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- New
- Research Article
- 10.59141/jrssem.v5i8.1355
- Mar 9, 2026
- Journal Research of Social Science, Economics, and Management
- Taufik Hidayat + 3 more
Mega-scale national strategic projects, such as the development of Indonesia's new capital city (Ibu Kota Nusantara, IKN), situate construction contracts within a highly complex legal environment shaped by multi-party participation, substantial economic value, and heightened public interest considerations. Such complexity increases the risk of construction disputes that may adversely affect not only the contractual relations of the parties but also project continuity and overall legal certainty. This article develops an integrated construction dispute resolution framework that reconciles contractual enforceability and compliance with governing law with procedural efficiency in dispute resolution. Through a doctrinal and conceptual analysis of construction dispute resolution mechanisms—namely litigation, arbitration, and Alternative Dispute Resolution (ADR) processes such as mediation, negotiation, and Dispute Boards—the study demonstrates that embedding ADR mechanisms within well-drafted and enforceable dispute resolution clauses enhances the effectiveness of dispute management without diluting legal certainty. The proposed framework emphasizes the role of tiered dispute resolution clauses and escalation procedures as risk allocation and dispute avoidance tools, operating both preventively and remedially throughout the project life cycle. This study contributes to the refinement of construction contract drafting and dispute system design in national strategic projects and offers normative guidance for policymakers, contract drafters, and construction law practitioners in developing responsive and sustainable dispute resolution regimes.
- New
- Research Article
- 10.58578/ahkam.v5i1.9229
- Mar 3, 2026
- AHKAM
- Daud Bunar Buwono + 4 more
Although the issue of legal protection for Traditional Cultural Expressions (TCEs) has been widely examined, studies that specifically investigate the forms and obstacles of legal protection for Seren Taun Ciptamulya as a TCE belonging to the Masyarakat Hukum Adat Kasepuhan Ciptamulya in Sukabumi Regency remain limited. This study aims to analyze the forms of legal protection for Seren Taun Ciptamulya implemented by the Regional Government of Sukabumi Regency and to identify the obstacles encountered in its implementation. A normative-empirical approach with a descriptive-analytical design was employed, involving two key informants, namely the customary leader of Kasepuhan Ciptamulya and the Head of the Culture and Tourism Office of Sukabumi Regency, selected through purposive sampling. Data were collected through literature study of legislation and relevant scholarship, as well as in-depth interviews, and were analyzed qualitatively. The findings show that legal protection for Seren Taun Ciptamulya is manifested in two main forms: preventive protection through a multi-level regulatory framework comprising the Copyright Law, the Law on Cultural Advancement, government regulations related to communal intellectual property (KIK), and regional regulations; and repressive protection through copyright dispute resolution mechanisms. However, implementation of this protection still faces three principal obstacles: (1) legal substance issues, particularly delays in the formulation of implementing regulations; (2) legal structure issues, including suboptimal coordination between the regional government and the customary community; and (3) legal culture issues, reflected in shifting values and declining commitment among younger generations to safeguarding tradition. The study concludes that synergy between legal substance, structure, and culture is a key prerequisite for effective protection of TCEs, and recommends strengthening coordination between regional government and customary communities as well as accelerating the inventory of TCEs as the basis for participatory and sustainable policy formulation. The implications of this research include theoretical contributions to the development of communal intellectual property law and practical guidance for local governments in designing more responsive protection models for TCEs that are attuned to socio-cultural dynamics, while also opening opportunities for comparative studies with sui generis protection schemes in other countries and with respect to the management of TCE commercialization.
- New
- Research Article
- 10.54691/nhkx3b96
- Mar 2, 2026
- Frontiers in Humanities and Social Sciences
- Hao Dong
As an important mechanism for the substantive resolution of administrative disputes, administrative reconsideration mediation has experienced a legislative evolution in China from being strictly prohibited to being fully recognized. The newly revised Administrative Reconsideration Law has established it as a basic principle and fundamental procedure. Based on the current legislative status and local practice of administrative reconsideration mediation, this paper analyzes the existing problems such as the ambiguous definition of the scope of application of mediation, insufficient supply of procedural rules, systemic lack of supervision and restriction mechanisms, and the inadequate exertion of supervision functions. In response to the above problems, we should clarify the scope of application by defining the categorized applicable limits and establishing a negative list system, construct a systematic set of procedural rules for the initiation, negotiation and termination of mediation, improve a supervision system integrating internal assessment and external procuratorial supervision, and explore the supervision path of administrative reconsideration opinions in the review of normative documents. By doing so, we can promote the systematic construction of the administrative reconsideration mediation system and effectively exert its due function in the construction of the main channel for resolving administrative disputes in China.
- New
- Research Article
- 10.46870/milkiyah.v5i1.1638
- Feb 28, 2026
- Milkiyah: Jurnal Hukum Ekonomi Syariah
- Ris Malasari + 2 more
The rapid growth of e-commerce in Indonesia has triggered a corresponding increase in consumer protection issues, which is an urgent problem that this study seeks to examine. This study aims to uncover the practice of consumer protection that occurred in Indonesia within the implementation of e-commerce transactions, which is then analysed using the perspective of positive and Islamic laws. Using a normative-empirical legal approach, the study evaluates the compatibility of practices with Sharia principles. We employed a normative-empirical analysis to evaluate e-commerce transactions in Indonesia through the dual lenses of Sheikh Wahbah al-Zuhaili’s fiqh muamalah and the law concerning Consumer Protection (UUPK). Empirical findings show that businesses have limited legal literacy and ethical awareness, often delegating consumer protection responsibilities to platforms and failing to enforce the rights guaranteed by the Consumer Protection Law (UUPK), as seen in widespread issues related to misleading product representations and inadequate dispute resolution mechanisms. Nevertheless, government oversight and formal dispute resolution mechanisms, such as the Consumer Dispute Resolution Agency, are inadequate for the scale and complexity of the digital market. Normatively, this study combines these findings with Sheikh Wahbah al-Zuhaili's Islamic legal framework, showing that common digital practices, such as non-transparent product descriptions and hidden fees, violate the basic pillars of contracts and introduce the prohibited elements of gharar (uncertainty) and tadlīs (deception), thereby rendering transactions invalid under Islam. The study underlines that the ethical principles of fiqh muamalah (trust, justice, and honesty) align with the objectives of the UUPK, together forming a coherent basis for reform. To bridge the current gap, an integrated regulatory approach is essential, combining enhanced law enforcement, business ethics education, and the development of a transparent, Sharia-compliant digital system for online verification and dispute resolution.
- New
- Research Article
- 10.36128/nymhx852
- Feb 19, 2026
- LAW & SOCIAL BONDS
- Thông Bùi
This paper explores how Southeast Asia can build the legal foundations to support a “Twin Transition”: the shift toward both digital transformation and green sustainability, through Public-Private Partnerships (PPPs). Given ASEAN’s diverse legal systems, climate risks, and infrastructure gaps, PPPs are key to attracting private investment and innovation. But managing both digital and green goals in long-term contracts requires legal frameworks that are flexible, fair, and adapted to regional realities. This paper details a range of legal tools and mechanisms crucial for navigating this nexus in Southeast Asia. This includes the evolution of performance-based contracts to encompass both digital efficiency metrics and specific environmental outcomes, alongside innovative risk allocation strategies for technological obsolescence, cybersecurity, and climate-related events pertinent to the region. The paper examines the transformative potential of smart contracts and blockchain for enhancing transparency, accountability, and automated compliance in ASEAN’s digital-green projects, while also addressing their inherent vulnerabilities and regulatory challenges across diverse jurisdictions. Furthermore, it delves into the critical role of comprehensive data governance frameworks, including privacy-enhancing technologies and emerging AI governance standards, to manage the vast data generated by smart green infrastructure. Finally, it highlights the importance of fostering adaptive regulatory sandboxes for accelerating innovation, establishing robust dispute resolution mechanisms for complex, integrated projects, and leveraging existing and emerging international legal norms (e.g., cross-border data privacy rules, ASEAN digital integration frameworks) for facilitating greater regional collaboration in the Twin Transition. Ultimately, this paper advocates for a proactive, adaptive, and ethically grounded legal architecture within ASEAN that can effectively bridge the divide between digital innovation and environmental stewardship, enabling PPPs to fully realize their potential as catalysts for a truly sustainable, technologically advanced, and resilient future across Southeast Asia.
- Research Article
- 10.30652/0e0w4q95
- Feb 13, 2026
- Jurnal Ilmu Hukum
- Nexie Nexie Nurafifah + 2 more
This article analyzes dispute resolution in housing purchase transactions between consumers and a housing developer, focusing on the failure to fulfill consumer rights and the effectiveness of dispute resolution mechanisms. The study aims to identify juridical factors causing disputes and to examine how dispute resolution mechanisms operate in practice. This research employs a sociological legal approach by combining primary data obtained through structured interviews and questionnaires with secondary data derived from legal materials and relevant legal literature. The findings indicate that disputes arise primarily from the developer’s lack of transparency in providing accurate information, financial incapacity to complete housing construction, and absence of good faith in fulfilling contractual obligations. Dispute resolution efforts are predominantly pursued through non-litigation mechanisms such as consultation and negotiation. However, these mechanisms have not produced optimal outcomes due to weak commitment from the developer, differences in interests between the parties, and insufficient government supervision. This study contributes to consumer protection discourse by emphasizing the need for stronger supervision, transparency, and good faith in housing development practices to ensure effective protection of consumer rights.
- Research Article
- 10.37284/eajle.9.1.4503
- Feb 13, 2026
- East African Journal of Law and Ethics
- Paschal Stephen Saro
This study examines the recent changes in Tanzanian labour laws under the Labour Laws (Amendments) Act, Revised Edition 2023 of 2025, and their practical impact on employers and employees in mainland Tanzania. Using a doctrinal legal research methodology, the research critically analyses primary sources, including the Employment and Labour Relations Act (Cap 366, R.E 2023), the Public Service Act, Labour Institutions Act, Standing Orders of the National Assembly, and other relevant statutes, as well as secondary sources such as books, scholarly articles, legal commentaries, and online reports. The study explores the historical evolution of labour law in Tanzania, highlighting pre-colonial, colonial, and post-independence labour practices, the challenges faced, and reforms introduced over time. It identifies both positive and negative practical impacts of the 2025 amendments, including enhanced employee protection, clarified contractual obligations, strengthened dispute resolution mechanisms, and gaps in enforcement, informal sector coverage, and social security compliance. The research further provides practical realities left unimplemented by the laws and areas where statutory provisions remain symbolic due to weak monitoring and low legal awareness. Based on these findings, the study recommends strengthening enforcement mechanisms, enhancing legal literacy, expanding social security coverage, improving the efficiency of dispute resolution, formalising employment in the informal sector, and promoting gender equality and family-friendly workplaces. The study provides valuable insights for policymakers, employers, trade unions, and legal practitioners seeking to bridge the gap between legal reforms and workplace realities in Tanzania.
- Research Article
- 10.9734/arjass/2026/v24i2874
- Feb 13, 2026
- Asian Research Journal of Arts & Social Sciences
- Mazgebu Abebe Wadejo + 1 more
This study examines the institutional determinants influencing the implementation of gender-based violence policies in Oromia, Ethiopia, focusing on the moderating role of urban-rural contexts. While national and regional gender-based violence policies are well-established, their effectiveness at the community level is inconsistent, with rural areas facing considerable challenges. These challenges include weak institutional capacity, cultural resistance, limited access to services, and reliance on informal dispute resolution mechanisms. The study combines both qualitative and quantitative methods, including a Likert scale questionnaire and in-depth interviews with a diverse group of stakeholders, such as community elders, rural women, health workers, police officers, and local government officials. The quantitative data were analyzed using Structural Equation Modeling and Qualitative data analysis by NVivo 14 software. The findings reveal notable differences between urban and rural areas: urban regions benefit from stronger institutional support, better public awareness, and greater access to services, while rural areas face barriers such as cultural resistance, weak enforcement mechanisms, and limited institutional capacity, hindering effective policy implementation. The study highlights the need for targeted, context-sensitive interventions to raise community awareness, strengthen institutional capacity, and improve coordination, particularly in rural areas. These findings offer valuable insights for policymakers, non-governmental organizations, and civil society organizations aiming to improve gender-based violence policy outcomes in Ethiopia, with recommendations for developing an inclusive, culturally sensitive support system for survivors across both urban and rural contexts.
- Research Article
- 10.61968/journal.v6i1.129
- Feb 13, 2026
- International Journal of Latin Notary
- Rateh Nyimas Intan + 2 more
This study examines the legal standing of condominium owners' association establishment deeds created independently by unit owners and residents when the developer company is declared bankrupt. The research also identifies appropriate dispute-resolution mechanisms for resolving disputes between residents and bankrupt developers regarding association formation. This study employs a normative juridical method, drawing on statutory and case law. Law Number 20 of 2011 concerning Condominiums mandates developers to establish owners' associations within a specified period. However, in practice, developers fail to fulfil this obligation, leaving residents without legal representation in collective property management. In such circumstances, unit owners may independently form their association through deliberation, documented in a notarial deed. The findings demonstrate that association establishment deeds created independently by residents possess valid legal standing and binding force, provided they satisfy the requirements under Article 1320 of the Indonesian Civil Code and comply with applicable procedural regulations. The developer's bankruptcy status does not invalidate a previously established association, as the association constitutes an independent legal entity separate from the developer. Dispute resolution should prioritise mediation to achieve mutual agreement among the parties. However, when mediation fails due to the developer's bad faith or unwillingness to transfer management authority, residents may file lawsuits to obtain legal certainty and compensation for damages incurred. Additionally, developers who neglect their obligation to facilitate association formation may be subject to administrative sanctions under condominium regulations.
- Research Article
- 10.65310/vfhfek84
- Feb 12, 2026
- Journal of Legal, Political, and Humanistic Inquiry
- Kodrat Insany Taqwim + 2 more
The application of FIDIC-based construction contracts in Indonesian toll road projects raises significant normative questions regarding their compatibility with the national legal framework. This study employs a normative legal approach, combining statutory, conceptual, and comparative analyses to examine the alignment between FIDIC contractual structures and Indonesian Construction Services Law, the Civil Code, and the Arbitration Act. The findings indicate that while FIDIC reflects common law traditions emphasizing party autonomy, detailed risk allocation, and multi-tier dispute resolution mechanisms, Indonesian law imposes mandatory norms that limit contractual freedom in the interest of public order and legal certainty. Normative tensions primarily arise in clauses concerning risk distribution, variations, claims management, and the finality of dispute board and arbitral decisions. Nevertheless, these tensions do not render FIDIC inapplicable. Instead, adaptive drafting and systematic interpretation enable its integration within the Indonesian civil law system. Proper harmonization ensures that FIDIC contracts remain legally valid while supporting efficiency, certainty, and accountability in the delivery of strategic toll road infrastructure projects.
- Research Article
- 10.37284/eajle.9.1.4488
- Feb 11, 2026
- East African Journal of Law and Ethics
- Abdulswamad Haji Sunna
Village land use planning in Tanzania is a critical instrument for sustainable rural development, environmental management, and equitable access to land. Despite the enactment of the Village Land Act R.E 2023, the Land Act R.E 2023, and the Land Use Planning Act R.E 2023, the implementation of statutory land use planning faces numerous legal challenges. This study identifies and analyses seven major challenges, including the conflict between customary land tenure and statutory frameworks, weak enforcement of planning provisions, overlapping authority between central and local government, marginalisation of vulnerable groups, corruption, limited institutional capacity, and inadequate dispute resolution mechanisms. The research employs a doctrinal legal methodology, relying on statutory interpretation, judicial decisions, and scholarly works, including books and journal articles, to critically examine the laws governing village land use in Tanzania. The study reveals significant gaps between statutory provisions and practical implementation, showing that cultural practices, institutional weaknesses, and legal ambiguities undermine the effectiveness of land use planning. Recommendations are provided to harmonise customary and statutory systems, strengthen enforcement, protect vulnerable groups, enhance institutional capacity, and improve dispute resolution processes. The findings contribute to a deeper understanding of legal reforms needed to ensure equitable, transparent, and sustainable village land use planning in Tanzania.
- Research Article
- 10.52419/issn2782-6252.2025.4.26
- Feb 11, 2026
- Legal regulation in veterinary medicine
- F G Shukhov
The article provides a comprehensive analysis of the legal features of animal transportation in the territory of the Eurasian Economic Union (EAEU). The relevance of the research is determined by the need to harmonize legislation and eliminate systemic barriers to the development of foreign economic activity. Based on the analysis of modern arbitration practice, including cases on customs value adjustment and reclassification of goods, the key problems of customs administration in the EAEU have been identified. The central ones are the asymmetry in evidence, where the burden of refuting customs doubts falls on the declarant, as well as the imperfection of the expert infrastructure. In contrast, there is a tendency in the EU to progressively detail the regulatory framework based on scientific evidence. In conclusion, the authors propose ways to improve the legal regulation of the EAEU, including the unification of examination methods and the creation of pre-trial dispute resolution mechanisms, which will help achieve a balance between the fiscal interests of the state and the creation of favorable business conditions.
- Research Article
- 10.62885/legisci.v3i4.1058
- Feb 6, 2026
- Jurnal Legisci
- Ibnu Sina Nur Ubay + 3 more
Background. This study analyzes the effectiveness of consumer protection regulations in online buying and selling transactions in Indonesia by highlighting the gap between normative legal certainty and real protection experienced by consumers in the digital marketplace ecosystem. The scope of the study includes the implementation of consumer protection laws in e-commerce transactions as well as structural, institutional, and sociological factors that hinder their effectiveness. Aims. The research aims to critically examine the application of the applicable legal framework in practice and to identify systemic causes of repeated violations, such as mismatches in goods, misleading product information, and limitations in consumer rights recovery mechanisms. Method. The method used is normative legal research, drawing on legislative, conceptual, and analytical-critical approaches. Primary legal materials consist of laws and regulations related to consumer protection and electronic transactions, supported by secondary legal materials from reputable international journals, OECD and UNCTAD reports, and documentation of consumer complaints over the last five years. Data were collected through literature review and document analysis, with validation using source triangulation and theory. Results. The results of the study show that although the normative framework for consumer protection in Indonesia is relatively comprehensive, its implementation in e-commerce remains weak due to weak law enforcement, low consumer legal literacy, fragmentation of responsibilities among digital business actors, and regulatory ambiguity regarding the role of marketplaces. Conclusion. Using Legal System Theory, information asymmetry, contractual justice, and economic analysis of the law, this study concludes that consumer protection remains dominant in the books but has not fully functioned in practice. Implementation. It is necessary to strengthen market accountability, simplify digital dispute-resolution mechanisms, and increase consumer legal literacy.
- Research Article
- 10.55606/eksekusi.v4i1.2290
- Feb 3, 2026
- Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara
- Moch Gufron Fajar Rezki + 2 more
Online arbitration has emerged as a significant innovation in dispute resolution systems in the digital era, as information technology has become the primary foundation for various legal activities. This mechanism offers a new way to resolve disputes through the use of digital platforms that enable parties to interact without geographical boundaries. This study aims to analyze the relevance, challenges, and changes in legal processes brought about by online arbitration in the modern context. Using a juridical-normative method, the study examines the applicable legal framework, doctrine, and academic literature to understand how digitalization affects arbitration procedures. The analysis shows that online arbitration has strategic value because it can provide efficiency, flexibility, and accessibility not always found in conventional arbitration. However, its implementation still faces various issues, such as data security, technological capability gaps, the integrity of electronic evidence, and the lack of comprehensive legal standards. On the other hand, digitalization has also driven significant changes in the structure of procedural law, including the simplification of procedures and the expansion of the recognition of electronic evidence. This study confirms that the success of online arbitration requires regulatory harmonization, increased technical capacity of the parties, and strengthening of digital infrastructure so that it can function as an effective, fair, and adaptive dispute resolution mechanism to technological developments.
- Research Article
- 10.65211/ijsl.v2i1.9
- Feb 1, 2026
- International Journal of Sharia and Law
- Muhammad Said + 2 more
This study aims to examine the effectiveness of the al-shulhu approach in resolving Islamic economic disputes, particularly in cases of breach of murabahah contracts in Indonesia. Employing a qualitative approach with a library research design, this study collects data from academic journals, books, and regulations such as DSN-MUI fatwas through qualitative content analysis. Source selection was based on criteria of relevance to the topic, recency of publication (focusing on the 2020–2025 range). The findings indicate that al-shulhu, rooted in the principle of sulh in the Qur’an (Surah An-Nisa: 128), is an effective dispute resolution mechanism as it emphasizes justice (al-‘adl), honesty (as-sidq), and mutual consent (ridhā). This approach enables solutions such as financing restructuring or penalty reductions without violating sharia principles, while maintaining social harmony between Islamic banks and clients. However, the application of al-shulhu faces challenges, including the lack of a clear legal framework, inconsistent implementation across institutions, and a shortage of competent mediators with expertise in Islamic law. This study contributes to academic discourse by bridging classical Islamic legal theory with modern dispute resolution practices and provides practical recommendations for Islamic financial institutions and regulators, such as OJK and DSN-MUI, to integrate al-shulhu into the national legal system through clear regulations and mediator training. The study recommends further empirical research to enhance understanding of al-shulhu’s application in religious courts and Islamic financial institutions.
- Research Article
- 10.32890/uumjls2026.17.1.6
- Jan 31, 2026
- UUM Journal of Legal Studies
- Yordan Gunawan + 1 more
This research aims to analyse the legal dispute between Indonesia and the European Union (EU) concerning countervailing duties on biodiesel imports. Employing a normative qualitative legal research method, the study relies on both primary data, such as WTO legal instruments, panel reports, and dispute settlement documents, and secondary sources, including academic journals, policy papers, and relevant news reports. A case study approach was used to critically assess the role of the World Trade Organization (WTO) in resolving the dispute and the potential of arbitration as an alternative mechanism. The findings indicated that arbitral considerations largely favour Indonesia, affirming that the EU’s measures are inconsistent with WTO rules. Practically, the research suggests arbitration as a future-oriented instrument for trade dispute settlement, while highlighting its limitations in implementation and relevance for policymakers and legal practitioners. Academically, this study contributes by offering a critical perspective on how WTO law interacts with state sovereignty and provides insight into the underexplored role of arbitration in international trade disputes, thereby addressing gaps in existing literature. The research argues that arbitration provides a fair mechanism for dispute resolution. However, if arbitration cannot be achieved, parties may resort to litigation before national courts, or, where jurisdiction has been previously recognised, seek recourse to an international court. Without mutual consent or an established jurisdictional basis, submission to an international court would not be possible.
- Research Article
- 10.32890/jbma2026.16.1.3
- Jan 31, 2026
- Journal of Business Management and Accounting
- Abdul Razak
The sustainability of the franchise industry is increasingly influenced by the quality and adaptability of regulatory frameworks that govern franchisor-franchisee relationships. In Malaysia, the Franchise Act 1998 provides a foundational legal structure; however, concerns remain regarding its enforcement effectiveness, alignment with international standards, and adaptability to modern franchise practices. This study aims to evaluate the strengths and limitations of Malaysia’s regulatory environment and benchmark it against global best practices from advanced franchise economies such as the United States, Australia, and the European Union. Using a qualitative comparative methodology, the research incorporates semi-structured interviews with policymakers and franchise stakeholders, complemented by document analysis of legal statutes and policy reports. Findings reveal that although Malaysia’s regulatory framework promotes transparency and registration compliance, it lacks enforceable penalties, structured dispute resolution mechanisms, and franchisee representation. In contrast, jurisdictions like the U.S. and Australia implement rigorous disclosure requirements, good-faith obligations, and tiered enforcement strategies that contribute to industry resilience and stakeholder trust (FTC, 2021; ACCC, 2020). The study identifies policy gaps such as ambiguous definitions, procedural delays, and limited use of digital compliance systems, all of which hinder operational efficiency and investor confidence. The study contributes theoretically by emphasizing the role of institutional quality in franchise performance (Alon et al., 2021; Yin & Luo, 2023), and practically by offering policy recommendations including digitalization, franchisee advocacy platforms, and regulatory reforms. These findings are relevant to policymakers, franchise operators, and scholars seeking to enhance the long-term sustainability of the franchise sector in emerging markets.
- Research Article
- 10.36948/ijfmr.2026.v08i01.67319
- Jan 29, 2026
- International Journal For Multidisciplinary Research
- Ram Baghel + 1 more
India’s traditional legal system was deeply rooted in its cultural fabric, reflecting the values, beliefs, and customs of its diverse communities. Justice was not merely a legal concept but a moral and social obligation intertwined with religious and customary laws. Dharma formed the centre of this system, which incorporated righteousness, duty, and justice as key principles for preserving social order. The pre-colonial legal system was the mirror of diverse cultures in India, which relied on harmony, duty, and social coherence with Hindu Dharmashastra, Islamic Sharia, and indigenous tribal traditions as its tenets. The indigenous mechanisms of dispute resolution were largely community-driven, with Panchayats, caste councils, and religious authorities playing a central role in administering justice. These focused on reconciliation and restorative justice, ensuring that legal decisions aligned with societal values and traditions. British colonization, on the other hand, introduced a centralized legal system emphasizing retributive justice, individual rights, and bureaucratic procedures, replacing India's traditional community-based mechanisms. While this shift standardized and modernized legal principles, it marginalized indigenous justice traditions. Even after independence, India retained much of the colonial framework and is still working to gradually adapt it to align with its cultural values. Indian Judiciary has ever since been working to balance western influences with India's socio-cultural realities. This paper delves into India's legal evolution, highlighting the balance between Western influences and indigenous traditions. It explores challenges in integrating imported legal principles, the impact of globalization, and the evolution of criminal laws. Ultimately, it argues for a nuanced approach to modernization that preserves cultural heritage while ensuring justice.
- Research Article
- 10.59581/doktrin.v4i1.5956
- Jan 29, 2026
- Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
- Rahma Diana + 6 more
The development of electronic commerce (e-commerce) in Indonesia has grown rapidly alongside the increased use of digital technology by the public. While offering convenience and efficiency in transactions, e-commerce also presents various legal challenges that may harm consumers, such as unclear product information, personal data breaches, and weak dispute resolution mechanisms. These conditions highlight the importance of consumer legal protection in digital transactions. This study aims to analyze consumer legal protection in e-commerce transactions, focusing on existing challenges and legal remedies based on Law Number 8 of 1999 concerning Consumer Protection and Government Regulation Number 80 of 2019 on Trade Through Electronic Systems. The research employs a qualitative method with a normative juridical approach. Data were collected through literature review of primary legal materials, including laws and regulations, as well as secondary materials such as journals, books, articles, and other relevant sources. The findings indicate that consumer legal protection in Indonesian e-commerce transactions has an adequate legal foundation. Law Number 8 of 1999 serves as the main basis for protecting consumer rights, while Government Regulation Number 80 of 2019 strengthens regulations in response to digital commerce developments. However, implementation remains challenging, particularly regarding supervision and consistent law enforcement. Therefore, stronger government involvement, increased responsibility of e-commerce businesses, and improved consumer awareness are needed to achieve effective and sustainable consumer protection.
- Research Article
- 10.46924/jihk.v7i2.430
- Jan 28, 2026
- JIHK
- Ahmad Widad Muntazhor + 3 more
Private Higher Education Institutions (PTS) in Indonesia are private legal entities with full legal capacity to enter into agreements with third parties, acquire rights, assume obligations, and engage in contractual relations. In its various academic and non-academic activities supporting the Tri Dharma, civil disputes are inevitable. Litigation before the court is still commonly used, yet the judicial process is time-consuming, costly, formalistic, and publicly open to scrutiny—potentially harming institutional reputation. Arbitration emerges as an alternative dispute resolution mechanism that is normatively recognized within Indonesian law, produces final and binding awards, and provides a dispute settlement model that is faster, confidential, flexible, and more compatible with contemporary business needs. This article examines the strategic use of arbitration by PTS as an instrument of good university governance and legal risk management. A clear arbitration clause prevents forum shopping and jurisdictional conflicts before disputes escalate further. Consequently, arbitration should not merely be treated as an optional clause within contracts, but as a deliberate institutional policy to ensure legal certainty, efficiency, and the preservation of institutional credibility