Journal Title Melayunesia Law Initials ML Email myl@ejournal.unri.ac.id Frequency 2 issues in a year ISSN 25580-7447 (Print) | 2580-7455 (Online) DOI Prefix Prefik 10.30652 by Editor in Chief Prof. Dr. Firdaus SH. MH. Publisher Magister Ilmu Hukum Fakultas Hukum Universitas Riau Melayunesia Law Journal is a peer-reviewed journal which is published by Magister Ilmu Hukum Fakultas Hukum Universitas Riau (UNRI). The aim of Melayunesia Law Journal published is to reveal the living law in the midst of society over time and peace. We publish original research papers, review articles, and case studies focused on the Malay customary law, law and human, customary law, criminal law, corporate and business law, and the law that developed in society. Melayunesia Law Journal publication schedule biannually in June and December. Melayunesia Law has been indexed in
Magister Ilmu Hukum Fakultas Hukum Universitas Riau
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Summoning Absent Defendants in Divorce Cases: Fast, Simple, and Low-Cost Justice
This study analyzes the application of Article 27 of Government Regulation Number 9 of 1975 concerning the Implementation of the Marriage Law related to the procedure for summoning defendants whose whereabouts are unknown in divorce cases in the District Court. This study uses a normative juridical method with a regulatory and conceptual approach to assess its conformity with the principles of simple, swift, and inexpensive justice. The results of the study show that Article 27 normatively serves to maintain legal certainty and prevent the obstruction of judicial proceedings due to the defendant's absence. However, regulations that rely on summonses through conventional mass media reflect a legal framework that is no longer fully relevant to developments in information technology and the digitization of the judiciary. This includes the lengthy summons period, which can take months, slowing down the court proceedings. In the context of modern justice, which is characterized by the implementation of e-Court and e-Litigation systems, a progressive interpretation or regulatory update is needed so that the summons procedure remains effective, efficient, and in line with the principles of access to justice and procedural justice.
Copyright (c) 2025 Wan Ferry Fadli (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Implications Of Mining Business Licensing Policies For Community Organisations In The Religious Sector
Through this study, the author explores the challenges and potentials that arise from granting mining licences to religious organisations, including potential conflicts between economic objectives and moral values held by religious organisations. On the one hand, mining activities can provide economic opportunities for religious organizations and neighbouring communities, but on the other hand, these activities risk damaging the environment and contradicting religious teachings that prioritise nature conservation. The article also identifies the importance of clear policies and strict supervision to ensure that mining activities by religious organisations are not only financially beneficial but also socially and environmentally responsible. Thus, this research uses a normative method to seek truth coherence, with a statutory approach, conceptual approach and case approach. In conclusion, this article recommends the need for stricter regulations, transparency in the licensing process, as well as strengthening dialogue between the government, religious organisations and the community to ensure the sustainability of these activities in line with existing religious and social values.
Copyright (c) 2025 Muklis Al'anam, Ledy Diana (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Crisis of Legitimacy in International Trade Law: An Analysis of the Between the United States and China and Its Impact on Third Countries
This study aims to analyze the crisis of legitimacy in international trade law within the framework of international law, focusing on the U.S.–China trade war and its implications for third countries, particularly Indonesia. The research addresses two main questions: (1) how do violations of international trade law principles manifest in the U.S.–China trade war, and (2) what are the impacts on the economic stability and legal standing of third countries in the global trade system? A normative juridical approach with qualitative analysis was employed, examining legal instruments such as the 1994 GATT and the WTO’s Dispute Settlement Understanding (DSU), supported by empirical trade data. The findings reveal that unilateral actions such as the Section 301 Tariffs and China’s retaliatory measures violated the principles of non- discrimination and Most-Favoured Nation. The trade war illustrates the ineffectiveness of WTO dispute settlement mechanisms and the erosion of compliance by major powers. For countries like Indonesia, the effects include export decline, supply chain disruptions, and investment uncertainty, though opportunities emerge through industrial relocation. The study recommends structural reforms to the WTO system to strengthen the rule of international law, restore legal certainty, and ensure justice in global trade governance amid the rise of protectionist policie.
Copyright (c) 2025 R Mustar Lofi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
AgreementTech: Innovation of Employment Agreements Based on Digital Leadership in the Era of Disruption in West Sumatra
This study aims to analyze the innovation of AgreementTech in employment agreements based on digital leadership in the disruption era, with a specific focus on the socio-cultural and legal context of West Sumatra. Digital transformation has reshaped employment relations through the emergence of electronic contracts and technology-based systems, yet legal certainty and organizational readiness remain major challenges. A mixed-methods approach with a sequential explanatory design was employed, in which quantitative data were collected through surveys of employees and company managers, followed by qualitative data obtained through in-depth interviews with company leaders, HR practitioners, and labor law experts. The findings reveal that the Disruption Era significantly influences employment contract innovation through AgreementTech, while the direct effect of digital leadership is not significant. Nevertheless, digital leadership strongly influences organizational readiness to face the disruption era, thereby indirectly encouraging the adoption of AgreementTech. From a legal perspective, the study highlights the need for a reconstruction of contract law norms to accommodate electronic agreements, including stronger regulation of digital signatures and the evidentiary status of digital contracts in court. Accordingly, the combination of external pressures, digital leadership, and the renewal of contract law constitutes the foundation for the implementation of AgreementTech in the digital era.
Copyright (c) 2025 Aulia Fikrina, Kiki Sarianti, Yossiramah Sucia (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Notary's Accountability for Non-Compliance with Covernote Issuance in Corruption Cases
The absence of specific legal provisions regarding the issuance of covernotes in Indonesia has created legal uncertainty and opened opportunities for misuse of notarial authority in issuing covernotes. This study aims to examine the authority of notaries in issuing covernotes based on the attributive authority granted by the state as stipulated in Article 16 paragraph 1 letter a of the Notary Law (UUJN), as well as to analyze the forms of notary liability concerning the irregularities in the issuance of covernotes in a corruption case under Decision Number 51/Pid.Sus-TPK/2022/Pn.Pbr. The results of the study indicate that the authority of notaries in issuing covernotes is still based on customary practice (living law) in the law of obligations and lacks a strong legal foundation. The liability that may be imposed on notaries for covernote irregularities can take the form of criminal, civil, and administrative liability. This research is expected to contribute by proposing a revision of the Notary Law (UUJN) to include specific provisions on covernotes and to clarify the mechanism of notary liability in issuing covernotes. Thus, it is expected that the legal regulation of covernotes will become more transparent and emphasize the principle of accountability.
Copyright (c) 2025 Raisyha Talitha, Taupiqqurrahman (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Civil Liability of Hospitals for Tort Law of Swapped Babies: A Comparative Analysis between Indonesia and Malaysia
This article examines the civil liability of hospitals in cases of swapped babies through a comparative analysis between Indonesia and Malaysia, focusing on the formulation of the elements of unlawful acts and the forms of responsibility of both countries. This issue is important because negligence in infant identification not only causes material and psychological losses but also impacts children's civil rights and reduces public trust in health services. The research method used is normative juridical research with a comparative legal approach. The main findings of this paper indicate that Indonesia assesses cases of swapped babies through the elements of unlawful acts, while Malaysia uses the tort of negligence approach. This difference gives rise to practical liability, where Indonesia tends to emphasize proving the elements of unlawful acts formally, while Malaysia provides broader scope for the standard of care test through jurisprudence. Furthermore, Malaysia has a more varied scope of compensation, while Indonesia limits the form of compensation to material and non-material losses within the limits of propriety. These findings are important for strengthening patient safety standards and hospital accountability mechanisms to be more adaptive to complex immaterial losses. The results of this study can also be used as a guideline for further research.
Copyright (c) 2025 Sherlyta Ramadhani, Dwi Aryanti Ramadhani (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
THE PRINCIPLE OF BALANCE IN THE PROTECTION OF WORKERS AND EMPLOYERS BASED ON LABOR LAW REFORM
Industrial relations regulation is a fundamental aspect of the national employment system, aiming to bridge the interests of employers and workers fairly and reflect the principle of balance. This study aims to determine the principle of equitable balance between worker protection and business flexibility in the reform of national labor law. This research uses a normative juridical approach focused on a literature review and analysis of relevant legal principles, concepts, and theories. Previous regulations emphasized worker protection as an effort to prevent injustice to vulnerable workers. The reform of labor law through the Job Creation Law seeks to reposition the balance by providing greater flexibility for employers and reducing the burden of labor costs, for example through adjustments to severance pay and expansion of PKWT (Working Permit) contracts. The main finding is that the reform brings a shift in the value of normative balance, focusing more on economic efficiency and business certainty for employers, while still striving to maintain worker fairness through schemes such as the Job Loss Guarantee. This reform, while providing operational convenience for employers, raises crucial questions about whether an optimal and equitable balance has been achieved, or whether it has instead created a new imbalance in which basic worker rights are sacrificed for economic flexibility. A just balance demands recognition of the strengths and vulnerabilities of both parties, as well as the formulation of regulations that enable inclusive economic growth and adequate social protection.
Copyright (c) 2025 Rahmat GM Manik (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Conditional Death Penalty Policy in Law Number 1 of 2023 concerning the Criminal Code is Linked to the Principle of Legal Certainty
Conditional death penalty aims to provide an opportunity for convicts to rehabilitate themselves and change for the better. Conditional death penalty also aims to reduce the risk of execution of innocent people, show a humanist attitude and respect for human rights, and accommodate various conflicting views and interests regarding the death penalty in Indonesia. Conditional death penalty is regulated in Article 100 Paragraph of Law Number 1 of 2023 concerning the Criminal Code. The type of research to be carried out is normative legal research. From the perspective of its objectives, normative legal research can be divided into 7 (seven) types, namely in this case research is carried out on the principles of law, namely regarding the Implementation of Conditional Death Penalty in Law Number 1 of 2023 concerning the Criminal Code in the Perspective of Legal Certainty.
Copyright (c) 2024 Amiratul Mardhiyah Putri, Evi Deliana HZ, Syaifullah Yophi Ardiyanto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Protection for the Grand Korpri Community, Victims of the Corruption Case the Director of PT Tiga Putra Mandiri
This study aims to analyze the form of legal protection for the Grand Korpri community in Bengkulu City who are victims of a corruption case committed by the Director of PT. Tiga Putra Mandiri Bengkulu, as well as to examine the legal responsibility of related agencies, especially the National Land Agency (BPN) of Bengkulu City. This study uses a normative juridical approach with secondary data in the form of court decisions and laws and regulations. The results of the study indicate that the actions of the Director of PT. Tiga Putra Mandiri who used land owned by the Bengkulu City Government for housing development without a permit is a form of legal violation that fulfills the elements of a criminal act of corruption as regulated in Article 2 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. In addition, the Grand Korpri community who have purchased houses on credit are the parties most disadvantaged due to the weak supervision of land administration by the BPN. The legal protection steps taken are by carrying out administrative reconciliation steps between the Bengkulu District Attorney's Office, the Bengkulu City Government, PT. Tiga Putra Mandiri, Bank Tabungan Negara (BTN) Bengkulu Branch, Bank Negara Indonesia (BNI) Bengkulu Branch and the Grand Korpri Community through the legislative mechanism of use rights or proportional compensation.
Copyright (c) 2025 Jeri Putra Adiswanda, Herlita Eryke (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Implementation of Sanctions Against Unlicensed Alcoholic Beverage Sellers in Pekanbaru City Based on Regional Government Regulation No. 13 of 2021 concerning Public Order and Tranquility
This study aims to examine the efforts of Satpol PP as the enforcer of Perda and Perkada in tackling the circulation of alcoholic beverages and the application of sanctions against its sellers in Pekanbaru city as well as the factors that support and inhibit the enforcement of the Law. The research method used is field research method, the research was conducted in pekanbaru city. The type of research in this writing is empirical juridical research, because it approaches the problem from the applicable regulations and the reality in society. the results of this study There are 3 (three) efforts of Satpol pp and related agencies in tackling the circulation of alcoholic beverages, namely: Preincentive efforts, preventive efforts and repressive efforts in this case Satpol PP and related agencies have 3 (three) supporting factors, namely: legal substance factors, informant factors, community leaders factors. and 4 (four) inhibiting factors, namely: human resource factors, intellectual resources of expert investigators, facilities and infrastructure factors of law enforcement, ground rules factors, community factors, and community culture factors.
Copyright (c) 2023 Al Qudri, Ardiansyah, Bagio Kadaryanto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Regulation on the Position of the State Civil Apparatus in the General Sorting of Indonesia
This study examines the regulation of the position of the State Civil Apparatus (ASN) in the context of General Elections (Pemilu) in Indonesia. This research uses normative juridical method with qualitative descriptive analysis approach. Regulations on the position of civil servants are very clearly regulated in the legislation on how to regulate civil servants to be more optimal in supporting government activities to benefit the community as much as possible and be fair and always maintain neutrality in elections. Based on the results of the study, there are several regulations governing the position of civil servants in elections in Indonesia, namely the 1945 Constitution, the Civil Service Law, the Election Law, the Corps Life Government Regulation and the Civil Servant Code of Ethics, the Government Regulation on Civil Servant Discipline, and the Circular Letter of the Chairman of KASN concerning the Neutrality of Civil Servants.
Copyright (c) 2023 Separen, Muhammad Zulhidayat, Sri Endang Kornita (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Restorative justice Approach to Certain Criminal Actions with the Threat of Under Five Years Prison in Functioning Criminal Law as Ultimum Remedium
The purpose of this research is to find out the concept of criminal law renewal to place restorative justice as ultimum remedium in certain crimes with a prison sentence of under five years. This type of normative legal research with the type of legal synchronization. Collecting data on normative legal research uses data collection techniques from a literature study. In drawing conclusions the author uses the deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement. the results of research and discussion can be concluded. First; The restorative justice approach to criminal acts with the threat of imprisonment for under five years finds its footing in the basic philosophy of Pancasila, namely in accordance with the 4th precept of Pancasila "Deliberation to reach consensus". Currently, restorative justice has been regulated in various regulations/policies. The contents of this internal policy show that there is no uniformity in understanding and boundaries of criminal acts that can be resolved through restorative justice and does not create an Integrated Criminal Justice System. and the imposition of criminal sanctions on perpetrators.
Copyright (c) 2023 Windy Rizky Putri, Erdianto Effendi, Zulfikar Jayakusuma (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Presidential Threshold Polemic in the 2019 Election and Before the 2024 Election Contest in Indonesia
The application of the presidential threshold in the presidential nomination election in Indonesia gave rise to various controversies and became a topic of discussion in the country's political system. This research wants to see the presidential threshold polemic in the 2019 election and before the 2024 election contestation in Indonesia. The type of research used is normative legal research. The findings in the 2019 election of the presidential threshold polemic that occurred were a number of political parties objecting to a high threshold, restrictions on the freedom of the people/the best sons and daughters who wanted to advance in the presidential election, the public were given choices that were not varied, weakened the presidential system and contradicted the 1945 Constitution Then the polemic leading up to the 2024 election, namely: elite candidates dominating, alternative candidates are limited, consideration of the Constitutional Court is problematic, article 222 of the law is contrary to article 6A (2) of the 1945 Constitution and democratic space is now limited.
Copyright (c) 2023 Ahmad Shirotol, Mhd. Erwin Munthe, Ridwan Harahap, Alfi Hasanah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Role of the Notary in Resolving Disputes Regarding the Deed of Sale and Purchase Agreement (PPJB) (Case Study at the Notary/PPAT in Pekanbaru City)
The subject matter of this research is the role of a notary in resolving disputes over the Sale and Purchase Agreement Deed (PPJB) made by the parties before him and how the legal force of peace made by the parties before a notary related to the dispute over the Sale and Purchase Agreement Deed (PPJB). This legal research uses an empirical juridical method, which is a method of approaching the problem by looking at the applicable legal norms and then connecting them with legal facts found in the field. While this type of research is descriptive-analytical, namely describing an event that occurs clearly and in detail. The results of the study, the role of a notary in resolving disputes in the Sale and Purchase Agreement Deed (PPJB) made by the parties in front of him the notary can act by providing input on the dispute between the parties in the deed made by the notary, this function is the role of the notary voluntarily as a parties who understands his duties and functions as a notary, and in this case, the notary is also considered to understand the core of the problems that are happening and the legal strength of the peace made by the parties before the notary regarding the dispute of the Sale and Purchase Agreement Deed (PPJB), namely the notary has such an important authority to provide legal counseling and provide information in connection with the making of authentic deeds.
Copyright (c) 2023 Dwi Mutia Sari, Busyra Azheri, Jean Elvardi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Juridical Analysis of Prohibition of Monopoly and Unfair Business Competition in Wholesaler Procedures for Sales of Umrah Tickets by PT. Garuda Indonesia (Persero) Tbk
The Business Competition Supervisory Commission (KPPU) decided that PT. Garuda Indonesia (Persero) Tbk. committing violations related to discrimination and making efforts to close access to distribution channels for direct sales of Umrah tickets to and from Jeddah and Medina through the Wholesaler Program. Where is PT. Garuda issued a policy regarding Middle East Asia (MEA) ticket sales that required Umrah Pilgrimage Organizers (PPIU) to purchase through the six designated wholesalers. The purpose of this research is to find out the legal consequences of the practice of prohibiting monopoly in the wholesaler procedure for selling Umrah tickets by PT. Garuda Indonesia (Persero) Tbk. This study uses a normative juridical research method using a statutory approach (Statutes Approach), namely Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and a case approach (Case Approach), namely Decision Number 06/KPPU-L/ 2020 regarding Alleged Discriminatory Practices of PT Garuda Indonesia (Persero).
Copyright (c) 2023 Redati Tsaniya Sekarsari, Siti Malikhatun Badriyah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Cancellation of a Certificate of Ownership Based on a District Court Decision in Tanah Datar District
The problem formulations in this research are: the reason why the plaintiff did not submit a request for annulment to the BPN, the process of canceling a land title certificate based on a district court decision in Tanah Datar Regency, the status of the sale and purchase of land objects whose certificates are not valid but have not been canceled by the BPN, This research uses normative-empirical juridical methods. The reasons why the plaintiff did not submit an application for cancellation to the BPN were due to the plaintiff's ignorance of the cancellation procedure, physical control and certificates that were still controlled by the defendant, the length of the physical execution process due to resistance and the many requirements for submitting a cancellation to the BPN. 2. The process of canceling a certificate based on a court decision in Tanah Datar District begins with a request from an interested parties and then the file will be analyzed by the Land Office and then sent to the Regional Office, where the Regional Office will issue a decree of cancellation. 3.With the transfer of land rights by a person who is not the actual owner of the transferred land, his actions have clearly violated the principles that apply to land registration activities, namely the Nemo Plus Juris Principle and also the provisions of Article 1320 of the Civil Code, namely a lawful cause. Because the point of a lawful cause is violated, the agreement made by the parties becomes null and void.
Copyright (c) 2025 Intan Mariska Aretra, Zefrizal Nurdin, Anton Rosari (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The position of the Lake Toba Authority Body is based on Presidential Regulation Number 49 of 2016 concerning the Lake Toba Tourism Area Management Authority Body
The Lake Toba Tourism Authority Management Body was formed through Presidential Regulation Number 49 of 2016. After the formation of the Lake Toba Tourism Authority Body, many pros and cons occurred, apart from the issue of overlapping authority between the central government and regional governments regarding management rights, representatives of indigenous peoples also claimed that the Authority Body only carries out unilateral development without involving local indigenous peoples, besides that the agrarian problem of customary land in the Lake Toba area is also a fundamental problem, land and land which initially had no legal certainty and had become the land of local indigenous peoples were suddenly empowered to used for the Lake Toba Tourism Authority Board using the legal basis for Presidential Regulation Number 49 of 2016 concerning the Lake Toba Tourism Area Management Authority Body. The research method used in this study uses a normative research approach, while from the nature of this research it is a descriptive research.
Copyright (c) 2025 Augusto Edytama Prasetia, Siti Malikhatun Badriyah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reformulation of the Return of State Losses as the Basis for Terminating Investigations into Corruption Crimes
This article discuss issue law about urgency of reform of Article 4 of the Law Eradication Action Criminal Corruption in relation with recovery loss state finances and effectiveness enforcement law. Focus study directed at the problems implementation Article 4 which in practice does not provide incentives for perpetrators to recover state financial losses, because even though the losses have been recovered, the legal process continues without any different consequences. The research method used is a normative juridical approach by examining relevant laws and regulations, court decisions, and law enforcement practices. The results of the analysis indicate that the criminal system that emphasizes the retributive aspect is not fully in line with the objectives of national law, namely realizing the benefits and recovery of state finances. As a solution, this study proposes a reformulation of Article 4 by setting a limit of the value of losses below IDR 1 billion, the investigation of which can be stopped if the perpetrator has returned the entire principal loss along with interest and consequences. This approach aims to streamline law enforcement, encourage perpetrators' awareness in recovering state losses, and emphasize the orientation of criminal law on corruption towards restorative fiscal justice. Thus, this reformulation is expected to be able to balance legal certainty, benefits, and justice in efforts to eradicate criminal acts of corruption in Indonesia paragraph.
Copyright (c) 2025 Widia Dewi Anggraini, Hafrida, Erwin (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Beyond Barriers: Optimizing Legal Protection and Inclusive Business Policies for Disability Participation
This research primarily aims to answer the question of how the optimization of legal protection and inclusive business policy models can strengthen the participation of persons with disabilities in the business world in Indonesia. Although a legal framework is available, the participation of persons with disabilities in formal employment remains low, indicating a gap between the legal norm and its implementation.The study employs a qualitative approach using policy analysis and empirical law to identify implementation barriers and formulate solutions based on a collaborative model. The findings indicate that most companies still view inclusive policies as an administrative obligation rather than a sustainable business strategy. Based on these findings, the Three-Pillar Inclusive Business Policy Model was developed : Regulation and Incentives, Internal Corporate Transformation, and Collaboration and Inclusive Capacity. This model integrates the roles of the government, the business sector, and disabled persons' organizations. This model introduces novelty in its inclusive governance approach, which emphasizes the synergy between law and corporate practice to strengthen the inclusive employment ecosystem. The implication is that this policy will not only enhance the effectiveness of the law and corporate compliance but also reinforce social justice and national economic contribution through increased participation of the disabled workforce. Therefore, employment inclusivity must be viewed as a strategic investment toward fair, sustainable, and humanitarian-value-oriented development.
Copyright (c) 2025 Meissy Putri Deswari, Fiyola Triana Eldiva, Ridha Annisa (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Mandatory Convertible Bond Is An Instrument to Pursue Dominant Position Among Shareholders
This study examines the strategic and legal implications of Mandatory Convertible Bonds (MCBs) as hybrid financial instruments that combine the characteristics of debt and equity. MCBs are distinct in that they mandatorily convert into equity at maturity, offering issuers both a mechanism to reduce leverage and a strategic tool to influence ownership structures. In the context of corporate finance, these instruments serve as a bridge between fixed-income security and potential equity participation, providing issuers with lower financing costs while granting investors the opportunity for capital appreciation. Previous studies, such as those by Chemmanur (2006) and Pajak (2008) have predominantly explored the financial efficiency, valuation models, and agency problems related to MCBs. However, limited attention has been given to their legal implications, particularly concerning their potential use in pursuing dominant control among shareholders. This paper adopts a normative juridical research method utilizing statute, conceptual, and comparative approaches to examine how MCBs are regulated and applied in Indonesia, the European Union, and the United States. The findings indicate that mandatory conversion mechanisms allow issuers to strategically dilute existing shareholders and reallocate voting power to selected investors, thereby strengthening corporate control. Such practices demonstrate the dual nature of MCBs—not only as financial innovation but also as instruments with potential implications for corporate governance and fairness among shareholders. The study concludes that to ensure equitable stakeholder protection, the issuance of MCBs requires clear regulatory safeguards and adherence to evolving international standards.
Copyright (c) 2025 Ferdian Handoyo Ang, Go Chin Tjwan, Anthony Lianto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reformulation of Chemical Castration Sanctions for Perpetrators of Sexual Crimes in Review from the Relative Theory of Punishment
This research aims to see whether or not chemical castration sanctions are applied to sex offenders when viewed from the Relative Theory of Punishment and is associated with several examples of decisions. From the research results. The application of chemical castration sanctions against sex offenders has not been implemented effectively in law enforcement in Indonesia because there is still a discrepancy between the provisions of additional punishment determined by the legislator with the facts or circumstances that occur. The Relative theory of punishment views the provision of punishment not as retaliation for the wrongdoing committed by the perpetrator, the justification of punishment lies in its purpose, namely to reduce the frequency of crime. Therefore, it is necessary to reformulate the sanction of chemical castration from various aspects, including socio-philosophical, socio-political, and socio-cultural aspects. The need for a legal breakthrough to provide therapeutic/treatment effects to perpetrators of sexual crimes through psychiatric rehabilitation efforts. Because basically, punishment is no longer solely as retaliation, but to re-educate the person who committed the criminal act to become a useful member of society.
Copyright (c) 2025 Fanita Aditia, Emilda Firdaus, Davit Rahmadan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Mechanism for Settlement of Land Tenure in the Context of Forest Area Planning (PPTPKH) in Karimun Regency
This study examines the mechanism for resolving land tenure issues within the framework of Forest Area Structuring (PPTPKH) in Karimun Regency. The central problem lies in the mismatch between community land tenure and the designation of forest areas, which often generates legal as well as social conflicts. This research employs a normative juridical method with statutory and conceptual approaches, complemented by empirical data through interviews and document analysis at the regional level. The findings indicate that the implementation of PPTPKH in Karimun Regency faces several challenges, including regulatory disharmony between central and local governments, limited spatial data, and weak institutional coordination. The resolution mechanism applied involves administrative and technical verification of land claims, assessment based on principles of social justice and legal certainty, and granting legal access through forest area release, land-swap schemes, or the allocation of land rights under agrarian law. However, the implementation remains suboptimal due to overlapping authorities and limited institutional capacity. This study recommends regulatory harmonization, strengthening land and forestry databases, and enhancing the role of local governments in the PPTPKH process to achieve a fairer, more transparent, and sustainable resolution of land tenure issues.
Copyright (c) 2025 Dedy Sunarto, Darwis Anatami, Siti Nurkhotijah, Nicha Suwalla, Silvia Handayani (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Juridical Analysis of Reclamated Land Rights in Batam City – Case Studies PT. Pasifik Karya Sindo
This study examines the juridical analysis of land rights over reclamation areas in Batam City, with a case study of PT. Pasifik Karya Sindo. The core issue lies in the legal status of reclaimed land, which is not yet comprehensively regulated under Indonesian law, leading to legal uncertainty for both business actors and local authorities. This research employs a normative juridical method with statutory, conceptual, and case study approaches. Data were collected through literature review, analysis of relevant legislation, and examination of legal documents. The findings indicate that reclaimed land essentially remains part of state-controlled coastal areas under the Basic Agrarian Law and sectoral maritime regulations. However, the granting of land rights over reclaimed areas requires clearer legal foundations to avoid conflicts with the principles of legal certainty and justice. The case of PT. Pasifik Karya Sindo illustrates the regulatory disharmony between the authority of the Batam Development Board and the local government, which has resulted in delays in the legalization of reclamation land rights. This study recommends regulatory synchronization between the central government, the Batam Authority, and local government, as well as the formulation of specific regulations on the management of reclamation land to ensure legal certainty and prevent future land disputes.
Copyright (c) 2025 Silvia Handayani, Siti Nurkhotijah, Darwis Anatami, Nicha Suwalla, Dedy Sunarto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
State Accountability for Corporate Climate Offenses : International and Developing Country Legal Perspectives
This study examines state legal responsibility in addressing corporate- driven climate violations in developing countries, focusing on the gap between normative commitments and actual enforcement. The central question is how state liability should be constructed to effectively regulate corporations that contribute significantly to greenhouse gas emissions and environmental degradation. Using a juridical normative and comparative approach, the analysis covers Indonesia, Brazil, and South Africa to identify similarities, differences, and weaknesses in integrating international principles into domestic legal systems. The findings reveal that while national laws recognize the duty to protect the environment and uphold human rights, enforcement remains fragmented, symbolic, and subordinated to short-term economic interests. This creates a structural accountability gap that facilitates corporate impunity, compounded by power imbalances, inadequate institutional capacity, and the absence of robust extraterritorial enforcement mechanisms. The novelty of this research lies in an integrated framework combining state responsibility, corporate accountability, and climate justice, emphasizing extraterritorial obligations and independent national climate adjudication mechanisms. This model operationalizes climate justice as a binding legal standard, harmonizes domestic laws with international obligations, and improves access to justice for affected communities. The tangible output of this study is a normative–comparative regulatory model and policy recommendations for legislators, environmental law practitioners, and international organizations to reform legal frameworks for corporate climate accountability in developing countries. By bridging the gap between norms and practice, the framework offers both conceptual contributions and practical guidance for legal reform, ultimately promoting sustainable development grounded in ecological protection and intergenerational equity.
Copyright (c) 2025 Rian Rusmana Putra, Ilhamda Fattah Kaloko, Irfan Harmain, Dahlan, Taruna Prakarsa (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Unamendable Provisions in The 1945 Constitution to Limit The Power of Constitutional Amendment in Indonesia
The concept of unamendable provisions in the 1945 Constitution of the Republic of Indonesia is an effort to limit the power of constitutional amendments to ensure they remain constitutional. In Indonesia, amendments to the 1945 Constitution are introduced through a highly stringent process, with certain provisions explicitly prohibited from being altered. These provisions aim to protect the fundamental aspects of the constitution, such as the unitary state form and the republican system of government, as stipulated in Article 37, paragraph 5 of the 1945 Constitution. This article examines whether the concept of unamendable provisions can be applied to other provisions not explicitly mentioned within the amendment limits.This research article employs a doctrinal legal approach using historical and conceptual methods, combined with descriptive analysis. Through this approach, the research explores the historical background of unamendable provisions and how this concept is applied in Indonesian legal practice. The findings indicate that, although not explicitly stated in the 1945 Constitution, certain provisions can be considered unamendable constructively, as they are closely related to the fundamental principles underlying the state and government of Indonesia, including provisions on the limitation of the presidential term of office. Unamendable provisions in the 1945 Constitution play a crucial role in maintaining the stability and continuity of the state and in preventing constitutional changes that could undermine the agreed-upon fundamental principles. This underscores the importance of understanding and interpreting these provisions
Copyright (c) 2025 Ilham Azhari, Dodi Haryono, Dessy Artina (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Comparative Law Concept of Restorative Justice Approach to Drug Abuser
Recent decades, the issue of drug protection has become one of the serious problems faced by many countries. The traditional approach that focuses on punishment often fails to reduce the number of drug referrals, and instead causes various other social problems. Therefore, an alternative approach that is more humane and effective is needed. Restorative justice offers a solution that focuses on recovery and reintegrating perpetrators into society. The type of research used in this study is normative legal research, using a comparative law method which examines the principles of law. In the conclusion, the author uses a deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement.
Copyright (c) 2025 M Sadam Husin, Maria Maya Lestari, Davit Rahmadan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Impact of Foreign Direct Investment Policy on the Economy in Indonesia
Given the large number of investors who are starting to be interested in the State of Indonesia, studies related to foreign investment legal policies need to be carried out. The specific purpose of this paper is to see how the economic impact of foreign investment in Indonesia will be. The method to be carried out is Normative Juridical with a legal approach. There are two types of investment in Indonesia, namely Domestic Investment and Foreign Investment. Foreign Direct Investment has a significant impact on economic growth in Indonesia, because foreign investment can create jobs, and opening new job opportunities in developing countries. FDI is one of the sources of state financial savings in line with the increasing economic increase due to investment from foreign parties who invest. With the existence of PMA, the government establishes policies that have been regulated in Law No. 25 of 2007 Article 4.
Copyright (c) 2025 M Yazhar Rayhan Al Farrasy, Nur Hidayatul Fithri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Implementation of Criminal Sanctions in Falsification of Tax Returns that Harm the State
Crime can occur in various aspects including tax administration which leads to tax crimes. The application of criminal sanctions against falsification of tax notification letters that harm the state must be optimised. This research raises issues related to how the application of criminal law arrangements regarding falsification of tax notification letters that harm the state? how the application of criminal law sanctions against falsification of tax notification letters that harm the state? how criminal law efforts in applying sanctions against falsification of tax notification letters that harm the state? The purpose of this research is to answer the problems that are the issue of this research discussion. The importance of this topic of discussion is to provide education to the public regarding the legal consequences of the crime of forgery of letters that harm the state. This research uses a normative juridical method that priority the study of laws and regulations (library research). This research has findings, namely this research recommends strengthening the legal substance sector through the issuance of tax counterfeiting laws with heavier sanctions accompanied by restitution to the state.
Copyright (c) 2025 Mutiara Fadia Silalahi, Ismail Koto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Role of Standardization of Goods in the Context of Protecting the Interests of Car Spare Part Consumers in Pekanbaru
The purpose of this study is to determine the important role of standardization in various policies and public interests in controlling product quality, especially regarding the standardization of car spare parts products in order to guarantee the interests and provide consumer protection for car users. This type of research is field legal research or sociological research. Data collection techniques in sociological legal research through interviews with related parties, distributing questionnaires, and literature studies. In drawing conclusions, the author uses a deductive thinking method, namely starting from a general proposition whose truth is already known (believed) and ending with a more specific conclusion (new knowledge). The implementation of SNI is basically voluntary, but in matters relating to interests, safety, and security, the ministry or authorized non-ministerial government agency can stipulate the mandatory implementation of SNI through a Ministerial Regulation or Regulation of the Head of a Non-ministerial Government Agency. In this regard, car spare parts are a very important component of a car. However, currently the regulation regarding the standardization of car spare parts, including in Pekanbaru City, has not been regulated by the relevant party, namely the government through the National Standardization Agency (BSN), even though standardization plays a very important role in protecting consumers.
Copyright (c) 2025 Silmia Dahnil, Hayatul Ismi, Zulfikar Jayakusuma (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Judge's Dilemma in Determining Bankruptcy Decisions: Dichotomy Between Supreme Court Circular Letter Number 3 of 2023 and Law 37 of 2004 Concerning Bankruptcy- PKPU
This study aims to examine the dilemma faced by judges in determining bankruptcy decisions, especially in the context of conflict between Supreme Court Circular Letter Number 3 of 2023 and Law 37 of 2004 concerning Bankruptcy-PKPU. The research method used is a normative research method that focuses on analyzing laws and regulations, court decisions, and related legal documents. This approach allows researchers to understand and analyze relevant legal aspects to obtain a comprehensive understanding of the judge's dilemma in determining bankruptcy decisions. In the context of normative research, the researcher conducted an in-depth study of the conflict between Supreme Court Circular Letter Number 3 Year 2023 and Law 37 Year 2004 on Bankruptcy-PKPU. This research explores how judges face the challenge of applying different regulations and their potential impact on their decisions. The analysis is conducted with reference to applicable legal principles, legal interpretations, as well as relevant cases in court practice. The results of this study are expected to contribute to clarifying the framework of thought and legal solutions to the problem of judges' dilemma in the context of bankruptcy in Indonesia. In addition, this research can also serve as a basis for stakeholders, both legal practitioners and policy makers, to consider the necessary steps to minimize legal conflicts and improve consistency and fairness in handling bankruptcy cases.
Copyright (c) 2025 M.O. Saut Hamonangan Turnip, Geofani Milthree Saragih, Evanto Pandora Manalu (Author) https://creativecommons.org/licenses/by-nc-sa/4.0