JUSTISI
type: channel
description: Journal title JUSTISI Initials JS Frequency 3 issue per year | January- May - September DOI 10.33506 E-ISSN 2686-0821 P-ISSN 1979-7532 Editor-in-chief Wahab Aznul Hidaya Publisher Fakultas Hukum Universitas Muhammadiyah Sorong Citation Google Scholar | DOAJ | Sinta | Garuda JUSTISI Journal is a Law Journal published by the Faculty of Law, University of Muhammadiyah Sorong (UNAMIN) with (p-ISSN: 1979-7532, e-ISSN: 2686-0821). The purpose of the JUSTISI Journal is as a means to improve research for academics and legal practitioners in accordance with National Standards. JUSTISI is published three times a year, in January, May and September. JUSTISI focuses on the study of legal issues in Indonesia and internationally which include State Administration Law, Criminal Law, Civil Law, International Law, Procedural Law, Customary Law, Business Law, Legal Comparison, Environmental Law, Information Technology Law and Electronic Transactions, and Human Rights Law. Based on the Decree of the Director General of Higher Education, Research and Technology of the Ministry of Education, Culture, Research and Technology of the Republic of Indonesia Number 0041/E5.3/HM.01.00/2023 concerning Notification of Scientific Journal Accreditation Results for Period III of 2022, in 2023 JUSTISI Journal was ranked III (SINTA 3) National Journal Accreditation.
publisher: Fakultas Hukum Universitas Muhammadiyah Sorong
language: en-US
publication name: JUSTISI
issn: 1979-7532
items: Analysis of the Implementation of Legal Compliance Principles in Securities Trading of Multinational Companies in Indonesia
items: Legal Analysis of the Cancellation of the Execution of Collateral in Supreme Court Decision MA 920K/Pdt/2020
items: Review of the Doctrine of Dilution Based on the Perspective of Corrective Justice for Trademark Owners
items: Rawls’s Justice as Fairness and Indonesian Health Policy: A Doctrinal Framework for Equity-Oriented Reform
items: Reconstruction of Criminal Liability Against Digital Platforms in Cases of Human Trafficking in the Virtual World
items: The Investigation Process of Sexual Abuse Crimes Against Victims with Disabilities
items: Indigenous Perspectives at the Core: Addressing Legal Barriers to Sustainable Growth in Indonesia
items: Legality and Limits of Authority of Notaries Who Also Serve as Class II Auction Officials in the Settlement of Auction Disputes
items: Client Legal Protection in Psychological Services: An Analysis of Regulatory Frameworks, Ethical Norms, and Practical Challenges in Indonesia
items: A Multidimensional Legal Approach to Combat Land Mafia: Regulation, Digital Systems, and Agrarian Legal Education
items: The Role of Traditional Leaders in Rote Ndao in Case Resolution through Restorative Justice
items: Application of the Precautionary Principle in Hazardous Waste Transportation: Environmental Law Study on Licensing and Supervision Systems
items: Legal Vacuum in Indigenous Peoples' Legal Representation Regarding Communal Land Rights
items: Legal Challenges to Local Communities' Land Rights in the Capital City of Nusantara
items: The Exclusionary Data Conduct in Digital Mergers: An Indonesian Competition Law Perspective
items: The Authority of Judges in Applying Diversion to Children Facing Criminal Charges Carrying a Sentence of More Than Seven Years
items: Unhealthy Business Competition in Government Procurement of Goods/Services in Indonesia: An Analysis of the Friedman Legal System
items: The Use of Intellectual Property Rights as Collateral for Debt: Legal Regulations and Valuation Analysis
items: Illegal Online Lending in Indonesia: Mapping Criminal Liability and Strengthening Victim Protection
items: Restorative Justice in Cases of Child Sexual Abuse by Children: Between Child Protection and the Enforcement of Justice

Analysis of the Implementation of Legal Compliance Principles in Securities Trading of Multinational Companies in Indonesia
type: item
description: This study aims to analyze the application of legal compliance principles in securities trading by multinational companies operating in Indonesia, as well as to identify the challenges faced in complying with domestic regulations. This study uses a normative juridical approach, focusing on a literature review and analysis of Law Number 8 of 1995 concerning Capital Markets. The novelty of this research lies in its emphasis on the intersection between international business practices and the Indonesian legal framework, particularly in highlighting the legal risks faced by multinational companies when operating in a regulatory environment that differs from that of their home countries. This study also offers a perspective based on the theory of legal legitimacy, which emphasizes the importance of procedural justice in encouraging voluntary compliance. Findings show that multinational companies often struggle to meet timely and accurate information disclosure requirements, which can lead to heavy sanctions and reputational damage. Insider trading cases involving these companies illustrate the detrimental impact of noncompliance on investor confidence and market integrity. The concludes that improving transparency, implementing secure reporting systems, and applying procedural justice are essential to creating a legal environment that supports compliance and strengthens confidence in the Indonesian capital market.
creator: Awandayuri Wenny Kurniasari
creator: Andiani Putri Rahmawati
rights: Copyright (c) 2025 Awandayuri Wenny Kurniasari, Andiani Putri Rahmawati https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-31
publication date: 2025-10-31
volume: 12
number: 1
starting page: 1
ending page: 17
doi: 10.33506/js.v12i1.4604

Legal Analysis of the Cancellation of the Execution of Collateral in Supreme Court Decision MA 920K/Pdt/2020
type: item
description: This study aims to analyze the execution of judgments in Indonesian civil law, particularly in relation to security rights and the parate executie mechanism as regulated in Law No. 4 of 1996. The method used in this study is a normative legal approach with a literature review, analyzing relevant legislation, court decisions, and implementing regulations. The main focus of this study is to explore the challenges and distortions that occur in the implementation of parate executie, which is actually designed to provide convenience, legal certainty, and efficiency for creditors. The novelty of this study lies in its in-depth assessment of the conflict between the provisions of the UUHT and court decisions and Supreme Court Circular Letters that hinder the implementation of parate executie without court intervention. The results of this study show that although the UUHT gives creditors the authority to directly execute collateral, in reality, legal uncertainty, complicated bureaucracy, and decisions that contradict the spirit of the UUHT actually slow down the execution process and increase losses for creditors. Therefore, this study recommends improving implementing regulations and revising related regulations, including canceling or revising Supreme Court Circular Letter No. 7 of 2012, so that the objectives of the UUHT to provide fast, inexpensive, and efficient execution can be achieved. The conclusions of this study are expected to contribute to the development of Indonesian civil law, particularly in strengthening legal certainty in the execution of security rights.
creator: Farly Kanserano Jabiy
rights: Copyright (c) 2025 Farly Kanserano Jabiy https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-04
publication date: 2025-11-04
volume: 12
number: 1
starting page: 18
ending page: 34
doi: 10.33506/js.v12i1.3937

Review of the Doctrine of Dilution Based on the Perspective of Corrective Justice for Trademark Owners
type: item
description: The study aims to analyze whether the doctrine of trademark dilution has provided corrective justice or otherwise, so that the balance of rights for trademark owners can be fulfilled. The methods used in this study are normative or doctrinal legal research methods. The research approaches used are legislative, conceptual, case-based, and comparative approaches. The novelty of this research lies in the perspective of corrective justice in analyzing court decisions related to dilution actions. This research is expected to contribute to further research and policy recommendations for the government and judges to produce regulations and decisions that are fair to trademark owners. The results of the comparative law study show that anti-dilution regulations in the United States are comprehensively regulated, but there are shortcomings in the courts. Court decisions regarding well-known trademarks are considered detrimental and do not restore the rights that have been violated. In fact, the main purpose of dilution is to provide legal protection for well-known trademarks. Indonesia itself has not yet fully regulated anti-dilution regulations. The concluded findings of this comparative legal study serve as a lesson for Indonesia so that future regulations can take into account the balance of rights between well-known trademarks and other trademarks in order to avoid market monopoly.
creator: Sukma Hidayatun Nahdliyin
creator: Emmy Latifah
rights: Copyright (c) 2025 Sukma Nahdliyin, Emmy Latifah https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-09
publication date: 2025-11-09
volume: 12
number: 1
starting page: 35
ending page: 54
doi: 10.33506/js.v12i1.4774

Rawls’s Justice as Fairness and Indonesian Health Policy: A Doctrinal Framework for Equity-Oriented Reform
type: item
description: The study aims to analyze the application of John Rawls' Theory of Justice in Indonesia's health system policy, emphasizing how principles of justice can promote fairness and equality in the provision of health services, especially for disadvantaged populations. The method used was a judicial normative (doctrinal) approach. This study critically reviewed legal and philosophical texts relevant to the Indonesian health policy framework, integrating Rawls' theory as an analytical lens. The novelty of this research lies in the operationalization of Rawls' abstract philosophical principles into a structured evaluation framework (Rawlsian grid) and its application to the Indonesian socio-political and cultural context. This allows for a systematic assessment of inequalities in the health system and proposals for equitable policy solutions. The findings show that programs such as the National Health Insurance Scheme (JKN) have contributed to broader access to health care, but disparities remain in remote and underdeveloped areas. Using the Rawlsian grid, the study highlights challenges in budget allocation, health worker distribution, and infrastructure access. Recommended strategies include reallocating health budgets, fair distribution of health workers, expansion of telemedicine, and participatory planning. The concludes that integrating Rawlsian principles of justice through a structured evaluation framework can support a more inclusive and sustainable health system in Indonesia, ensuring fair and equal access to quality health services for all citizens.
creator: Tony Richard Alexander Samosir
creator: Mei Susanto
rights: Copyright (c) 2025 Tony Richard Alexander Samosir, Mei Susanto https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-14
publication date: 2025-11-14
volume: 12
number: 1
starting page: 55
ending page: 73
doi: 10.33506/js.v12i1.4556

Reconstruction of Criminal Liability Against Digital Platforms in Cases of Human Trafficking in the Virtual World
type: item
description: The study aims to critique the shortcomings in the TPPO Law and ITE Law, which do not yet regulate strict liability for digital platforms. Therefore, this study focuses on analyzing the importance of criminal liability reform and the integration of due diligence principles and progressive sanctions for digital platforms. The method used in this study is a normative juridical approach, focusing on the analysis of legal norms relevant to the issues of digital human trafficking and corporate responsibility. The novelty of this study provides further insight into the reform of the criminal liability system and the integration of the principles of due diligence and progressive sanctions for digital platforms. The results of the study show that the involvement of digital platforms in human trafficking has become a serious challenge in the digital age, where technology is used for online recruitment, coordination, and exploitation of victims. Although Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Trafficking in Persons (TPPO Law) regulates aspects of human trafficking, this regulation does not explicitly stipulate the responsibility of digital platforms, creating a legal loophole that is exploited by criminals. Therefore, in this case, The concluded findings of this study indicate that reform of the criminal liability system is necessary by integrating the principle of due diligence, which requires technology companies to take preventive measures such as user identity verification, artificial intelligence-based content monitoring, and reporting suspicious activities to the authorities. In addition, the application of progressive sanctions, such as fines proportional to company revenue or operational restrictions for negligent platforms, can increase corporate accountability.
creator: Mgs Royhan Arief
creator: Nurwijoyo Satriyo Aji Martono
creator: Ahmad Ma'mum Fikri
rights: Copyright (c) 2025 Mgs Royhan Arief, Nurwijoyo Satriyo Aji Martono, Ahmad Ma'mum Fikri https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-19
publication date: 2025-11-19
volume: 12
number: 1
starting page: 74
ending page: 88
doi: 10.33506/js.v12i1.4477

The Investigation Process of Sexual Abuse Crimes Against Victims with Disabilities
type: item
description: This study aims to analyze the investigation process of sexual abuse crimes against persons with disabilities at the Sorong City Police Station and identify the factors that cause children with disabilities to be vulnerable to becoming victims. The research method used an empirical juridical approach with qualitative methods. Data were collected through in-depth interviews with investigators from the Sorong City Police Station's PPA Unit, analysis of legal documents such as the Criminal Procedure Code, Law No. 8/2016 on Persons with Disabilities, and Law No. 12/2022 on Sexual Violence Crimes, as well as field observations and literature studies. The novelty of this research lies in the development of an integrative investigation model based on trauma-informed care, specifically designed for the context of Sorong City, taking into account the unique characteristics of Eastern Indonesia. Unlike previous studies, which tended to be partial and theoretical, this study presents a holistic approach that integrates various important dimensions into a single operational framework that is ready for implementation. The results of the study show that the investigation process faces obstacles in the form of difficulties in communicating with victims with disabilities, limited evidence, and a lack of supporting facilities. Effective solutions include adaptive communication approaches and multisectoral collaboration. Factors contributing to the vulnerability of victims include the exploitation of their powerlessness by perpetrators, the lack of inclusive sex education, social stigma, and the victims' dependence on perpetrators, who are often people close to them. These findings indicate the need for a specialized investigation approach and holistic prevention strategies. In conclusion, the investigation process for sexual abuse cases against persons with disabilities requires a specific approach that considers the needs of victims, including investigator training, adaptive commun…
creator: Yosua Yulio Hoke
creator: Hadi Tuasikal
rights: Copyright (c) 2025 Yosua Yulio Hoke, Hadi Tuasikal https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-04
publication date: 2025-12-04
volume: 12
number: 1
starting page: 89
ending page: 103
doi: 10.33506/js.v12i1.4073

Indigenous Perspectives at the Core: Addressing Legal Barriers to Sustainable Growth in Indonesia
type: item
description: This study aims to analyze the recognition and protection of Indigenous peoples' rights in Indonesia within the context of sustainable development. The method used in this study is a rigorous normative legal research method using a qualitative approach, focusing on the systematic interpretation of the 1945 Constitution of the Republic of Indonesia and key sectoral laws: Law No. 5/1960 on Basic Agrarian Law, Law No. 41/1999 on Forestry, Law No. 18/2004 on Plantation, and Law No. 6/2014 on Villages. The novelty of this study stems from its integrative approach, which merges normative legal analysis with socio-economic perspectives to explore the multifaceted relationship between Indigenous rights and sustainable development. The results indicate that while formal recognition exists, its implementation is fundamentally impaired by a normative vulnerability in the national legal system. The conclusions of this study state that recognizing and protecting Indigenous rights is crucial for achieving sustainable development goals and recommends the need for accelerated legal recognition, enhancement of the One Map Policy, and better legal protections (including legal aid and mediation platforms) for Indigenous communities.
creator: Riyan Al Fajri
rights: Copyright (c) 2025 Riyan Al Fajri https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-13
publication date: 2025-12-13
volume: 12
number: 1
starting page: 104
ending page: 120
doi: 10.33506/js.v12i1.4426

Legality and Limits of Authority of Notaries Who Also Serve as Class II Auction Officials in the Settlement of Auction Disputes
type: item
description: This study aims to examine the authority of notaries who also serve as Class II Auctioneers in the implementation of auctions in Indonesia, focusing on two main aspects, namely the auction implementation procedures based on Indonesian positive law and the role and responsibilities of notaries in handling disputes that arise during the auction process. The method used in this study are normative law with a legislative and conceptual approach sourced from legislation, legal literature, and expert opinions. The novelty of this research lies in its comprehensive analysis of the application of the dual authority of notaries in the context of auction implementation and the integration of the general principles of good governance (AUPB) as ethical and juridical principles in the auction process. The results of the study show that the implementation of auctions by Class II Auctioneers must follow strict procedures, including auction announcements, participant registration, explanation of auction objects, price bidding, and determination of winners, all of which must be documented in a transparent and accountable manner. Specific findings of the study reveal that the dual authority of notaries creates a unique complexity of responsibilities. In handling disputes, notaries/auction officials not only act as transaction executors but also as quasi-judicial decision-makers at certain stages. In this case, the application of AUPB plays an important role as a guideline in the use of discretion to remain in line with legal regulations, produce fair decisions, and encourage clean, professional, and trustworthy government administration. The conclusion of this study is that the integration of AUPB in every stage of the auction is a key strategy to mitigate potential disputes and conflicts of interest inherent in this dual authority. The implication is that separate ethical and procedural guidelines are needed for notaries who also serve as Auction Officials to ensure consistency and …
creator: Muhammad Ferri Ardiansyah
rights: Copyright (c) 2025 Muhammad Ferri Ardiansyah https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-20
publication date: 2025-12-20
volume: 12
number: 1
starting page: 121
ending page: 140
doi: 10.33506/js.v12i1.4965

Client Legal Protection in Psychological Services: An Analysis of Regulatory Frameworks, Ethical Norms, and Practical Challenges in Indonesia
type: item
description: This study aims to critically examine the legal protection system for clients of psychological services in Indonesia, particularly in relation to violations of informed consent, data confidentiality, and malpractice. The research method uses a normative juridical approach, focusing on the analysis of relevant legislation, professional codes of ethics, and jurisprudence. This approach is supported by a literature review and qualitative analysis to compare the normative ideal (das Sollen) with empirical reality (das Sein). A comparative approach is also applied to identify gaps, overlaps, and weaknesses in regulations. The novelty of this research lies in its integration of health law, psychological ethics, and digital service regulations within a single analytical framework. Unlike previous studies that discussed these aspects separately, this study offers a holistic and systematic model to harmonize lex specialis regulations, strengthen ethical and legal enforcement, and institutionalize victim-centered accountability mechanisms in psychological services. The results of the study show that there is a significant imbalance between the protection afforded to victims of physical harm in medical malpractice and victims of psychological harm in psychological malpractice. While victims of medical malpractice can access civil or criminal legal remedies and receive compensation, clients of psychological services often face limited options, with most cases being resolved through administrative sanctions without material compensation. The conclusions of this study indicate that Indonesia must strengthen legal protections for clients of psychological services by harmonizing regulations, standardizing informed consent procedures, improving legal literacy, consistently enforcing ethical and legal obligations, and ensuring accessible complaint and compensation mechanisms. These steps are essential to protect clients' rights, promote justice, and improve accountability in the ment…
creator: Ridwan Rahmawan
rights: Copyright (c) 2025 Ridwan Rahmawan https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-20
publication date: 2025-12-20
volume: 12
number: 1
starting page: 141
ending page: 154
doi: 10.33506/js.v12i1.4877

A Multidimensional Legal Approach to Combat Land Mafia: Regulation, Digital Systems, and Agrarian Legal Education
type: item
description: This study aims to examine strategies for eradicating land mafia practices through a normative legal approach supported by a digital land administration system and agrarian law education. The method used is a normative legal approach, based on an analysis of primary, secondary, and tertiary legal materials in Indonesia's national land law system. The novelty of this research lies in its multidimensional legal approach, which combines positive legal regulations, digital land governance, and legal education as interconnected pillars. These three elements are analyzed not as separate initiatives, but as complementary efforts in which legal frameworks such as the Basic Agrarian Law (UUPA) serve as the foundation, the digital land system increases transparency and reduces manipulation, and legal education strengthens public legal awareness to prevent land-related crimes. The results of the study show that although each component has its advantages, challenges remain, especially in the implementation of inconsistent legal regulations such as the UUPA. However, if coordinated effectively, these elements can reinforce each other in the national legal system. In conclusion the integrated application of these components can promote a fair, transparent, and socially just land governance structure.
creator: Ikhsan Lubis
creator: Duma Indah Sari Lubis
creator: Andi Hakim Lubis
rights: Copyright (c) 2025 Ikhsan Lubis, Duma Indah Sari Lubis, Andi Hakim Lubis https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-25
publication date: 2025-12-25
volume: 12
number: 1
starting page: 155
ending page: 172
doi: 10.33506/js.v12i1.4445

The Role of Traditional Leaders in Rote Ndao in Case Resolution through Restorative Justice
type: item
description: This study aims to analyze the role of traditional leaders in Rote Ndao in resolving cases based on restorative justice and to assess the effectiveness of traditional mechanisms in realizing restorative justice at the local level. The method used in this study is a normative juridical approach supported by factual data obtained through literature study, analysis of legislation, and review of literature related to customary dispute resolution practices in Indonesia. The novelty of this research lies in the integration model between Rote Ndao customary law and the principles of restorative justice in handling minor crimes. This model shows that customary mechanisms can serve as an alternative means of case resolution that is in line with substantive justice and local values. The results of the study show that customary leaders play a strategic role as mediators and facilitators of deliberations who are able to resolve cases peacefully without going through litigation. This mechanism not only resolves conflicts but also restores social relations, strengthens community solidarity, and preserves local wisdom values. Conclusion The role of traditional leaders in Rote Ndao is highly relevant to be strengthened as part of dispute resolution policies at the local level. This approach can be used as a model for other regions in integrating customary law and positive law to achieve substantive justice and social sustainability.
creator: Yenny Febrianty
creator: Roni Jayawinangun
creator: Jonathan Rey Cusa
creator: Rindiana Larasati
rights: Copyright (c) 2025 Yenny Febrianty, Asmak ul Hosnah, Farahdinny Siswajanthy, Roni Jayawinangun, Jonathan Rey Cusa https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-05
publication date: 2026-01-05
volume: 12
number: 1
starting page: 173
ending page: 187
doi: 10.33506/js.v12i1.4990

Application of the Precautionary Principle in Hazardous Waste Transportation: Environmental Law Study on Licensing and Supervision Systems
type: item
description: This study aims to analyze the application of the principle of prudence in the legal system for the transportation of hazardous and toxic materials (B3) in Indonesia through a case study of the sodium hydroxide (NaOH-48) leak by CV. Yasindo Multi Pratama in West Bandung Regency. The method used in this study is the doctrinal legal method with a normative juridical approach, accompanied by an empirical case study of violations of technical permits, vehicle feasibility, and driver certification in the B3 transportation process. The novelty of this research lies in the integration of analysis between the principle of prudence as an environmental law principle and the technical transportation licensing system, which has not been studied in depth in the context of cross-sectoral supervision. The results of the study show that the application of the precautionary principle is still not effective because of its formalistic nature, which has prevented its systemic implementation. Furthermore, weak coordination between agencies, low compliance with regulations by business actors, and the absence of adequate preemptive mechanisms in the form of education and socialization are also factors that hinder the effectiveness of this principle. This study concludes that the effective application of the principle of prudence in the transportation of hazardous materials requires a reformulation of policies that emphasizes the integration of preemptive, preventive, and repressive measures, while affirming the multiple responsibilities of the government as the holder of the public protection mandate and business actors as the main subjects of the principle of strict liability.
creator: Frisca Imanuel Suryadi
creator: Maret Priyanta
creator: Nadia Astriani
rights: Copyright (c) 2026 Frisca Imanuel Suryadi, Maret Priyanta, Nadia Astriani https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-06
publication date: 2026-01-06
volume: 12
number: 1
starting page: 188
ending page: 209
doi: 10.33506/js.v12i1.4987

Legal Vacuum in Indigenous Peoples' Legal Representation Regarding Communal Land Rights
type: item
description: The aim of this study is to critically examine the normative vacuum regarding the civil representation of indigenous peoples in Indonesia, with a particular focus on disputes over communal land rights The method used is a normative legal approach by examining legislative instruments, jurisprudence, and analysis of selected cases, which aims to reveal systemic weaknesses in the legal recognition of indigenous peoples' representatives in the national legal structure. The novelty lies in its direct involvement in unresolved issues regarding the legitimacy of indigenous community representation in formal judicial and administrative processes, a dimension that has often been overlooked in previous legal studies. The results of the study propose a reform agenda that includes formal legal recognition of customary leadership structures, the establishment of regulatory norms based on the principle of Free, Prior, and Informed Consent (FPIC), and the adjustment of civil law principles to better reflect the customary-based collective governance systems that exist within indigenous communities and Informed Consent/FPIC), and the adjustment of civil law principles to better reflect the collective customary-based governance system that prevails within indigenous communities. The conclusion of the research is that in order to respond to these challenges, this paper proposes a reform agenda that includes formal legal recognition of traditional leadership structures, the establishment of regulatory norms based on the principles of Free, Prior, Prior, and Informed Consent (FPIC) principles, and the adjustment of civil law principles to better reflect the collective and customary governance systems common among indigenous communities.
creator: Devin Jinoto
rights: Copyright (c) 2026 Devin Jinoto https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-09
publication date: 2026-01-09
volume: 12
number: 1
starting page: 210
ending page: 230
doi: 10.33506/js.v12i1.4701

Legal Challenges to Local Communities' Land Rights in the Capital City of Nusantara
type: item
description: This study aims to analyze land policies before and after the establishment of the National Capital City (IKN), including regulations on restrictions or freezes on land rights transfers, as well as regulations on land acquisition, and their impact on local communities, both indigenous and non-indigenous. The method used is an empirical legal approach or socio-legal studies that focus not only on norms but also on the context of their enforcement in the IKN area, particularly in North Penajam Paser Regency. This is done by analyzing facts in the field related to land regulations in the IKN area, which directly impact local communities. The novelty of this research lies in the dynamics of regulations issued before and after the establishment of the IKN, particularly in terms of land, ranging from the freezing of transfer of rights to land acquisition for the development of the IKN, which has implications for conflicts over the living space of local communities. The results of this study found that the land regulations that have been in place since the establishment of the IKN have had an impact on the control and use of community land, where conflicts have been triggered by the lack of transparency in the development process, compensation issues, and the suspension of land rights registration. The concluded that land regulations related to the development of the IKN have an impact on the control and use of land by local communities. Legal efforts to resolve land tenure issues in the IKN need to be differentiated based on when the issues arose. Problems that occurred before the establishment of the IKN should be resolved through non-litigation efforts such as negotiation and mediation, while post-establishment IKN issues should be addressed by adjusting the implementation of the land acquisition scheme to the existing conditions in the field.
creator: Rahmawati Al Hidayah
creator: Aryo Subroto
creator: Setiyo Utomo
rights: Copyright (c) 2026 Rahmawati Al Hidayah, Aryo Subroto, Setiyo Utomo https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-11
publication date: 2026-01-11
volume: 12
number: 1
starting page: 231
ending page: 252
doi: 10.33506/js.v12i1.4379

The Exclusionary Data Conduct in Digital Mergers: An Indonesian Competition Law Perspective
type: item
description: The aim of this study is to examine the regulatory gap in Indonesian competition law regarding the use of user data by platform-based companies after a digital merger, by examining how the current legal framework responds to data-based exclusive practices and assessing its adequacy in regulating the dynamics of digital merger control. The method of this study examines the norms, principles, and legal doctrines contained in legislation, court decisions, legal theory, and scientific writings related to competition law, which are analyzed using current theories of harm. The novelty of this research is the application of the Newer Theory of Harm in analyzing digital mergers and acquisitions, particularly in privacy-based theory, where consumer data protection is an important aspect that needs to be considered in mergers and acquisitions. Consumer data privacy protection can be used as a quality assessment that must be met in the testing process that must be carried out before mergers and acquisitions. The results of the study show that merger regulations in Indonesian competition law are still oriented towards market concentration and price impacts, so they are not yet fully capable of addressing data-based exclusive practices and digital ecosystem dominance post-merger. This study concludes that digital merger supervision in Indonesia needs to be developed by expanding the analysis of big data control and its implications for fair business competition, taking lessons from the experience of the German Competition Authority and the European Union's Digital Markets Act regulations. The conclusion of this study concerns the assessment of mergers and acquisitions in Indonesian Competition Law; learning from the German Competition Authority and the European Union's Digital Markets Act, the government must expand its analysis of how access to big data affects a healthy competition ecosystem.
creator: Kukuh Tejomurti
creator: Ashyah Azzahra
rights: Copyright (c) 2026 Kukuh Tejomurti, Ashyah Azzahra https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-12
publication date: 2026-01-12
volume: 12
number: 1
starting page: 253
ending page: 267
doi: 10.33506/js.v12i1.4473

The Authority of Judges in Applying Diversion to Children Facing Criminal Charges Carrying a Sentence of More Than Seven Years
type: item
description: The aim of this study is to analyze the implementation of diversion in juvenile crimes based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law). The study method uses a normative legal method through a case study of legal behavior products. The novelty of this research lies in its in-depth analysis of the authority of judges in determining diversion for criminal acts with a maximum penalty of more than 7 years. Although normatively excluded by the UU SPPA, this is interpreted progressively using a restorative justice approach and the principle of the best interests of the child. The results of the research examine the discretion of judges in applying the principle of restorative justice in serious criminal cases that, according to the standard rules, are not eligible for diversion. Through a normative approach and empirical case studies, this research provides new insights and recommendations for reformulating more humane legal policies. The aim is to make the justice system more responsive to the protection of children's rights in accordance with national legal standards. Conclusion This study found that diversion under the SPPA is limited to criminal offenses carrying a sentence of less than seven years. However, Supreme Court Regulation (Perma) No. 4 of 2014 expands this scope, particularly in the case of mixed charges. This regulatory discrepancy creates a dilemma for judges in determining the appropriate legal reference. This inconsistency has an impact on legal uncertainty, where similar cases can receive different diversion treatments. Therefore, harmonization between the Supreme Court regulation and the SPPA Law is urgently needed to ensure equal justice for children.
creator: Redi Pirmansyah
creator: Muhammad Zainul Arifin
creator: M. Iqbal
rights: Copyright (c) 2026 Redi Pirmansyah, Muhammad Zainul Arifin, M. Iqbal https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-18
publication date: 2026-01-18
volume: 12
number: 1
starting page: 268
ending page: 282
doi: 10.33506/js.v12i1.4688

Unhealthy Business Competition in Government Procurement of Goods/Services in Indonesia: An Analysis of the Friedman Legal System
type: item
description: This study aims to analyze unfair business competition practices and their resolution mechanisms in government procurement of goods and services in Indonesia using Lawrence M. Friedman's legal system theoretical framework. The study method used is normative legal research with a legislative, conceptual, and case study approach, which is analyzed qualitatively through a review of legislation, decisions of the Business Competition Supervisory Commission (KPPU), and relevant legal literature. Case studies were conducted by analyzing three KPPU decisions that represent patterns of tender collusion in procurement, namely the Revitalization of Taman Ismail Marzuki (TIM) Phase III case, the provision of clean water in North Lombok, and the construction of the Prabumulih Mall. The novelty of this research lies in the simultaneous integration of weaknesses in legal structure, legal substance, and legal culture to assess the effectiveness of antitrust law enforcement in the procurement sector. The results of the study show that the main obstacles to the enforcement of business competition law not only stem from regulatory loopholes and definitions of norms that are not yet operational, but are also influenced by institutional capacity constraints, weak inter-agency coordination, and a permissive culture towards collusion in procurement practices. This study emphasizes that strengthening the effectiveness of law enforcement requires practical measures such as refining the norms prohibiting collusion, integrating sanctions and a database of violations into the national e-procurement system, and strengthening the synergy between KPPU and LKPP through a post-decision monitoring mechanism to prevent repeat violations. The conclusion of the study states that regulatory reformulation, strengthening of supervisory institutions, and renewal of the culture of compliance are key prerequisites for the realization of transparent, fair, and accountable procurement governance.
creator: Zaenal Arifin
creator: Arief Slamet Karyadi
creator: Miftah Arifin
rights: Copyright (c) 2026 Zaenal Arifin, Arief Slamet Karyadi, Miftah Arifin https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-19
publication date: 2026-01-19
volume: 12
number: 1
starting page: 283
ending page: 299
doi: 10.33506/js.v12i1.4597

The Use of Intellectual Property Rights as Collateral for Debt: Legal Regulations and Valuation Analysis
type: item
description: This study aims to examine the legal regulations governing IPR as collateral for debt, and how to determine the valuation of IPR used as collateral. The study method used is normative law with a legislative and conceptual approach. Data was obtained through a literature study of primary and secondary legal materials. The novelty of this study lies in its focus on the legal vacuum and implementation constraints in the field in making IPR, particularly copyright, an object of fiduciary collateral, especially in terms of economic valuation and ownership validity. The results of the study show that although Indonesian fiduciary law has normatively recognized the possibility of using IPR as collateral, in practice financial institutions still face various obstacles. This is partly due to the absence of standard assessment criteria, issues of proof of ownership, and a declarative IPR registration system. The conclusion of this study is that IPR has economic potential and a legal basis as collateral for debt, but it still requires specific derivative regulations and a clear economic value assessment mechanism in order to be widely accepted by financial institutions. The development of this policy is important to support the sustainable financing of the creative economy sector.
creator: Annisa Fitria
creator: Rita Alfiana
creator: Mira Kartika Dewi Djunaedi
creator: Zummiyanuran Habibi
creator: Alyana Marsyanda
rights: Copyright (c) 2026 Annisa Fitria, Rita Alfiana, Mira Kartika Dewi Djunaedi, Zummiyanuran Habibi, Alyana Marsyanda https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-25
publication date: 2026-01-25
volume: 12
number: 1
starting page: 300
ending page: 313
doi: 10.33506/js.v12i1.4680

Illegal Online Lending in Indonesia: Mapping Criminal Liability and Strengthening Victim Protection
type: item
description: This study aims to analyze the forms of criminal liability of illegal online loan providers and to formulate a legal protection model for victims within the framework of national criminal law. The method used is normative juridical with a legislative and conceptual approach, through an examination of various related regulations, court decisions, and criminal law and consumer protection doctrines. The novelty of this research lies in its comprehensive mapping of the criminal liability regime for illegal online lending across laws-including the Criminal Code, the Electronic Information and Transactions Law, the Personal Data Protection Law, the Consumer Protection Law, the Trade Law, OJK regulations, and the Money Laundering Law-as well as its affirmation of the function of criminal punishment as a preventive legal protection instrument for potential victims. The results of the study show that illegal online lending practices fulfill the elements of various criminal acts, including fraud, extortion, defamation, threats, dissemination of false information, misuse of personal data, misleading promotion, unlicensed business activities, and money laundering, so that the perpetrators can be held cumulatively criminally liable. In addition, criminal law enforcement against perpetrators serves as a form of preventive and repressive protection for the community. The conclusion of this study confirms that strengthening integrated criminal law enforcement that is victim-oriented and supported by public legal and financial literacy is a key prerequisite for suppressing illegal online lending practices and protecting the public from the trap of technology-based financial crime.
creator: Anita Zulfiani
creator: Nabila Alinka Wiboo
creator: Skolastika Pradnya Satyalalita
rights: Copyright (c) 2026 Anita Zulfiani, Nabila Alinka Wiboo, Skolastika Pradnya Satyalalita https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-25
publication date: 2026-01-25
volume: 12
number: 1
starting page: 314
ending page: 328
doi: 10.33506/js.v12i1.4824

Restorative Justice in Cases of Child Sexual Abuse by Children: Between Child Protection and the Enforcement of Justice
type: item
description: This study aims to evaluate the application of restorative justice in cases of child molestation by children, by analyzing its legal and ethical implications. The method used was empirical jurisprudence with an interdisciplinary approach that integrated law, social sciences, and psychology, with a descriptive analytical research specification. Data were obtained through field studies and literature reviews, then analyzed qualitatively. The novelty of this research lies in its specific examination of the legal and ethical implications of applying restorative justice in cases of child molestation by children, which have often been resolved through amicable agreements between parents without considering the best interests of the child victims. The findings of this research show that restorative justice has the potential to neglect the protection of victims and the enforcement of justice, as well as eliminate the legal responsibility of the child perpetrator. The conclusion of this study confirms that the application of restorative justice in cases of child molestation by children is not in line with applicable legal provisions and has the potential to cause injustice, so it is not appropriate to apply it given its serious impact on the psychological condition and future of the child victim.
creator: Permas Teti
creator: Somawijaya Somawijaya
creator: Budi Arta Atmaja
rights: Copyright (c) 2026 Permas Teti, Somawijaya Somawijaya, Budi Arta Atmaja https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-29
publication date: 2026-01-29
volume: 12
number: 1
starting page: 329
ending page: 344
doi: 10.33506/js.v12i1.4983