176 research outputs found
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Simple, Swift, and Low Cost Judiciary in Handling Environmental Crimes by Corporations through Deferred Prosecution Agreement
No full textGeneral Background: Indonesia's criminal justice system aspires to uphold the principles of simplicity, swiftness, and cost-efficiency. Specific Background: However, these ideals remain inadequately realized, particularly in addressing environmental crimes perpetrated by corporations—cases often burdened by protracted processes and limited effectiveness in restoring state losses. Knowledge Gap: Conventional legal approaches have failed to achieve significant restitution, signaling a need for alternative mechanisms. Aims: This study examines the potential application of the Deferred Prosecution Agreement (DPA) framework as a tool to actualize a more efficient judiciary in prosecuting corporate environmental offenses. Results: Using a normative juridical method with statutory and comparative approaches, the study finds that the DPA offers a concrete, legally feasible means of pursuing compensation while streamlining judicial procedures. Novelty: The research introduces the concept of DPA into Indonesia’s legal discourse as an innovative, non-traditional solution for environmental crime cases involving corporate actors. Implications: The adoption of DPA mechanisms, accompanied by normative and institutional adjustments, could significantly enhance Indonesia's judicial efficiency and environmental accountability frameworks.
Highlights:
Promotes judicial principles of simplicity, speed, and cost-efficiency.
Offers innovative restitution for environmental damage by corporations.
Requires legal and institutional adaptation for implementation in Indonesia.
Keywords: Expedited Justice, Simplicity, Low-Cost Proceedings, Environmental Pollution, Deferred Prosecution Agreemen
A Juridical Analysis of the Cancellation of Registered Trademarks Due to Non-Use: A Comparative Study of Indonesian and UK Law: Analisis Yuridis Terhadap Penghapusan Merek Terdaftar Akibat Tidak Digunakan: Perbandingan Hukum Indonesia dan Inggris
No full textGeneral background: Legal protection of trademarks is fundamental to ensuring fairness and business certainty because exclusive rights apply only when marks are continuously used. Specific background: In Indonesia, cancellation of trademarks due to non-use for three consecutive years under Article 74 of Law No. 20/2016 remains challenging despite clear statutory provisions. Knowledge gap: Inconsistent judicial interpretations and the absence of uniform evidentiary standards create ongoing legal uncertainty. Aims: This study examines Indonesia’s mechanism for cancelling unused trademarks and compares it with the United Kingdom’s revocation system. Results: The findings show that Indonesia faces difficulties in proving non-use and maintaining consistent legal reasoning, while the UK—through the Trademarks Act 1994—implements structured administrative procedures, defined evidentiary criteria, and opportunities for non-litigation resolution. Novelty: This research offers a detailed comparative analysis that exposes procedural weaknesses in Indonesia when contrasted with a more mature and transparent system. Implications: The study suggests that Indonesia must strengthen evidentiary standards and refine administrative processes to enhance legal certainty, prevent passive monopolies, and reinforce effective trademark protection in modern commerce.
Highlights:
Focuses on cancellation of registered trademarks due to non-use in Indonesia and the UK.
Identifies legal uncertainty in Indonesia from inconsistent interpretation of “three consecutive years” and proof standards.
Highlights the UK’s clearer, more structured revocation procedures as a model for improving Indonesian law.
Keywords: Trademark Cancellation, Non-Use, Legal Protection, Revocatio
Consent Capacity of Persons with Disabilities in Sexual Relations: A Comparative Legal Study of Indonesia, Canada, and the United Kingdom: Kapasitas Persetujuan Bagi Penyandang Disabilitas dalam Hubungan Seksual: Studi Perbandingan Hukum Indonesia, Kanada, dan Inggris
No full textBackground (General): Consent serves as the central boundary distinguishing lawful sexual relations from criminal sexual violence. Background (Specific): For persons with disabilities, assessing consent becomes more complex due to cognitive, mental, physical, or sensory limitations that may affect their ability to understand and communicate agreement. Knowledge Gap: Indonesian criminal law, including the UU TPKS, lacks explicit definitions of consent and standardized indicators for determining consent capacity, unlike jurisdictions such as the United Kingdom and Canada. Aim: This study examines Indonesia’s legal framework on sexual consent and evaluates the absence of consent-capacity standards for persons with disabilities through comparative analysis with UK and Canadian regulations. Results: Findings show that Indonesian law narrowly associates non-consent with coercion or threats, failing to consider cognitive incapacity, whereas the UK (Sexual Offences Act 2003; Mental Capacity Act 2005) and Canada (Criminal Code Section 153.1) provide clear criteria for assessing mental ability, voluntariness, and relational power imbalance. Novelty: This research identifies the structural legal gap in Indonesian consent-capacity regulation and proposes a model grounded in comparative jurisprudence. Implications: The study underscores the urgent need for legal reform to establish explicit consent-capacity standards, strengthening protection against sexual exploitation of persons with disabilities.
Highlights:
Highlights the absence of explicit consent-capacity standards in Indonesian law.
Shows how UK and Canada provide clearer protections through defined legal criteria.
Emphasizes the urgency of legal reform to safeguard persons with disabilities from exploitation.
Keywords: Consent Capacity, Sexual Consent, Persons With Disabilities, Comparative Law, Indonesian Criminal La
Reconstructing the Authority of Village Heads in a Democratic Local Government System: Rekonstruksi Kewenangan Lurah dalam Sistem Pemerintahan Daerah yang Demokratis
No full textGeneral Background: The authority of the Lurah (urban village head) plays a pivotal role in Indonesia’s regional governance, yet it is often hindered by overlapping regulations and the complexities of regional autonomy. Specific Background: Regulatory evolution and decentralization have created inconsistencies in defining the Lurah’s scope of power. Knowledge Gap: Limited scholarly work has addressed the disharmony between attributive, delegative, and mandate-based authorities in the context of democratic governance and Administrative Law. Aim: This study seeks to reconstruct the Lurah’s authority to ensure greater alignment with democratic principles and the General Principles of Good Governance (AUPB). Results: Through a normative juridical method, combining statutory and conceptual approaches with case studies in major Indonesian cities, the findings reveal significant regulatory disharmony and insufficient AUPB integration. Novelty: The research proposes a participatory, responsive, and legally coherent framework for defining the Lurah’s authority, emphasizing clarity, accountability, and democratic legitimacy. Implications: Strengthening the Lurah’s authority within a transparent and participatory legal structure is essential for enhancing the effectiveness and legitimacy of local governance in Indonesia.
Highlights:
Clarifies Lurah’s authority to avoid overlap.
Aligns governance with AUPB and democracy.
Proposes participatory and accountable framework.
Keywords: Lurah Authority, Regional Governance, Administrative Law, Good Governance, Democratic Principle
Implication of The Strict Liability Principle in Immigration Criminal Cases in Indonesia: Implikasi Prinsip Tanggung Jawab Mutlak Dalam Kasus Pidana Keimigrasian di Indonesia
No full textGeneral background: Immigration governance functions as a selective mechanism to safeguard national security amid increasing foreign arrivals and recurring administrative infractions. Specific background: Despite Indonesia’s commitment to the principle of geen straf zonder schuld, immigration law uniquely allows punishment based solely on the fulfillment of objective elements such as overstay, unlawful entry, or presence in prohibited areas. Knowledge gap: Although the strict liability principle is applied in court decisions, its legal basis remains implicit due to the absence of explicit statutory provisions detailing which immigration offenses fall under this doctrine. Aims: This research analyzes the application, legal foundations, and consequences of strict liability within immigration criminal proceedings. Results: Findings reveal significant inconsistencies between legislative norms and judicial practice, posing risks to legal certainty, fairness, and the protection of suspects’ procedural rights. Novelty: The study identifies critical normative gaps that permit broad administrative discretion and potential overcriminalization. Implications: Clearer statutory formulation and strengthened procedural safeguards are necessary to balance state security interests with substantive justice and human rights protections.
Highlights:
Strict liability in immigration law is applied implicitly, creating uncertainty in defining which offenses qualify.
This principle conflicts with the fundamental doctrine of geen straf zonder schuld, potentially weakening suspect rights.
Clearer statutory regulation is needed to prevent overreach and ensure proportional, just enforcement.
Keywords: Strict Liability, Immigration Law, Legal Certainty, Mens Rea, Fair Tria
Sanctions Against Working Groups for the Selection of Goods/Services Providers in Cases of Tender Collusion (Study: Comparison between Indonesia and Malaysia)
No full textThe general background of this study is the persistent dominance of tender collusion in Indonesia’s procurement sector, which undermines fair competition and public welfare. The specific background focuses on KPPU Decision No. 15/KPPU-L/2023, where the Working Group (POKJA) was proven negligent but exempted from sanctions due to its unclear legal status under Law No. 5/1999. The knowledge gap lies in the absence of explicit regulatory authority to sanction POKJA, creating ambiguity in defining “other parties” within tender collusion provisions. The aim of this research is to compare Indonesia’s regulatory framework with Malaysia’s system, which empowers MYCC to impose administrative sanctions directly on public officials involved in bid rigging. The results show that Malaysia’s Competition Act 2010 provides broader investigative and enforcement powers, enabling more effective deterrence, while Indonesia relies on fragmented administrative mechanisms that weaken accountability. The novelty of this study is its comparative legal analysis demonstrating how dual-authority competition bodies enhance integrity in public procurement. The implications highlight the urgency to revise Law No. 5/1999, clarify POKJA’s legal standing, and establish expert data-analysis bodies to strengthen preventive measures against future tender collusion.
Highlights:
Indonesia’s weak sanctioning framework leaves POKJA’s accountability unclear in tender collusion cases.
Malaysia’s MYCC demonstrates stronger enforcement through integrated administrative and public powers.
Reform of Law No. 5/1999 is essential to strengthen oversight and prevent future bid-rigging practices.
Keywords: Tender Collusion, POKJA, Competition Law, MYCC , Procurement Governanc
Exploitation of Thai Women in Georgia In Vitro Fertilization Practices
No full textGeneral Background: The global rise in assisted reproductive technologies, particularly in vitro fertilization (IVF), has created a transnational market often intertwined with ethical and human rights concerns. Specific Background: In Georgia, weak regulatory frameworks have facilitated exploitative IVF practices involving Thai women, revealing patterns of reproductive trafficking masked as legitimate medical services. Knowledge Gap: While both Thailand and Georgia have ratified international conventions such as CEDAW and the Palermo Protocol, the practical enforcement of these instruments in cross-border IVF contexts remains underexplored. Aims: This study aims to analyze the exploitation of Thai egg donors in Georgia through a human rights lens, identifying legal shortcomings and proposing measures aligned with international norms. Results: Findings indicate that the exploitation constitutes human trafficking under the Palermo Protocol, highlighting a regulatory vacuum that prioritizes commercial profit over women’s bodily autonomy and informed consent. Novelty: The research bridges reproductive ethics, international human rights law, and feminist legal theory to expose how IVF commercialization enables structural gender-based exploitation. Implications: The study underscores the necessity for harmonized transnational regulation, implementation of Mutual Legal Assistance (MLA) frameworks, and adoption of global ethical standards to ensure reproductive justice and protect women from exploitation in assisted reproductive industries.
Highlights:
Highlights the exploitation of Thai women in Georgia’s IVF industry as a form of human trafficking.
Reveals the regulatory vacuum and weak enforcement of international human rights standards.
Proposes cross-border legal harmonization through Mutual Legal Assistance (MLA) to protect women’s rights.
Keywords: In Vitro Fertilization, Human Trafficking, Egg Donation, Reproductive Rights, Legal Regulatio
Comparative Study of Greenwashing Practices in Consumer Protection Between Indonesia, the Netherlands, and Singapore
No full textGeneral background: As global environmental awareness rises, corporations increasingly use sustainability claims to attract consumers, yet many of these claims constitute greenwashing that misleads the public about environmental benefits. Specific background: This practice undermines environmental protection efforts and erodes consumer trust, especially in Indonesia, where legal instruments addressing greenwashing remain limited. Knowledge gap: Previous research has explored corporate responsibility and consumer rights, but few studies have compared cross-country legal protections against greenwashing. Aims: This study analyzes and compares the legal frameworks and enforcement mechanisms for consumer protection against greenwashing in Indonesia, the Netherlands, and Singapore. Results: The findings show that Indonesia relies on general provisions within its Consumer Protection and Environmental Laws, while the Netherlands enforces binding EU directives through strong oversight institutions such as the ACM. Singapore combines the Consumer Protection (Fair Trading) Act with the regulatory authority of ASAS. Novelty: This study introduces a comparative legal analysis highlighting the need for Indonesia to strengthen its regulatory framework and establish a specialized supervisory body for greenwashing cases. Implications: The study contributes to developing more transparent and accountable consumer protection mechanisms that advance global sustainability objectives.
Highlights:
Highlights gaps in Indonesia’s legal framework on greenwashing.
Compares consumer protection systems in Indonesia, the Netherlands, and Singapore.
Recommends stronger, specialized oversight for sustainability claims.
Keywords: Greenwashing, Consumer Protection, Comparative Law, Sustainability, Regulatio
Issuer Compliance with Disclosure Principles in Insider Trading in the Indonesian Capital Market: A Comparative Study with Singapore and the United States from an Investor Protection Perspective: Kepatuhan Emiten Terhadap Prinsip Disclosure dalam Insider Trading di Pasar Modal Indonesia Perbandingan dengan Singapura dan Amerika Serikat: Perspektif Perlindungan Investor
No full textGeneral Background: Insider trading and weak information disclosure undermine market integrity and investor protection. Specific Background: In Indonesia, disclosure obligations under the Capital Market Law, OJK regulations, and IDX rules remain limited in timeliness, insider categorization, and enforcement compared to Singapore and the United States. Knowledge Gap: Existing studies have not systematically compared issuer compliance with disclosure principles across these jurisdictions to assess their effectiveness in preventing insider trading. Aims: This study analyzes Indonesia’s disclosure framework, compares it with Singapore and the U.S., and evaluates necessary reforms to enhance investor protection. Results: Findings show Indonesia’s two-day disclosure window, narrow insider definition, and predominantly administrative sanctions weaken deterrence, while Singapore’s immediate disclosure model and the U.S.’s broad misappropriation theory, real-time surveillance, and strong enforcement provide higher compliance and detection levels. Novelty: This research integrates doctrinal, conceptual, and comparative analyses to demonstrate how adopting broader insider definitions, accelerated disclosure, and technology-driven monitoring can strengthen Indonesia’s regulatory structure. Implications: Strengthening OJK–IDX integration, enhancing surveillance capacity, reforming insider trading provisions, and adopting international best practices are essential to improving market transparency and long-term investor confidence.
Highlights:
Indonesia’s disclosure rules remain slower and less comprehensive than Singapore and the U.S.
Broader insider definitions and real-time surveillance improve detection and deterrence.
Strengthened OJK–IDX integration is essential for effective enforcement and investor protection.
Keywords: Insider Trading, Disclosure, Investor Protection, Capital Market Regulation, Comparative Stud
The Conflict and Competition among Regional Powers and its Effect on the Region’s Stability: Konflik dan Persaingan Antar Kekuatan Regional dan Pengaruhnya terhadap Stabilitas Kawasan
No full textThis article explores the longstanding regional animosities and power rivalries among Turkey, Iran, and Saudi Arabia in the Middle East, focusing on their impact on regional peace and stability. Despite extensive research on Middle Eastern geopolitics, there is a need for a comprehensive understanding of how these rivalries shape the region's security dynamics. The study aims to analyze the geopolitical goals driving these powers towards regional dominance, including territorial disputes, religious or ethnic tensions, resource distribution issues, and ambitions to alter the regional structure. Using qualitative analysis of historical and contemporary conflicts, the research highlights how sectarian warfare, proxy wars, and transnational violence contribute to regional instability. The findings reveal that the use of proxies by regional powers exacerbates tensions, leading to humanitarian crises and escalating conflicts. This study underscores the necessity for diplomatic interventions and international cooperation to mitigate the adverse effects of these rivalries on the Middle East's stability.
Highlights:
Dominance Goals: Driven by territorial, religious, and resource issues.
Proxy Wars: Heighten instability and humanitarian crises.
Regional Impact: Escalate tensions and threaten peace.
Keywords: Middle East, Proxy Wars, Sectarianism, Geopolitical Interests, Destabilization