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Does the village community have autonomy? between constitutional recognition and international law
Full text linkIntroduction to the Problem: Although villages existed before the formation of the Unitary State of the Republic of Indonesia, constitutional provisions on village autonomy remain marginal and inconsistent after four amendments to the 1945 Constitution. This undercuts recognition of indigenous communities and meaningful participation, despite converging international doctrines that safeguard collective identity, self-governance, and local decision-making.
Purpose/Study Objectives: This study argues that any future constitutional amendment must explicitly recognize and accommodate the autonomy of village communities. It aims to articulate a paradigm of village autonomy embedded in a social-constitution framework that realizes just and equitable prosperity, aligns with international legal standards on indigenous peoples’ rights and participatory governance, and provides clear guidance for normative and operational reform.
Design/Methodology/Approach: Using a normative juridical method with descriptive-analytic specification, the research combines statutory and legal-historical approaches with targeted comparative analysis of jurisdictions that constitutionally entrench local or indigenous self-governance. International legal principles are employed as evaluative benchmarks to assess Indonesian constitutional design choices and to distil transferable safeguards (recognition, participation, jurisdiction, and fiscal arrangements).
Findings: Future villages should be constitutionally recognized as autonomous and self-sufficient communities that preserve local wisdom, ensure economic stability, and foster locally rooted growth. A reform blueprint emerges: (i) explicit constitutional status for village communities; (ii) delineated competences and guaranteed participation procedures; (iii) stable fiscal architecture; and (iv) safeguards against re-centralization. These elements uphold citizen values and constitutional ethics while harmonizing Indonesian practice with international doctrines on indigenous rights and democratic participation, thus offering actionable pathways for amendment text and implementing legislation.
Paper Type: Research Articl
The legal effect of electronic bonds lacking an authenticated signature in Jordanian legislation
Full text linkIntroduction to the Problem: This study examines the Jordanian legislator's stance on the conditions for electronic signatures, as outlined in the Electronic Transactions Law and the Jordanian Evidence Law. It aims to assess the consistency between the two laws, particularly since the Electronic Transactions Law specifies requirements for electronic signatures, while the Evidence Law remains silent on such conditions.
Purpose/Objective Study: This study aims to examine how the recognition and enforceability of electronic bonds vary depending on the type of electronic signature used—specifically comparing authenticated and secured signatures versus unauthenticated yet secured signatures. The analysis will assess the impact of these signatures on the validity and legal standing of electronic bonds, similar to how handwritten signatures affect traditional bonds. Identifying gaps in this relationship will help address potential shortcomings in ensuring authenticity and legal compliance.
Design/Methodology/Approach: In this study, we follow two approaches: the descriptive approach in presenting electronic bonds, their types, protection, the validity of an authenticated and protected electronic signature in one hand, and the unauthenticated and unprotected electronic signature. The analytical approach was also relied on. The legal texts regulating the process of electronic bonds and electronic signatures will be reviewed, analyzed, and compared with other laws.
Findings: The study highlights how electronic authentication can streamline international trade by reducing documentation costs, provided legal frameworks ensure security and reliability. While Jordan’s Electronic Transactions Law grants e-signatures legal validity, gaps remain in regulating authentication entities. Key recommendations include: (1) establishing an 'electronic examiner' to verify signatures, (2) clarifying certification providers’ liability for data protection, and (3) formalizing government-contractor agreements for authentication services. Strengthening judicial training on digital transactions is also advised to enhance enforcement.
Paper Type: Research Articl
Resolution of the Jiwasraya insurance case: Government perspective on ensuring legal certainty and justice
Full text linkIntroduction to the Problem: The Jiwasraya insurance scandal exposed major weaknesses in Indonesia’s legal oversight of state-owned enterprises, particularly in corporate governance, fiduciary responsibility, and regulatory enforcement. Despite multiple government interventions, the lack of accountability and transparency eroded public trust and questioned the integrity of legal policy.
Purpose/Objective of Study: This article examines the government’s legal and policy measures in addressing the Jiwasraya crisis, focusing on how these efforts align with the principles of legal certainty, justice, and Good Corporate Governance (GCG).
Design/Methodology/Approach: Employing a normative juridical method with statute and comparative approaches, the study analyzes statutory frameworks, court decisions, and administrative responses, supported by comparative insights from China, Germany, and the United Kingdom.
Findings: The findings reveal that government measures, such as corporate restructuring, the establishment of IFG Life, and criminal prosecution, remain largely reactive and lack structural reform. The study argues for the codification of fiduciary duties, strengthening corporate criminal liability, and the selective imposition of severe penalties in corruption cases causing extensive state losses. Furthermore, the absence of transitional legal norms and enforceable state guarantees leaves non-migrated policyholders without legal protection. These findings highlight the urgency of reforming Indonesia’s corporate and financial governance system to restore legal certainty and uphold justice.
Paper Type: Research Articl
The nature of fairness in contracts: An electronic contract perspective
Full text linkIntroduction to the Problem: The development of information technology has given rise to various types of electronic contracts in the form of adhesion contracts. Unfair legal issues surround the contract formation process and the content of new electronic contract models, such as browser wrap agreements and sign-in wrap agreements. In several cases that have been decided by the Court, the panel of judges has its own standards for deciding disputes based on a fair electronic contract.
Purpose/Study Objectives: This paper aims to elaborate on the nature of contractual fairness from an electronic contract perspective.
Design/Methodology/Approach: This study employed the statute approach and the case approach. This research examines various regulations relating to agreements, electronic contracts, the doctrine of unconscionability and examizing a number of decisions pertaining to electronic contracts from courts in Indonesia as well as various other nations.
Findings: The research results can be concluded that nature of fairness in electronic contracts can be tested through two indicators, the process of forming the contract and clauses in the agreement. Electronic contracts are considered procedurally unfair if the weak party does not know and realizes that they are bound by a contract. An electronic contract is considered substantively unfair if a clause in the contract places an unreasonable burden on the weaker party. In addition to the doctrine of unconscionability, the principles of transparency, duty to read, and reasonable expectation must also be used to ensure fairness in electronic contracts. These principles need to be formulated into the norms of the Indonesian Information Transaction Act to protect consumers from unfair contracts.
Paper Type: Research Articl
The carbon conundrum: Hopes and hurdles in Indonesia’s OJK-led trading scheme
Full text linkIntroduction to the Problem: Indonesia is one of the world's largest carbon emitters and has good potential for carbon trading. However, several aspects of carbon trading in Indonesia still need to be addressed, including difficulties in carbon value, carbon price setting, market monitoring, and carbon trading infrastructure development.
Purpose/Objective Study: The research examines Indonesia’s carbon trading challenges and opportunities in the climate change era. Then, what is OJK's role in terms of carbon trading?
Design/Methodology/Approach: The research methods used a normative study by looking at carbon emission trading regulations in Indonesia, as well as a systematic literature review involving researching, reading, analyzing, evaluating, and summarizing scholarly literature.
Finding: The study reveals that OJK regulates carbon trading through frameworks like Law No. 4 of 2023 and OJK Regulation No. 14 of 2023, enabling carbon units to be traded as securities with a market potential of US$300 billion per year, supported by Indonesia's forests' carbon sequestration. Key challenges include developing carbon trading infrastructure, mastering emission reduction technologies, effective OJK market surveillance, and enhancing public engagement and transparency. Opportunities include economic growth from foreign investment, promoting sustainable development through renewable energy projects, and integrating with the global carbon market. OJK's role is crucial in regulating and supervising carbon trading, developing market infrastructure, ensuring compliance, building participant capacity, aligning with international standards, supporting climate change mitigation, and fostering international partnerships. Thus, OJK is essential for transparent, fair, and compliant carbon trading, addressing challenges, and leveraging opportunities, supporting Indonesia's net-zero emissions target by 2060 and global climate goals.
Paper Type: Research Articl
The legal issues concerning Nigerian’s student education loan act: A lesson from Uganda perspective
Full text linkIntroduction to the Problem: Education is said to be one of the major keys to development and civilization. Concerning this, the Nigeria and the Uganda governments had sought to enhance and facilitate tuition fees of tertiary education of peasant citizens, by enacting the Student Loan Act, Unlike the Uganda Education Loan Act, there seems to be a gridlock in accessing education loans in Nigeria.
Purpose/Study Objectives: In this regard, this study examines the issues concerning the Nigeria and Uganda tertiary education loan act, with a view of taking a leap from the Uganda student loan act in improving on the Nigeria student loan act.
Design/Methodology/Approach: In this regard, the study adopts a hybrid study method, 406 questionnaires were sent to respondents residing in Nigeria and Uganda. The results obtained were analyzed using a descriptive and analytical method.
Findings: The study identified significant flaws in the Nigeria Loan Act that risk undermining its intended purpose, whereas the Uganda Tertiary Education Loan Act offers a more effective framework, granting students better access to loans and scholarships. Consequently, the study concludes that Nigeria should adopt key aspects of Uganda’s model, particularly its student-friendly provisions, to improve access to educational financing. It therefore recommends that Nigerian policymakers reform the existing loan system by integrating successful elements from Uganda’s approach, ensuring greater equity and efficiency in supporting students’ academic pursuits.
Paper Type: Research Articl
Hidden tactics: Deposit agreement in debt contracts
Full text linkIntroduction to the Problem: The deposit agreement in the debt agreement, as stated in the receipt, strategically influences the power dynamics between the creditor and the debtor. Often, the practice of such contracts is used to disguise the true intent. The deposit agreement provision behind the debt agreement ensures greater control over the repayment process. In the event of default, the creditor uses the receipt with the deposit clause to report the debtor for embezzlement.
Purpose/Study Objectives: This paper analyses the provisions of debt agreements made in deposit receipts to find the best solution for fulfilling a balanced contractual relationship.
Design/Methodology/Approach: This research employs a normative juridical approach, focusing on literature reviews, legislative regulations with specific details, and analytical descriptive research.
Findings: This research shows that debt and deposit agreements contained in the deed of release of rights are valid and binding for the parties involved as long as no party denies them. However, upon closer examination of the agreement's intent and purpose, it becomes apparent that the agreement can be fabricated and contain invalid reasons. Although the principle of freedom of contract applies to the agreement, it does not mean that you can do it as freely as possible. Criminalizing someone for breaching a contract is not an appropriate course of action. It should be a concern for law enforcement officers unless there is strong evidence that embezzlement or fraud has occurred.
Paper Type: Research Articl
Postponement of debt payment obligations through semi-public restructuring
Full text linkIntroduction to the Problem: The COVID-19 pandemic has driven many companies in Indonesia to seek Postponement of Debt Payment Obligations (PKPU) and bankruptcy, highlighting the need for more adaptive legal frameworks. Current PKPU mechanisms are viewed as outdated, failing to address conflicts of interest and broader economic impacts. This research proposes a semi-public restructuring model to enhance fairness and inclusivity.
Purpose/Study Objectives: This study analyzes the urgency of deconstructing the PKPU framework by introducing semi-public restructuring, which integrates judicial oversight and equitable consideration for all parties involved.
Design/Methodology/Approach: This research includes normative legal research. Data analysis uses descriptive methods, deconstruction hermeneutic approaches, cases, legislation, and deduction-syllogism analysis. The legal materials used in this study consist of primary legal sources such as laws and court rulings, as well as secondary materials such as academic literature and legal commentary.
Findings: The findings reveal that implementing a semi-public restructuring model in PKPU cases is essential for creating a more balanced and fair resolution process. Unlike current mechanisms that overly favor creditors, this model offers a comprehensive solution by involving the courts in approving restructuring plans, ensuring that all creditors are treated equally. Additionally, the semi-public restructuring model adapts successful principles from other countries, like the UK, to Indonesia’s legal framework. It is important to understand that semi-public restructuring differs from PKPU, which is commonly affirmed in debt restructuring. Semi-public restructuring goes beyond mere debt adjustment, encompassing broader corporate reorganization. This model can provide legal certainty, maintain business continuity, and promote long-term financial stability by considering broader socio-economic impacts. This semi-public restructuring approach aligns with Indonesia’s Pancasila values and has the potential to make the bankruptcy legal system more adaptive and responsive to the nation’s economic challenges.
Paper Type: Research Articl
Navigating the regulatory landscape: Combating corruption, cryptocurrency crime, and illicit finance through global coordination
Full text linkIntroduction to the Problem: This article examines the U.S. strategy for countering corruption and the increasing challenges of money laundering involving cryptocurrencies in a globalized financial ecosystem. As digital assets gain legitimacy, they have simultaneously become tools for illicit finance, prompting the need for coordinated global regulatory efforts. The United States, home to the world’s largest crypto exchanges and a leading jurisdiction for asset seizures, has developed a comprehensive Five-Pillar Strategy emphasizing global coordination and institutional strengthening.
Purpose/Objective Study: This study analyzes how U.S. policy frameworks, including those under the Commodity Futures Trading Commission (CFTC), Financial Crimes Enforcement Network (FinCEN), and Dodd-Frank Act, respond to transnational threats of corruption, crypto-related crime, and illicit finance. It assesses how these measures promote transparency and shape international cooperation mechanisms.
Design/Methodology/Approach: Using a mixed-method legal approach grounded in methodological pluralism, this research integrates normative legal analysis, legal sociology, and neoliberal institutionalism to evaluate the adaptive capacity of global coordination in addressing crypto-related financial crimes.
Findings: The study finds that effective responses to crypto-based corruption require not only domestic policy coherence but also institutionalized multilateral coordination anchored in international regimes such as the Financial Action Task Force (FATF), the UN Convention against Corruption (UNCAC), and the OECD’s Crypto-Asset Reporting Framework. The U.S. Five-Pillar Strategy strengthens transparency through beneficial ownership reporting, enhances the detection of illicit transactions via FinCEN and CFTC oversight, and reinforces cross-border collaboration through FATF and UNCAC partnerships. These frameworks collectively represent a pragmatic application of neoliberal institutionalism (where institutions mitigate the risks of an anarchic financial order) and sociological jurisprudence, which treats law as a dynamic tool of social engineering. However, gaps persist in enforcement harmonization and data-sharing, underscoring the continued need for adaptive and inclusive global coordination mechanisms.
Paper Type: Research Articl
The law and the agitation for state police in Nigeria: Any point of convergence?
Full text linkIntroduction to the Problem: Every major security breach or threat to lives and property in any federating state of Nigeria renews the agitation for the creation of state police in Nigeria. The unitary command of the Nigeria Police Force (NPF) in a constitutional federalism such as Nigeria can at best be an aberration given the expansive unpoliced spaces within the country with their unavoidable security consequences.
Purpose/Study Objectives: This paper makes a constructive appraisal of the policing challenges in Nigeria, identifying the centralised command of the NPF as a major obstacle to effective policing in Nigeria.
Design/Methodology/Approach: Adopting the doctrinal research methodology, the paper evaluates the current policing structure and its effectiveness.
Findings: The paper finds that there is a need to unbundle the NPF, justifying the desirability for the establishment of autonomous state police as an ingredient of true federalism. It recommends the amendment of Sections 214 and 215(4) of the Constitution of the Federal Republic of Nigeria 1999 (CFRN) to align with the provisions of Section 176 of the CFRN and subsisting case-law authorities.
Paper Type: Research Articl