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Community participation as a human right: Perspective of Indonesia's nickel downstream on the natural resource curse phenomenon
Full text linkIntroduction to the Problem: Various controversies over Indonesia's nickel downstreaming policy as a government move to add economic value to mining products are important issues that need to be studied. This problem is mainly because Indonesia is a developing country that has abundant natural resources, but has not been able to improve welfare and development for communities in mining areas, especially in the aspect of community participation. This research then highlights the perspective of the Natural Resource Curse (NRC) phenomenon for Third World Approaches to International Law (TWAIL) countries in the paradox of development stemming from the exploitation of natural resources.
Purpose/Study Objectives: Community involvement in mining and other industrial activities is needed. This is related to decision making. For example, in Environmental Impact Assessment/ Analisis Mengenai Dampak Lingkungan (AMDAL) and other activities related to the lives and livelihoods of communities around mining activities. The basis of public participation is part of human rights as stated in the Constitution and International Conventions that have been ratified by Indonesia.
Design/Methodology/Approach: This research uses legal normative research by examining legislation regarding nickel downstreaming as stated in Law No. 30 of 2020 on the Second Amendment to Law No. 4 of 2009 On Mineral and Coal Mining and Law No 6 of 2023 on Cipta Kerja,
Findings: The findings in this study show the lack of community involvement in mining and other industrial activities in Indonesia. The existence of community participation as a human right is necessary to achieve a balance of economic growth and environmental protection as an anti-thesis to the curse of natural resources. In addition, governance and enforcement and supervision by the government in the mining sector need to be carried out effectively.
Paper Type: Research Articl
Online gambling: Cross-border aspects and potential risk of divorce
Full text linkIntroduction to the Problem: Online gambling produces cascading social harms (debt, mental distress, and family conflict) that are surfacing in Indonesian divorce cases. Yet core enforcement gaps persist because gambling platforms, servers, and payment rails are frequently offshore and evidence is digital and volatile. Existing tools in the ITE Law and the Criminal Code lag behind these modalities.
Purpose/Study Objectives: To analyze how cross-border features of online gambling undermine Indonesian criminal and family-law responses, and to propose an integrated reform agenda that links criminal accountability with family protection.
Design/Methodology/Approach: Normative legal research combining statutory and conceptual analysis with comparative insights (licensed regimes such as Australia/UK; prohibition/ambiguous regimes) and illustrative Indonesian Religious Court decisions referencing gambling-driven marital breakdown.
Findings: Indonesia’s response is hampered by three enforcement deficits: (1) Platform/finance dependence: foreign digital platforms and domestic payment intermediaries (banks, e-wallets, telecoms) enable chip-based and crypto-denominated flows that current doctrine barely reaches; (2) Digital-evidence fragility: logs, metadata, and accounts are transient or hosted abroad, while preservation and admissibility standards and forensics capacity remain under-specified; and (3) Limited cross-border reach: narrow MLAT/extradition coverage and dual-criminality barriers where gambling is legal overseas. These deficits help explain a growing footprint of gambling in Indonesian divorce pleadings and judicial reasoning, even when causation is indirect (asset dissipation, coercive financial control, persistent conflict). Comparative practice shows courts can recognize gambling-related “wastage” in property division and maintenance, while regulators can harden payment and advertising controls. Overall, the paper finds that doctrinal silos between criminal/ITE rules and the Marriage Law weaken both enforcement and family protection.
Paper Type: Research Articl
People's mining governance and ecological impacts in Jayapura City (1998-2024)
Full text linkIntroduction to the Problem: The case of artisanal mining in Jayapura City has had positive socioeconomic impacts through job creation. However, it has also raised concerns about ecological impacts, including landscape degradation and contamination of the watershed that drains into Lake Sentani.
Purpose/Study Objectives: This study aims to analyze the dynamics of community mining governance in Jayapura City since 1998, with a focus on the role of local government in law enforcement and the ecological impacts of small-scale gold mining activities.
Design/Methodology/Approach: A socio-legal research approach was adopted, grounded in an empirical-juridical paradigm to capture both the statutory framework and its practical implementation. Data for the study were compiled through an analysis of regulatory documents, academic literature, and environmental impact reports, augmented by systematic field observations at key mining sites around Jayapura (including buffer zones near the Cyclops Nature Reserve and the Lake Sentani watershed). Observations were conducted over five months, utilizing document research protocols and peer review verification to ensure data reliability and analytical rigor.
Findings: The findings reveal regulatory gaps and weak law enforcement, resulting in rampant illegal mining and environmental degradation, including land degradation, alterations to the hydrological system, and pollution of the watershed, ultimately affecting Lake Sentani. Although formalization of community mining businesses was attempted after 2007, challenges such as weak coordination between agencies, limited oversight, and conflicts of interest complicate the implementation of sustainable regulations. This study recommends strengthening the assessment of community mining areas, developing transparent local regulations, improving oversight and law enforcement mechanisms, and involving communities in environmental monitoring and advocacy to achieve a balance between regional economic and environmental sustainability.
Paper Type: Research Articl
Strengthening the correctional system through electronic supervision of prisoners: A comparative legal study for reforming Indonesia's penitentiary law
Full text linkIntroduction to the Problem: The practice of criminal law in a country should evolve technologically, as in Indonesia, where electronic surveillance of prisoners has been adopted. Indonesia has correctional facilities that are experiencing tremendous overcrowding, and this trend not only hinders the effective rehabilitation of inmates but also burdens the state coffers. Countries with well-organised biobanks have used this surveillance technology to prevent this malfunction.
Purpose/Study Objectives: This research aims to analyze whether there is a possibility of introducing electronic monitoring of prisoners in Indonesia as a possible amendment to the Criminal Sanctions Implementation Act by conducting an international review of the experience of similar practices in several countries with civil law (Latvia, Iceland, France, Norway, Croatia, Kosovo), common law (England and Wales), and mixed law (Thailand) systems.
Design/Methodology/Approach: This research utilises qualitative approaches, especially normative legal analysis and comparison. The data was collected by way of thorough analysis of legal documents from different jurisdictions that have varying legal traditions, such as civil law countries like Latvia, Iceland, France, Norway, Croatia, and Kosovo, common law countries of England and Wales, and Thailand, which has a mixed legal system. The comparison of these legal systems assists in constructing possible integration of electronic surveillance systems in the criminal law system in Indonesia.
Findings: Research shows that electronic monitoring of prisoners in Indonesia has potential despite the lack of legislation for such tracking due to the relevance of implementation, especially for low-risk prisoners and first-time offenders. Concerns are identified, such as inadequate infrastructure, lack of comprehensive legislation and resistance from various groups. However, the promising benefits outweigh those concerns, as well as features such as a 40% reduction in prison overcrowding and improvements in recidivism rates of inmate rehabilitation.
Paper Type: Research Articl
Legal protections against unfair competition in e-commerce: Analysis of Indonesian and Thailand framework adequacy
Full text linkIntroduction to the Problem: Unfair competition threatens economic growth and is harder to detect in the digital era. For Indonesia and Thailand, growing digital economies depend on fair online marketplaces, yet these platforms face risks like price manipulation and visibility bias. Addressing these issues is crucial to unlocking their global trade potential.
Purpose/Study Objectives: The purpose of this research is to analyze the normative potentials and challenges in enforcing antitrust laws in Indonesian and Thai online marketplaces, particularly in addressing antitrust challenges that are unique to the digital environment.
Design/Methodology/Approach: This research utilizes normative legal research method and a comparative legal approach to examine the frameworks for protecting against unfair competition in online marketplaces in Indonesia and Thailand.
Findings: Findings of this study highlight that the existing antitrust laws in Indonesia and Thailand are not equipped to address the unique challenges of digital markets, such as algorithm-driven price fixing, product visibility manipulation, and data monopoly. The study proposes a legal framework model focusing on enhancing algorithmic transparency, ensuring search neutrality, establishing robust market monitoring, and integrating data governance with antitrust measures. This model aims to bolster fair competition and consumer protection, positioning both nations to leverage their digital economy potentials effectively.
Paper Type: Research Articl
Evaluating the right to life: Lessons from Nigeria, the African Charter, and Indonesian regulations
Full text linkIntroduction to the Problem: The problem of the study is basically on exploring the inadequacies of the existing regulations in safeguarding human life as continuous violations of the sanctity of human dignity have remained unabated in recent years in Nigeria.
Purpose/Study Objectives: The purpose of the study is to examine the phenomenon of the right to life in CFRN, 1999 and ACHPR,1981 and their contributions to the fundamental rights enforcement system. Drawing on past or present human rights abuses of the constitutional rights of individuals in Nigeria, the question asked is whether human rights instruments in place are no longer capable of adequate protection of human life in Nigeria. In this sense, the aims of the study are to understand this issue by examining the strengths and weaknesses of the legal frameworks meant to protect lives in Nigeria. The paper argued that the CFRN 1999 and ACHPR 1981 have an absolute prohibition on abuse of human life. The paper examines, among others, the obligations on states to adopt measures capable of addressing the incessant abuse of human rights. Comparing Indonesia as a comparative country in noticing and comparing a country with a different culture.
Design/Methodology/Approach: This study uses an analytical and qualitative approach to the current legislation, policies and literature on constitutional rights and this is achieved by synthesizing ideas and comparing with the rules of other countries, especially Indonesia.
Findings: The research found that lack of prosecution, political interference, and insufficient accountability hinder human rights enforcement in Nigeria. Despite this, the CFRN 1999 and ACHPR 1981 can still protect lives if human rights legislation is reformed to be more proactive. The comparison with Indonesia highlights that each country has unique customs and characteristics in safeguarding the right to life.
Paper Type: Research Articl
Between no-fault and fault-based: Has Indonesia consistently adopted the fault-based divorce law system?
Full text linkIntroduction to the Problem: Under the Indonesian Marriage Law of 1974, the requirement of specific acceptable reasons for divorce underscores the adoption of a fault-based divorce system. However, of the Law also includes “continuous disputes and endless quarrels between the spouses with no hope of reconciliation” as grounds for divorce provided by the Elucidation of Article 39 paragraph (2) letter f, which mirrors the Western no-fault-based divorce concept of irreconcilable differences. This apparent contradiction is intriguing for a comprehensive analysis of which divorce system Indonesia aligns with.
Purpose/Study Objectives: This article evaluates the contradiction between Indonesia’s fault-based divorce system and the existence of grounds for divorce, which include “persistent disputes and endless quarrels between the spouses with no hope of reconciliation.” This evaluation aims to confirm whether Indonesia has consistently adhered to the fault-based divorce law system.
Design/Methodology/Approach: This article utilizes normative juridical research by examining secondary data as the primary source. The research began with identifying legal principles governing divorce, followed by analyzing the historical development of regulations and legal considerations in judicial decisions. The data were qualitatively analyzed using conceptual, statutory, case-based approaches to provide a critical perspective.
Findings: This article reveals that the grounds of “persistent disputes with no hope of reconciliation” first appeared in 1933 under the Indonesian Christian Marriage Ordinance of 1933 under the terminology of onheelbare tweespalt. It was then adopted by the Marriage Law of 1974. Initially, all divorce reasons had to be grounded in the fulfilment of "persistent disputes with no hope of reconciliation," requiring the determination of the party most responsible for the breakdown of the marriage. However, this article concludes that there has been a gradual shift from necessitating identifying fault in "persistent disputes with no hope of reconciliation" to simply recognizing the marriage's breakdown without attributing blame. This ground is now independently sufficient to establish an irreparable breakdown of the marriage.
Paper Type: Research Article
Governance, business, legal, and technology: Strategies for addressing volatility and gharar in Sharia capital markets
Full text linkIntroduction to the Problem: This study explored the intertwined challenges of market volatility and gharar in Sharia capital markets, which jointly contribute to uncertainty and instability. Volatility and gharar are mutually reinforcing phenomena, while speculative behaviors such as margin trading and short selling intensify both factors, resulting in price distortions, obscured asset valuations, and reduced investor trust in Sharia-compliant instruments.
Purpose/Study Objectives: The objective of this research is to examine the characteristics and legal dimensions of both volatility and gharar in Islamic capital markets, assess their collective impact on Sharia-compliant issuers, and propose integrated governance, legal, business, and technological strategies to mitigate associated risks and enhance market resilience.
Design/Methodology/Approach: This study adopted a juridical-empirical-normative approach. The empirical aspect involved collecting and analyzing market data from the Indonesian Islamic capital market. At the same time, the normative analysis focused on evaluating regulatory instruments, including DSN-MUI Fatwa No. 80/2011 and OJK Regulation No. 15/POJK.04/2015, and within the context of Sharia principles and business law.
Findings: The study finds that both gharar and market volatility contribute to structural weaknesses in Islamic capital markets. In addition, speculative trading practices amplify uncertainty and instability, demanding a regulatory response that limits such activities. Strengthening corporate governance, enhancing disclosure practices, and applying business law mechanisms are essential to risk mitigation. The study recommends future research into cross-border regulatory comparisons and the role of financial technology in improving market transparency and Sharia compliance.
Paper Type: Research Articl
Orphan works: An examination of Indonesian and Malaysian copyright law
Full text linkIntroduction to the Problem: This paper reports findings from research on orphan works in Indonesia and Malaysia. "Orphan works" are copyright-protected works whose copyright holders cannot be contacted or identified by prospective users. Permission to use is essential under the copyright law, but it cannot be obtained in the orphan works context. Presently, there have been no recorded cases of orphan works in either jurisdiction. This situation is further exacerbated by the lack of policies and laws in Indonesia and Malaysia regarding orphan works.
Purpose/Study Objectives: On the above basis, this study sought to address the following research questions: (i) What is the current legal treatment to the issue of orphan works in Indonesia and Malaysia? and (ii) How can access to and exploitation of orphan works be legally authorised in Indonesia and Malaysia?
Design/Methodology/Approach: The research design was exploratory as this study aimed to examine the current legal treatment of orphan works in light of both jurisdictions' copyright statutes. The doctrinal analysis, as part of normative legal research, was used to answer the first research question by examining Indonesia’s Law Number 28 of 2014 and Malaysia’s Copyright Act 1987. The literature-based research was employed to answer the second research question by extracting information from secondary sources such as reports, textbooks, and journal articles.
Findings: This study discovered that Indonesia and Malaysia's existing laws are insufficient to support potential users in exploiting the orphan works. Specifically in Malaysia, the orphan works scenario might be addressed by Section 31 of the Copyright Act 1987, but further improvements could be made to this provision to expand its scope and application. Following that, this study made numerous strategic proposals, including defining a policy for the use of orphan works, establishing a statutory definition of orphan works, and developing an orphan works licensing scheme.
Paper Type: Research Articl
Analysis of the concept of schikking as an alternative in the strategy for recovering state financial or economic losses
Full text linkIntroduction to the Problem: The main issue in handling cases in the economic field is the recovery of the state's financial losses or the country's economy. This is due to the orientation of law enforcement, which always focuses on imposing imprisonment as a deterrent. As a result, fines that are imposed are often substituted with imprisonment. The criminal justice process, which ultimately leads to imprisonment, is considered ineffective and incurs high costs. Through the authority of schikking, it is considered as one of the alternative solutions. However, in practice, it still generates various reactions, including assumptions that it does not effectively deter perpetrators from committing crimes.
Purpose/Study Objectives: This research aims to examine and explain the perspective of schikking in handling economic criminal acts. Through the imposition of schikking, can financial losses or the state's economy be effectively and efficiently restored.
Design/Methodology/Approach: The research method used is normative juridical research, a type of legal research that examines the systematics of law, identifying key concepts in law, and analyzing prevailing norms and principles in legal science.
Findings: The research findings indicate that the concept of schikking views economic crimes as the cause of economic disruption in the country, so the prosecution must prioritize the recovery of state losses. As one of the sentencing systems and part of the attorney general's opportunity, schikking can be applied to crimes that have a broad impact on the country's economy. The implementation of schikking is considered effective and efficient in reducing state expenditures, taking into account the costs and benefits of handling economic cases. Additionally, schikking provides a mutually beneficial solution for the parties by giving the perpetrator an opportunity to constructively demonstrate their capacity and qualities. Schikking does not completely eliminate the element of deterrence, but rather simplifies the criminal justice system by offering a more efficient and adaptable solution, without sacrificing the core goals of law enforcement, restoring economic losses, and ensuring substantive justice.
Paper Type: Research Article