Abstract

DPR RI has the authority to cover three functions, namely the budget function, supervisory function and legislative function. Legal products or laws are drafted through a formation process with meaningful participation by the public, as stipulated in Law Number 12 of 2011 as amended by Law Number 13 of 2022 on the Formation of Legislation (PPP Law). In drafting the Criminal Code Law, the House of Representatives certainly adheres to the PPP Law as a guideline. Through this research, it attempts to analyze the drafting process and the formation of Law No. 1 of 2023 on the Criminal Code with reference to the PPP Law. This research uses normative research method with statute approach and conceptual approach. The scope of this research is to examine meaningful public participation in the preparation or formation of Law No. 1 of 2023 on the Criminal Code. The findings of this study, although a series of processes have been carried out in the preparation of Law Number 1 Year 2023 on the Criminal Code, there are still debates in the community that cannot escape criticism as a form of public participation.

Abstract

The Board of Directors of State-Owned Enterprises (BUMN) is an organ that has the duty and authority to carry out management and representation in and outside the court. In carrying out its management, the Board of Directors of State-Owned Enterprises has the principle of Business Judgment Rule in making business decisions that have an impact on the company in the future. Business Judgment Rule is a principle that protects the authority of directors in making business decisions. Directors are given flexibility and receive legal protection so that their decisions cannot be challenged even if this can cause state financial losses, but the doctrine often clashes with the characteristics of business that cannot be predicted and determined with certainty due to various influencing factors. This paper aims to analyze the application of the Business Judgment Rule principle known as the immunity doctrine to the business decisions of the Board of Directors of State-Owned Enterprises. Based on a literature review, this research concludes that the Business Judgment Rule has been implicitly regulated in Article 97 paragraph (5) of Law Number 40 of 2007 and Article 9F of Law Number 25 of 2025, but it is necessary to harmonize laws and regulations to understand the business judgment rule.

Abstract

This study analyzes the complex relationship between consumer culture and corrupt practices, using legal perspectives from the perspectives of cultural studies and law. Consumer culture, driven by an excessive desire for material possessions and social status, creates psychological and social pressures that can trigger corrupt acts. Culturally, consumerism encourages a shift in values from collective ethics to materialistic individualism, where success is often measured by wealth. As a result, people easily slip into corrupt lifestyles such as committing fraud, accepting gratuities/bribes, and so on. This legal research aims to provide a deeper understanding of the roots of corruption, which are not only structural but also cultural. This study finds that the phenomenon of consumption has become a culture, from the birth of consumer culture to the contradictions within consumer culture. It also discusses the relationship between consumer culture and corrupt lifestyles

Abstract

The criminal act of mixing subsidized LPG gas constitutes a misuse of subsidized energy distribution, which negatively impacts both society and the state’s finances. This study aims to juridically examine the elements of the criminal offense in the case of subsidized LPG mixing based on the Decision of the Karawang District Court Number 352/Pid.Sus-LH/2024/PN Kwg, as well as to assess the extent to which the decision reflects the principles of justice, legal certainty, and legal utility. The method used is normative legal research with statutory, conceptual, and case approaches. The results of the study indicate that the elements of the criminal offense in the case have been fulfilled, and the judges imposed criminal sanctions on the defendants. The decision is considered to have fulfilled the principles of legal certainty and justice; however, it has not been optimal in providing legal utility, as the relatively light punishment may reduce the deterrent effect and open up the possibility for similar offenses to occur in the future. Therefore, stricter law enforcement is necessary to prevent the recurrence of such cases.

Abstract

The cosmetics industry in Indonesia, especially skincare products, is experiencing rapid growth along with technological advances. Manufacturers are expanding their marketing through sales partnerships such as the reseller system. However, intense competition raises issues related to unethical marketing practices, such as overclaiming. One of the viral cases of Daviena Skincare brand skincare products, Retinol booster skincare products are claimed to contain 2% Actosome Retinol but laboratory test results show only 0.03%. Another product, HB Dosting 7×, claims to contain Niacinamide, but laboratory test results did not detect the content or 0%. This overclaim caused losses to Daviena skincare resellers because they experienced a significant decline in sales, this is contrary to Law No. 8 of 1999 concerning Consumer Protection. This study aims to analyze legal protection for resellers and producer responsibility in overclaim cases. The research method used is normative juridical with statutory and conceptual approaches. The results showed that legal protection for resellers is in the form of product recalls and renewal of skincare product formulas by manufacturers. In addition, the manufacturer provides compensation in the form of a refund to reseller partners who have returned overclaimed products to the Daviena Skincare central warehouse.

Abstract

In the rapid development of technology, one of the developments is in the form of e-commerce or online shopping which can be national or international cross border, in e-commerce the consumer buyers do not intervene or can physically see the goods sold to them until the arrival of the goods in the hands of the buyer. The imbalance, which favors business actors over consumers, underscores the need for legal frameworks that guarantee effective consumer protection. This study uses normative legal research methods, with statutory approach and conceptual approach this compares state regulations due to the relation with international and seeking the effective law for the problem. This analysis employs the theory of legal protection as formulated by Philipus M. Hadjon to examine the relevant legal issues.  In Indonesia, such as the Shopee application, the law used as an umbrella to guarantee consumer rights is the Consumer Protection Law, but when e-commerce is cross-border or international, it causes a legal vacuum, Taobao being one of the international e-commerce applications in China taken as an example. When a dispute occurs because consumers need protection rights if there is no law, there is no guarantee. So this research aims to analyze the existence of the law whether it can guarantee consumer rights or there is still no law that can guarantee consumer rights against things like losses so that an urgency is needed to overcome the legal vacuum.

Abstract

The Building Approval (Persetujuan Bangunan Gedung or PBG) is a form of government-issued authorization required for any individual or legal entity intending to undertake construction, expansion, modification, or demolition of a building. The Building Approval (PBG) came into effect following the government’s replacement of the Building Construction Permit (IMB) system through Law Number 11 of 2020 on Job Creation and Government Regulation Number 16 of 2021. This study aims to examine the legal framework governing PBG and its implementation in residential development by PT Kriya Nuswantara Gemilang in Karawang Regency. The research employs a juridical-empirical approach, which combines the analysis of applicable legal norms with field data obtained through interviews. The findings indicate that, despite the comprehensive nature of the existing legal provisions on PBG, various challenges persist in practice. One such issue is the delay in permit issuance due to technical problems in the SIMBG (Online Building Approval System), coupled with insufficient dissemination of information by local government authorities. The case of PT KNG constructing a model house without formal authorization in early 2023 illustrates the suboptimal enforcement of the regulations. This study provides a concrete depiction of field-level problems and underscores the necessity of system improvements and enhanced inter-agency coordination to ensure a more orderly permit process that supports a secure investment climate.

Abstract

The characteristic of post-traditional (post-feudal) law is that the law must be in accordance with human rights. In his writing "The Jewish Question" Karl Marx gave a deep critique of the human rights ideology. The core of Marx's critique is that the human rights ideology views humans not as humans, but as members of bourgeois society. Marxists usually assume that what works behind humans' backs and directs them are economic forces and their political implications. Even in Das Kapital, Marx uses the concept of "disabled humans". Pancasila was formulated several years before the United Nations General Assembly (UN) issued the Universal Declaration of Human Rights (UDHR) in 1948. However, the content of the state's foundations first put forward by Soekarno in 1945 was very visionary and preceded world concerns about the protection of Human Rights as stated in the UDHR. This fact confirms that although Pancasila was born from the local thoughts of the Indonesian people, the views contained therein are very modern. Pancasila as a whole contains universally recognized principles of state administration such as respect for human dignity or humanity, freedom, equality, and social justice. The meaning of these Principles will be clear by looking at Soekarno's thoughts when he first conveyed his ideas in front of the Investigating Committee for Preparatory Work for Independence (BPUPK) on June 1, 1945. This article, in addition to trying to analyze humanity in the tradition of Marxism, Pancasila and UDHR, also tries to show the harmony of the three in terms of humanity and shows the concept of "human nature" which was originally not used for thousands of years by many rulers and since UDHR has begun to be taken into account in regulations and laws related to what everyone claims as "human nature" is still needed in law enforcement in Indonesia based on the approach/analysis of economic law.

Abstract

The background of this research is that it started from the lack of income and the unemployment rate in Indonesia was getting higher during the covid-19 pandemic. So a concept emerged, namely remote working or remote work. This concept has been applied in various companies in Indonesia. The purpose of this study is to determine the validity of electronic agreements between companies and remote working workers and to find out the arrangement of clauses in remote working agreements so that they remain legally valid. The research method used is normative juridical. The research approach used is the legislative-legislative approach and the conceptual approach. This research uses primary legal materials, namely laws related to research topics and secondary legal materials, namely legal journals, legal articles, and other supporting literature related to remote working.

Abstract

Abstract

This study aims to determine the process of inheritance of land rights after the Constitutional Court Decision Number 69/PUU-XIII/2015 because it accommodates the development of the needs of the times. This study concludes that after the Constitutional Court Decision, one of the contents of which opens up opportunities for husbands and wives to make marriage agreements after being married, from the original marriage agreement that could only be made before the marriage took place. The marriage agreement that binds the husband and wife has a direct impact on the recording of the names of heirs who are entitled to inherit land rights. For heirs of class one ab investato who were originally married couples and descendants who were entitled to inherit, then with the existence of a marriage agreement, the surviving married couple is not recorded in the Certificate of Heir. The Certificate of Heir is the basis for recording the process of transferring inheritance rights at the local Land Office.

Abstract

This study examines the legal implications of the execution process for the lifting of conservatory seizure (conservatoir beslag) on land and buildings, based on the Ruling of the Head of the District Court No. 3 Pen.Eks/2024/PN Mad jo No. 3/Pdt.Eks/2023/PN Mad jo 4/Pdt.G/2023. The purpose of this research is to analyze the legal procedures and their impact on the ownership status of seized objects. This normative legal research adopts a qualitative approach, using document analysis and interviews conducted at the District Court and the Land Office of Madiun City. The results show that the lifting of conservatory seizure is not automatic and must be actively requested by the concerned party through a regulated procedure. The execution process was carried out in accordance with civil procedural law without significant obstacles. After the seizure is lifted, the land and building ownership certificates are restored to the original owner. This study emphasizes the importance of legal certainty and the protection of civil rights in the process of lifting conservatory seizure through court execution.

Abstract

This study aims to analyze and compare criminal law regulations pertaining to online fraud utilizing Artificial Intelligence (AI) in Indonesia and the United States. The research focuses on the legal vacuum in Indonesia regarding the handling of AI technology-based fraud crimes, such as deepfakes and voice impersonation. To address this issue, the theoretical frameworks of Progressive Law by Satjipto Rahardjo and Gustav Radbruch's concept of the Ideal of Law (Rechtsidee) are employed. Data was collected through library research involving legal literature, legislative documents, and actual case studies, and analyzed qualitatively. The findings indicate that the United States has established adaptive regulations addressing AI-based cybercrime, whereas Indonesia still relies on general provisions within the Indonesian Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), which lack specific provisions for AI-facilitated crimes. This study concludes that Indonesia requires progressive and integrative legal reform to effectively respond to technological challenges and ensure justice, legal certainty, and legal utility for society in the digital era.

Abstract

This study was conducted to analyze the differences in the area of objects listed on the certificate and the area of objects listed on the Agrarian and Spatial Planning map. Based on the reality that occurs in the process of issuing land certificates or buying and selling land where sometimes the area of objects listed on the certificate does not match that listed on the Agrarian and Spatial Planning map. The purpose of this study was to analyze, discuss and understand the certificate of proof of rights in order to obtain legal certainty. In this study, a normative juridical method was used, namely a method based on primary legal materials such as laws, theories, concepts, and legal principles. And using an empirical normative method that focuses on data, real evidence, and measurable facts on the disputed object to be observed.

Abstract

Sertipikat tanah  yang telah lama dikenal oleh masyarakat sebagai tanda bukti hak atas tanah adalah berupa dokumen yang terbuat dari kertas, terdiri dari buku tanah dan surat ukur yang memuat data fisik dan data yuridis atas tanah yang diakui secara luas sebagai  bukti yang sah yang membuktikan kepemilikan orang (pribadi perserorangan atau badan hukum) atas tanah serta diterima sebagai alat bukti dalam persidangan di pelbagai pengadilan di Indonesia. Seiring dengan perkembangan teknologi di bidang komunikasi dan informasi praktek pembuktian di pengadilan tidak lagi bertumpu pada alat bukti surat akan tetapi telah mempertimbangkan secara serius penerimaan atas alat bukti elektronik seperti Sertipikat tanah elektronik (Sertipikat-el) sebagai alat bukti yang sah, termasuk guna membuktikan  kepemilikan atas tanah telah berkembang dalam bentuk sertipikat elektronik yang sedang berkembangan untuk diterima sebagai alat bukti yang sah di pengadilan.

Abstract

This study examines trademark crimes as a form of crime against Intellectual Property Rights (IPR) in the Indonesian legal system. As brands increase their role in global and national trade, violations such as counterfeiting and unauthorized use of trademarks have become serious threats not only to brand owners, but also to consumers and the stability of healthy business competition. The main focus of this analysis is on the application of the principle of lex specialis derogat legi generalis, where Law Number 20 of 2016 concerning Trademarks and Geographical Indications (MIG Law) applies as a special law that overrides general criminal provisions in the Criminal Code (KUHP). This study uses a normative legal research method with a literature study approach to analyze how the MIG Law constructs a legal concept that expressly classifies trademark violations as crimes against IPR. The analysis shows that the MIG Law not only provides more severe and specific sanctions than the Criminal Code, but also reflects a shift in the legal paradigm that views IPR as a vital economic asset requiring strong and separate criminal protection. This regulation is a manifestation of the law's function as a means of social control and social engineering to foster a culture of respect for creativity and innovation in society. Ultimately, it is concluded that the criminalization of trademark infringement in the MIG Law is a strategic legal policy step to provide legal certainty, justice, and economic benefits for all stakeholders.