Sriwijaya Law Review
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Enhancing Consumer Protection in Electronic Transactions in Indonesia
Full text linkTechnological advancements have significantly facilitated electronic transactions, making business interactions faster and more convenient. However, these developments also introduce risks, especially for consumers, as electronic transactions can lead to significant financial losses if not handled carefully. This study proposes effective legal protections for consumers to prevent such losses and ensure proper compensation in electronic business transactions. This research employs a normative legal methodology, utilizing both a statutory and conceptual approach. The statutory approach analyses laws and regulations governing electronic transactions, while the conceptual approach applies Richard Posner's Economic Analysis of Law theory to assess the efficiency of consumer protection mechanisms. Data was gathered through a literature review of primary and secondary legal sources, and conclusions were drawn using deductive reasoning. The Economic Analysis of Law theory was the major premise, with relevant laws and regulations forming the minor premise. The findings reveal two main conclusions. First, while existing laws such as the Consumer Protection Law, the ITE Law, PP PMSE, PP PSTE, and Regulation of the Minister of Trade Number 31 of 2023 provide basic consumer protection by sanctioning businesses that offer mismatched products, reclaiming consumer rights is not straightforward. Second, to mitigate potential losses in electronic transactions, a validation process for business actors is necessary before they offer products, and Electronic System Trading Providers (PPMSE) must establish an efficient mechanism for compensating consumer losses. This study highlights the need for a more robust and accessible framework to protect consumers in electronic business transactions, ensuring that legal recourse is both efficient and effective
Justice or Controversy? The Case for Chemical Castration in the Republic of Kosovo’s Legal Framework
Full text linkThis study evaluates a group of citizens’ attitudes in the Republic of Kosovo toward the potential inclusion of chemical castration in the Criminal Code as a punitive measure against child sexual abusers. Although chemical castration is not currently part of the Republic of Kosovo’s legal framework, growing public concern over increasing cases of child sexual abuse has brought this controversial measure into public and legal discourse. Using a survey-based methodology, the research analyses responses from a demographically diverse group, predominantly composed of young and educated individuals. The findings reveal widespread concern regarding the prevalence of sexual abuse against children. There is a high level of awareness and significant public support for chemical castration, with many respondents viewing it as an effective and preventive measure against sexual violence. However, ethical concerns related to human rights and reproductive health were also raised. Although few respondents reported direct knowledge of child victims, the study highlights several barriers to reporting such crimes, including inadequate institutional and familial support, social stigma, and prevailing conservative attitudes. Overall, the study offers valuable insights for Kosovo’s institutions to enhance their strategies in combating child sexual abuse. Understanding public opinion on chemical castration can inform the development of future legal and policy initiatives in this sensitive area
Reverse Evidence: A Beacon of Hope for Pretrial Reform
Full text linkPretrial proceedings, inspired by the Habeas Corpus principle, aim to protect individuals from arbitrary coercive measures such as suspect identification, arrest, and detention. However, in practice, the burden of proof in pretrial processes falls entirely on the applicant, who must prove a negative: the illegality of the coercive action. This burden creates significant obstacles for applicants seeking redress. To address this imbalance, this research examines the concept of Habeas Corpus, the evidentiary system of reverse onus of proof in the Indonesian legal context, and the development of an ideal evidentiary model for pretrial proceedings. Using normative juridical methods, this study finds that Habeas Corpus obliges the detaining authority to justify the legality of detention; failure to do so results in the detainee's release. Similarly, reverse evidence has been applied in corruption, money laundering, and administrative cases in Indonesian courts to address challenges in uncovering organised crimes. In pretrial contexts, applying reverse evidence protects human rights, promotes transparency, and ensures accountability in the exercise of coercive state power. This approach reflects the legal principle that individuals should not be required to prove a negative, easing the applicant’s evidentiary burden. By shifting the burden of proof to the respondent (i.e., the state or its officers), it upholds the principle of equality of arms, creating a more balanced relationship between individuals and the state. Ultimately, this enhances safeguards against abuse of authority and improves fairness in the justice system
Mapping Public Participation in EIA in Indonesia: Recommendations for an Ideal Concept
Full text linkA quality EIA document is directly proportional to the level of public participation that influences the preparation process. However, the EIA level of public participation in Indonesia is still very low
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even reduced after being amended by Law No. 32/2009 in conjunction with Law No. 6/2023, which shows that public participation has not been prioritised. Several factors influence this, including the reduction of EIA participation through Law No. 6/2023, as well as the involvement of parties and forms that are not in line with the needs of the community. This research aims to identify the level of public participation in preparing EIA in Indonesia and present ideal concepts and recommendations regarding these three aspects. This legal research uses a statutory and conceptual approach with primary and secondary legal materials (Law No. 32/2009 in Lieu of Law No. 6/2023, Government Regulation No. 22/2021 and relevant scientific works). The level of public participation in the EIA preparation process in Law No. 6/2023 tends to be lower than before because the community cannot influence the final decision; affected parties are limited; forms of participation are limited to providing suggestions, opinions and responses; and the public participation in government institutions is eliminated. Therefore, the ideal concept uses a mapping that includes the parties involved, the form, and the purpose of participation with three rationales, namely normative, substantive, and instrumental, which are briefly related to the community role, the quality of environmental decisions, and the basis of legitimacy. The government needs to develop ideal regulations for public participation in preparation for EIA based on this mapping so that the preparation of EIA is participative, transparent, equitable, and informed
Navigating Legal Barriers: The Impact of Foreign Subsidies Regulation on Chinese SOEs in EU Public Procurement
Full text linkThe EU Foreign Subsidies Regulation (FSR), effective from July 2023, aims to create a level playing field in the EU internal market by addressing concerns about non-EU companies gaining unfair advantages through subsidies from their home countries. By granting the European Commission extensive investigative powers, particularly in public procurement and mergers, the FSR aims to ensure fair competition and fill regulatory gaps in the EU’s existing legal framework. However, the regulation’s impact on the participation of non-EU companies in the EU public procurement market remains insufficiently explained. This article examines the impact of the FSR on non-EU companies, focusing on its effects on public procurement, especially case studies from the Commission’s investigations into two Chinese state-owned enterprises (SOEs). It offers a detailed interpretation of the FSR’s rules on foreign subsidies in the context of EU public procurement from both procedural and substantive perspectives. Additionally, the article provides practical recommendations for non-EU companies seeking to navigate the FSR's requirements and minimise its negative impacts while maintaining their participation in EU public procurement markets
The Legitimacy Crisis of Customary Villages Under Indonesia’s Village Law
Full text linkThe absence of clear institutional linkages between bureaucratic villages (BVs) and customary villages (CVs) raises significant concerns regarding the legitimacy and effectiveness of their governance structures. Understanding the institutional relationship between these entities is therefore essential. This research analyses the legitimacy and legal implications of customary village regulations and investigates the disharmony between these regulations and Law Number 6 of 2014 in relation to the 1945 Constitution of the Republic of Indonesia (UUD 1945). Employing a socio-legal case study approach, this study focuses on five key sites: Gampong-Mukim in Aceh, Tosari-Tengger Village, Kanekes-Baduy, Tenganan Pegringsingan-Karangasem, and Pecatu-Badung. Legal materials were collected through document reviews and focus group discussions related to customary village governance. Findings reveal that Law Number 6 of 2014 concerning Villages fails to align with constitutional principles and shows inconsistencies when compared with regional regulations across the observed areas. Furthermore, the study identifies state intervention in customary village governance through the implementation of Law Number 6 of 2014—an approach deemed inappropriate unless such villages are fully and formally recognised. These regulatory inconsistencies and interventions undermine the legitimacy of Law Number 6 of 2014 in the context of customary village governance and threaten the autonomy and legal standing of Indonesia’s indigenous communities
Simplifying the Multiparty System or Compromising Equality? Legal Challenges and the Current Political Landscape in Indonesia
Full text linkPolitical parties play a vital role in Indonesia’s democratic system, functioning as key platforms for citizen participation and the representation of diverse interests. However, Constitutional Court Decision Number 55/PUU-XVIII/2020 introduced significant changes to the political party verification process, creating differential treatment based on previous electoral performance. This article explores the implications of this decision on the integrity of Indonesia’s multiparty system and its broader democratic framework. Employing a normative legal research methodology, the study uses a qualitative-normative approach that incorporates statutory, conceptual, and comparative analyses. It also examines Constitutional Court Decision Number 62/PUU-XXII/2024 regarding the presidential threshold, reaffirming the importance of equal and fair electoral mechanisms for all political parties. Findings indicate that exempting certain parties from factual verification undermines the constitutional principle of equal treatment and risks reducing competitiveness and inclusivity in the political system. The research proposes coalition-building mechanisms as a potential solution to preserve political diversity while adhering to the electoral threshold requirements. This study contributes a novel perspective by integrating recent Constitutional Court decisions and critically analysing their effects on Indonesia’s evolving democratic structure. It further recommends future research to assess the broader impacts of such reforms and to draw comparative insights from other democracies with consistent and equitable party verification practices
Homo Machina: Italian Perspectives on Drone Warfare within International Humanitarian and Human Rights Law
Full text linkThe rise of unmanned aerial vehicles (UAVs) poses substantial challenges to international legal frameworks governing armed conflicts, particularly in balancing sovereignty and human rights. This paper examines the influence of military technology on jus ad bellum, focusing on territorial sovereignty under Article 2(4) of the UN Charter and self-defence under Article 51. It also evaluates compliance with jus in bello, or international humanitarian law (IHL), including the principles of distinction, proportionality, and necessity. Moreover, it documents the views of thirty Italians on UAVs through online qualitative interviews. The arguments are based on posthumanism, which helps define a new anthropological view that is decentralised and deconstructed. Precisely, the philosophy recognises the increasingly narrow differences between humans and non-humans, men and machines. Thematic Analysis drives the investigation of patterns within the data set, offering a flexible yet rigorous approach to personal insights. Outcomes reveal that UAVs enable many military achievements but endanger society. Participants viewed their use outside war zones as both illegal and morally indefensible, expressing concerns over the dehumanisation inherent in remote targeting. They argued that engaging with suspected terrorists without judicial oversight might violate due process. Hence, they stressed the importance of more nuanced national and international regulatory mechanisms.
Third-Party Litigation Funding: Legal Feasibility and Insights from Australia, the UK, and the US for Expanding Access to Justice in Indonesia
Full text linkAccess to justice is often hindered by financial constraints, preventing plaintiffs from pursuing legal claims. Third-Party Litigation Funding (TPLF) offers a potential solution by allowing external funders to finance litigation in exchange for a share of any awarded damages or settlement. By covering litigation costs, TPLF enables financially disadvantaged plaintiffs to seek legal redress, making it a crucial mechanism for expanding access to justice. However, unregulated TPLF poses risks, including the encouragement of frivolous claims, ethical concerns, and profit-driven motivations that may override legal merit. Indonesia currently lacks specific regulations governing TPLF, raising questions about its legal permissibility and practical implementation. This study examines TPLF frameworks in Australia, the United Kingdom, and the United States to derive insights that may inform the development of TPLF practices in Indonesia. Utilizing a normative legal research methodology based on secondary data, the study explores the opportunities and challenges of introducing TPLF into the Indonesian legal system. The findings indicate that while TPLF can be legally accepted in Indonesia, its application should be restricted to cases with broad public interest, such as environmental and consumer litigation. Furthermore, Indonesia’s ongoing efforts to enhance access to justice and the absence of explicit legal prohibitions present opportunities for the regulated adoption of TPLF. This research contributes to the discourse on litigation funding by providing recommendations for policymakers, legal practitioners, and stakeholders in shaping a fair and regulated TPLF framework in Indonesia
Application of Patent Law to Software in the IoT Context
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The Internet of Things (IoT) is a promising field. It is estimated that around 75.44 billion devices will be connected by 2025. Undeniably, IoT will deeply impact the current intellectual property system. Many issues will be revisited and examined. This article addresses software patent protection in light of IoT. Software patent protection criteria are still embroiled in controversy. The authors examine the patentability of software in general and in the IoT context in the US, EU, UK, and Malaysian legal systems to determine the appropriate protection mechanism for software that perplexes the idea-expression dichotomy as the main premise of the copyright-patent distinction. The research is a theoretical qualitative study which traces law-related articles on IoT and software patents from multiple databases such as Hein Online and LexisNexis. The study also discussed court cases related to software and computer program patents. Furthermore, it relies on an analytical discussion of statutes and legislations in the US, EU, UK, and Malaysia, concluding that there is a conflation of computer programs and software. If the two terms are interpreted precisely in accordance with their meanings, IoT software inventions will not be at the centre of the controversy about the applicability of patent law.