Ex Aequo Et Bono Journal Of Law
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Individual criminal responsibility for crimes against humanity: A juridical analysis of the decisions of the international criminal court
No full textBackground: Crimes against humanity are among the gravest offences under international criminal law and require individual criminal responsibility to prevent impunity. The International Criminal Court (ICC), established by the Rome Statute, provides a framework on crimes against humanity and modes of liability, yet its case law reveals doctrinal tensions. This article examines how the Court interprets and applies individual criminal responsibility in such cases. Methods: The research employs a normative legal method using statute and case approaches. It analyses provisions of the Rome Statute on crimes against humanity and individual responsibility, and reviews selected ICC judgments, which are qualitatively assessed to evaluate coherence and trends in the Court’s reasoning. Findings: The study finds that the Court has developed an architecture of modes of liability, including direct perpetration, co-perpetration, indirect perpetration, participation, and command responsibility, each with distinct actus reus and mens rea requirements. However, overlaps between modes, fluctuating evidentiary thresholds for senior leaders, and divergences between Trial and Appeals Chambers generate uncertainty and raise concerns about consistency and fairness. These dynamics reveal a gap between the conceptual aims of international criminal law and its practical enforcement before the ICC. Conclusion: The article concludes that, although the Court has advanced the doctrine of individual criminal responsibility for crimes against humanity, significant doctrinal and practical challenges remain. Novelty/Originality of this article: This study offers a structured mapping of modes of liability in ICC jurisprudence and links those patterns to wider debates on the legitimacy and effectiveness of international criminal justice
SETARA: Reformulating legal protection for women workers amid the evolution of artificial intelligence
No full textBackground: The rapid development of Artificial Intelligence (AI) has reshaped the global labor market and poses significant challenges to female workers, who are more likely to be employed in repetitive and data-based sectors vulnerable to automation. This study aims to examine the urgency of legal protection and labor law reform in Indonesia to address the potential risk of unemployment, gender discrimination, and social inequality arising from AI-driven automation. Previous studies have highlighted that women face structural disadvantages in the labor market due to their concentration in low-wage sectors and limited access to digital skills, as also emphasized by UNESCO. However, existing Indonesian labor regulations, such as the Manpower Law and Job Creation Law, have not explicitly regulated the impact of AI in employment. Methods: The research applies a normative juridical method with a statutory, conceptual, and comparative approach, supported by literature reviews of international practices in Germany and Singapore, where governments have initiated reskilling and vocational education policies to mitigate the impact of AI. Findings: Findings reveal that the absence of specific legal provisions in Indonesia leads to legal uncertainty and weak protection for women workers facing layoffs due to automation. This study proposes the concept of SETARA (Strategy for Empowering and Transforming Women’s Labor) as a strategic model to strengthen the role of female workers. The strategy consists of three core elements: reskilling, upskilling, and labor law literacy, implemented through a pentahelix collaboration involving government, businesses, society, academia, and mass media. Conclusion: The principal conclusion is that labor law reform in Indonesia must be adaptive to technological disruption and inclusive of gender perspectives to ensure sustainable and equitable labor protection. Novelty/Originality of this article: The novelty of this research lies in integrating gender-sensitive legal reform with AI governance through the SETARA model, which provides an innovative framework to balance technological advancement with social justice
Dialectical relationship between law, constitutional law approach, and political economy in phenomenon of sharia economy driving MSMEs and halal industry: A literature review
No full textBackground: The development of Sharia economy in Indonesia has increasingly influenced the growth of micro, small, and medium enterprises (MSMEs) and the halal industry, particularly in Mataram City, West Nusa Tenggara. This phenomenon raises questions about the interplay between legal frameworks, constitutional law approaches, and political economy in shaping sustainable economic development. Methods: This study employs a qualitative literature review, analyzing scholarly articles, government reports, and policy documents related to Sharia economy, MSMEs, halal industry, and Indonesian constitutional and economic law. The aim is to understand how legal and political-economic perspectives interact in promoting economic initiatives rooted in Islamic principles. Findings: The analysis reveals that the integration of legal and constitutional approaches with political economy provides a comprehensive framework for understanding the growth of Sharia-based economic activities. In Mataram City, West Nusa Tenggara, MSMEs and halal industries thrive through supportive legal frameworks, government policies, and community-based initiatives that align with Islamic economic principles. This synergy demonstrates the dialectical relationship between law, politics, and economic practices in fostering inclusive and ethically grounded economic development. Conclusion: The study concludes that legal, constitutional, and political-economic integration is essential for promoting Sharia economy as a driver of MSMEs and halal industry, ensuring both compliance with Islamic principles and sustainable regional economic growth. Novelty/Originality of this article: This research offers a unique interdisciplinary perspective by combining constitutional law, political economy, and Sharia economic principles to reinterpret economic development in Mataram City, West Nusa Tenggara, highlighting the practical and theoretical implications of legally and ethically grounded economic policies
Mining practices in Indonesia: The role of agrarian law in land grabbing and the elimination of indigenous peoples rights
No full textBackground: The relationship between nature and society is an ecological unity that is mutually formed. However, in the historical premise of capitalism, man is separated from nature and placed in relations of production that make nature an object of exploitation for the accumulation of capital. In Indonesia, the expansion of extractive industries, particularly mining, does contribute to national economic growth, but at the same time results in structural land grabbing, especially in indigenous territories. This study aims to examine the practice of mining as a manifestation of the capitalist system that perpetuates agrarian injustice, deprivation of land rights, and the marginalization of Indigenous Peoples. Methods: The research uses qualitative method through literature review and comparative-descriptive case study with socio-legal approach to examine the relationship between socio-ecological reality due to mining and agrarian legal framework. Data were obtained from Scopus and Web of Science indexed journals, ecological perspective books, and NGO and institutional reports. The analysis was carried out using Marxist ecological theory, which views capitalism as treating nature as an unlimited resource that can be exploited, as well as agrarian law theory, which asserts that the earth, water, and natural resources must be controlled by the state for the greatest prosperity of the people. Findings: The findings show that the hegemony of the mining industry in Papua, North Maluku, NTT, and Sumatra is causing the loss of indigenous peoples' living space, resulting in increased poverty and decreased health quality, as well as triggering ecological damage such as deforestation and river pollution. This condition is consistent with the Marxist ecological perspective that capitalism encourages degrarianization and creates ecological disharmony through the expansion of extractive industrial production space. In addition, formal agrarian law often fails to protect indigenous peoples' rights to land as living space. Conclusion: In conclusion, capitalism transforms nature from a living space into an object of production, while the role of the state that facilitates extractive industries reinforces structural inequality and ignores the mandate of Agrarian Justice in Article 2 point 3 of the 1960 Constitution. Novelty/Originality of this article: The novelty of this study lies in integrating Marxist ecological theory with agrarian law analysis to reveal how capitalism and state-facilitated mining perpetuate indigenous dispossession and ecological degradation in Indonesia
The clash between state law and customary law in the settlement of inheritance disputes
No full textBackground: Inheritance disputes in indigenous communities frequently arise from tensions between state law and living customary law. In Toraja society, inheritance distribution is traditionally governed by patrilineal norms, whereas state law emphasizes equal inheritance rights for sons and daughters, creating practical and normative friction in dispute resolution. Prior socio-legal discussions on legal pluralism indicate that customary authority often remains dominant in community life, yet state legal standards increasingly frame rights-based protection, including gender equality, as a core benchmark in adjudication. This study aims to examine how state legal norms and Toraja customary rules interact, compete, and shape outcomes in inheritance dispute resolution, and to identify a feasible pathway for harmonization that can support fairness and social justice. Methods: This research employs a juridical-normative method using a statute approach and a conceptual approach. Legal materials were collected through library research, including relevant legislation, judicial reasoning patterns in inheritance disputes, and doctrinal writings on customary law, gender equality, and legal pluralism, and then analyzed qualitatively through systematic interpretation and legal argumentation. Findings: The analysis shows that Toraja customary law remains highly authoritative and socially binding, influencing dispute settlement preferences and community compliance, but it tends to produce unequal outcomes where inheritance is allocated primarily through male lineage. Conversely, state law provides stronger normative support for gender-equal inheritance rights, offering broader protection for daughters when disputes reach formal legal institutions. The findings indicate that the tension is not merely procedural but conceptual: customary legitimacy is grounded in communal continuity, while state law prioritizes equality-based rights, requiring adjudication that can translate both values into a reasoned, socially acceptable decision. Conclusion: Harmonization is necessary to ensure inheritance dispute resolution is both socially legitimate and substantively just, particularly in safeguarding gender equality without disregarding customary authority. Novelty/Originality of this article: This article contributes an integrated normative model for resolving Toraja inheritance disputes by positioning judicial dialogue between state law and customary law as a structured mechanism for balancing communal legitimacy and equality-based rights within a plural legal setting
Transforming trade law in the digital era: Navigating challenges and seizing opportunities for legal reforms in Indonesia's evolving trade landscape
Full text linkBackground : In Indonesia, the transformation of trade law in the IT and Internet era presents significant challenges and opportunities. Businesses have changed, markets have expanded, and digitalization has created new economic opportunities. However, these changes have also raised a number of legal questions, including consumer protection, data security, the legality of electronic transactions, and the role of government in regulating digital commerce. This article analyzes how Indonesian laws and regulations have adapted to these changes and examines the challenges of implementing regulations in the face of rapid technological developments. This article provides a comprehensive overview of the direction of trade law in the digital era and its impact on the Indonesian economy and society, with a focus on the policies implemented and opportunities for future regulatory improvement. Methods: This study focuses on the challenges and opportunities arising from technological advances and e-commerce, and discusses changes in trade law in the digital era in Indonesia. A normative legal approach is used in this study. Digital trade law is examined using a normative approach. Findings: This study highlights several issues, including regulations that do not reflect technological advances, inadequate consumer protection, cybersecurity risks, and regulations that mix digital and traditional business practices. In contrast, the rapid growth of e-commerce in Indonesia, government efforts to build a digital ecosystem, and the potential for global cooperation to resolve international issues present significant opportunities. Conclusions: The results of this study highlight the need for more flexible and comprehensive legal reforms to deal with developments in the digital era. Harmonization of cross-sector regulations, increased cybersecurity, and strengthened consumer protection are key to seizing the opportunities arising from the growth of digital trade in Indonesia. Novelty/Originality of this Study: The study found that digital trade regulations in Indonesia are still lagging behind technological developments, especially in consumer protection and cybersecurity. However, opportunities arise from the government's efforts to build a digital ecosystem and the potential for global cooperation to improve digital trade regulations
Harmonization of laws regulating the formation of village government work plan drafting teams
Full text linkBackground: This research aims to analyse the arrangements related to the formation of the Village RKP Compilation Team as stipulated in Permendagri 114/2014 and Permendesa PDTT 21/2020 and to analyse legal harmonisation efforts related to conflicts between Permendagri 114/2014 and Permendesa PDTT 21/2020. Methods: This research is a normative legal research that prioritises conceptual and statutory approaches. Findings: The results confirm that the authority to form the Village RKP Compilation Team has moved to the Ministry of Villages, Development of Disadvantaged Regions and Transmigration so that regulations from the ministry are prioritised for use. Conclusion: The resolution of norm conflicts between Permendagri 114/2014 and Permendesa PDTT 21/2020 regarding the formation of the Village RKP Compilation Team can be done by harmonising regulations using the principle of preference, specifically the principle of lex superior derogate legi inferiori in harmonising authority in village development and the principle of lex posterior derogate legi priori in harmonising regulations on the formation of the Village RKP Compilation Team. Novelty/Originality of this article: Through harmonisation using the principle of preference, the regulation on the formation of the Village RKP Compilation Team regulated by Permendesa PDTT 21/2020 takes precedence over its use
The human firewall: Increasing digital awareness and literacy for consumer protection
Full text linkBackground: In the evolving digital era, consumers are increasingly vulnerable to various cyber threats such as online fraud, identity theft, and misuse of personal data. This paper discusses the concept of "Human Firewall", an approach that places individuals as the main component in the defense against digital threats through increased awareness and digital literacy. Methods: By applying a systematic literature review method to various international scientific journal sources, this study shows that low levels of digital literacy increase consumers' risk of cybercrime such as personal data theft, online fraud, and information manipulation. Findings: A good understanding of digital ethics, privacy and safe use of technology helps people make wiser decisions in the digital world and prevent digital threats. Conclusion: Efforts to improve these skills can be done through interactive training, psychology-based approaches, and the use of gamification methods to strengthen user engagement. The gap in digital access and understanding in disadvantaged areas is also a challenge that needs to be addressed through an inclusive education approach. Novelty/Originality of this article: The novelty of this research is in the integration of educational and psychological approaches to form digital resilience based on proactive individuals, not just relying on technological systems. Therefore, society must build digital awareness as protection from cyber threats
E-court: A digital disruption in law enforcement and its impact on judicial efficiency in Indonesia
Full text linkBackground: The use of digital technology in thr justice system, known as E-Court, has significantly impacted law enforcement in Indonesia. This research explores E-Court as a manifestation of digital disruption, using normative legal research with a conceptual and statutory approach. Method: This research employs normative legal research with a conceptual and statutory approach to examine technological developments supporting E-Court, its benefits, and its challenges. Findings: E-Court consists of e-filing, e-payment, e-summons, and e-litigation, transforming legal case handling by improving efficiency, transparency, and accountability while reducing costs and administrative burdens. However, regulatory readiness and implementation mechanisms require further evaluation. Conclusion: E-Court has positively impacted law enforcement in Indonesia by increasing efficiency and accessibility in legal proceedings. To optimize its implementation, addressing challenges such as data security, digital infrastructure, and cultural adaptation within the legal system is essential. Novelty/Originality of this Study: This study provides a comprehensive analysis of E-Court as a digital disruption in Indonesia’s justice system, highlighting its effectiveness, challenges, and the necessity of regulatory adaptation. It contributes to developing a theoretical framework for online law enforcement systems, ensuring sustainable digital transformation in the judiciary
Evaluation of employee salary systems through the lens of sharia economic law
Full text linkBackground: Salary/Wages are payments for services performed by employees within a month. The payroll department plays a crucial role in ensuring company sustainability and preventing payroll fraud. While some employees work solely for financial compensation, others view salary as one of many benefits gained from employment. This study examines the effectiveness of the payroll system at Solah Tampah Hills villa. Method: This study uses a qualitative approach with observation, interviews, and documentation for data collection. The inductive method is applied to analyze empirical field data, which is then interpreted to draw conclusions. Through descriptive analysis and case studies, this research assesses the effectiveness of the payroll system at Solah Tampah Hills villa. Findings: The results of the study indicate that the payroll system at the Solah Tampah Hills villa has been implemented well and is carried out by following the Company Standard Operating Procedures that have been determined by the company. This means that the employee payroll system at the Solah Tampah Hills villa has been running effectively. Conclusion: The study concludes that the payroll system at Solah Tampah Hills villa is effective, as it follows the company's Standard Operating Procedures (SOP). Proper implementation ensures smooth salary distribution and minimizes payroll fraud, contributing to overall business sustainability. Novelty/Originality of this Study: This study provides an in-depth qualitative analysis of the effectiveness of the payroll system at the Solah Tampah Hills villa, highlighting its adherence to SOPs. The research offers a unique perspective on payroll system implementation within the hospitality sector, contributing to the understanding of payroll management effectiveness in business operations