant legal frameworks, including Indonesian Marriage Law, Child Protection Law, and Supreme Court Regulation on mediation, alongside doctrinal perspectives and judicial practices. The findings reveal that while the decision reflects formal compliance with mediation-based dispute resolution and acknowledges the principle of the best interest of the child, its substantive application remains limited by the absence of structured judicial reasoning and insufficient articulation of child-centered considerations. Furthermore, the enforceability of such decisions is constrained by normative gaps in post-judgment supervision and execution mechanisms. This study proposes a reconstruction of legal norms to strengthen judicial oversight and ensure that custody decisions effectively safeguard children's rights in both declarative and practical dimensions.
Child Custody, Best Interest Of The Child, Religious Court Decision, Mediation, Legal Enforcement.
The History of the Compilation of Islamic Law in Indonesia: A Historical and Legal Analysis of Its Codification and Integration into the National Legal System
This study examines the historical formation and juridical positioning of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) within the Indonesian national legal system through a normative qualitative approach. Employing historical and statutory analyses, the research reconstructs the socio-political context underpinning the codification of Islamic law and evaluates its legal legitimacy as a state-recognized instrument. The findings reveal that KHI emerged as a strategic response to the absence of uniformity in judicial decision-making within Religious Courts, which previously relied on diverse classical fiqh references. Its promulgation through Presidential Instruction No. 1 of 1991 signifies a distinctive model of legal integration, reflecting a hybridization of Islamic jurisprudence and national legal principles. The study further demonstrates that KHI functions not only as a practical legal guideline but also as an evolving normative framework shaped by legal pluralism, judicial interpretation, and socio-cultural dynamics. The research contributes to legal scholarship by offering a critical understanding of codification processes in pluralistic legal systems and highlighting the adaptive capacity of Islamic law within modern state structures.
Compilation of Islamic Law, Legal Codification, Legal Pluralism, Religious Courts, National Legal System.
Implementation of Microenterprise Empowerment Policies from a Legal Perspective: The Role of the Cooperative and SME Agency in the Karangantu Coastal Community
This study examines the role of the Department of Cooperatives, Micro, Small and Medium Enterprises, Industry and Trade of Serang City in implementing the empowerment and development of micro-enterprises in the coastal community of Karangantu based on Regional Regulation Number 3 of 2015. Employing an empirical juridical approach with a descriptive-analytical specification, this research analyzes the interaction between legal norms and their practical implementation through primary and secondary data. The findings reveal that although the regulatory framework, including Law Number 20 of 2008 and relevant local regulations, provides a comprehensive legal basis, its implementation remains suboptimal due to structural, administrative, and socio-economic constraints. Key challenges include weak institutional coordination, inadequate performance-based monitoring systems, limited access to financing and digital markets, and low community participation. These conditions indicate a significant gap between normative expectations and empirical realities. The study concludes that strengthening institutional capacity, improving participatory governance, and integrating adaptive policy mechanisms are essential to enhance the effectiveness and sustainability of micro-enterprise empowerment in coastal areas.
Micro-Enterprises, Policy Implementation, Legal Effectiveness, Coastal Community, Institutional Role.