Indonesian Legal System Research Articles

Pancasila Legal System: Balancing The Fulfillment Of National Moral Values And Law Enforcement In Indonesia

This normative research delves into the Pancasila legal system in Indonesia, evaluating its impact on the nation's moral values and the enforcement of law. Pancasila, embodying the core principles of Indonesian society, encompasses values such as divinity, humanity, unity, democracy, and justice. Despite its significance, the study argues that the Pancasila legal system has yet to manifest substantially in the fabric of national life. The research, employing literature review methodology, positions Pancasila as a philosophy guiding law enforcement, urging a reevaluation of legal systems rooted in the wisdom of societal values. The imperative lies in bridging the gap between legal certainty and substantive justice, fostering a legal framework that resonates with the cultural richness of Indonesian society. This research advocates for a critical examination of the legal system, rooted in indigenous wisdom, to better align it with the aspirations of the nation and its people.
 Highlights:
 
 Cultural Foundations: The research critically examines the Pancasila legal system, emphasizing its role as a crystallization of Indonesia's cultural values, including divinity, humanity, unity, democracy, and justice.
 Guiding Philosophy: Pancasila is positioned as a guiding philosophy for law enforcement, highlighting its potential to shape the ethical foundation and moral compass of legal practitioners in Indonesia.
 Call for Reevaluation: The study advocates for a reevaluation of the legal system, urging a return to indigenous wisdom and cultural values to bridge the gap between legal certainty and substantive justice in Indonesian society.
 
 Keywords: Pancasila, Legal System, Moral Values, Law Enforcement, Indonesia

Optimizing Legal Protection of Parties in Smart Contracts Within the Indonesian Legal System

Purpose: The development of digital finance is leading to the increasing use of Smart Contracts because of their simple and self-executing characteristics. However, there exists the potential for legal loopholes, including protection of the included parties aside from the simplicity and convenience. Methods: A normative method using primary, secondary, and non-legal materials was adopted. Meanwhile, legal materials were collected through literature review and analytical methods based on deductive syllogism. Results and Conclusion: The results showed that the synchronization of regulations supported the development, certainty, and stability of the Indonesian economy. The application of contracts law, technological neutrality, and privacy principles in Indonesian regulations related to the proliferation of technology-based contracts was adequate. Research implications: Therefore, this research analyzed the extent to which the Indonesian legal system afforded adequate protection to parties and identified the improvements necessary for the future development of Smart Contracts. Originality/value: It analyzes the importance of existing regulations with the social demands of the community to ensure the prompt establishment of economic certainty and stability.

Timeline of the Concept of Child Regulations Out of Wedlock (Study of Family Law Rules in Indonesia)

Rules regarding children out of wedlock in Indonesia are divided into three laws starting from the Marriage Law, the Presidential Instruction on KHI, and the Civil Code. Following the Constitutional Court Decision No.46/PUU-VII/2010 the rules regarding children out of wedlock in the Marriage Law have also undergone re-reading. Each legal regulation for children out of wedlock has different legal consequences, so it is interesting to study about the concept of children out in the timeline of civil law regulations in Indonesia. This paper aimsis to find out the concept of children out of wedlock in the timeline of legal regulations in Indonesia. This research uses normative legal research with a statutory approach. The results of this study stated that the regulation of children out of wedlock was accommodated after the recognition of the Civil Code in the Indonesian legal system. On January 2, 1974 the provision of children out of wedlock was regulated in Article 43 paragraph (1) of the Marriage Law, after the promulgation of the Presidential Instruction on KHI the provision of children out of wedlock was regulated in Article 100 of the Presidential Instruction on KHI where children out of wedlock only had civil rights with the mother and her mother’s family. And, Constitutional Court Decision No.46/PUU-VII/2010 makes children out of wedlock have civil rights with their mother and father as long as it can be proven by technology and science.
 Keywords: timeline, concept, child regulations out of wedlock, family law, Indonesia

The Recovery of State Assets Due to Bankruptcy in State-owned Enterprises

This research intended to examine the elements of state loss on Indonesian corruption regulations and to assess the effort of asset recovery concerning state loss, resulting from corruption based on Indonesian law. This was normative legal research employing the statutory approach, the conceptual approach, the fact approach, and the case approach. The study revealed that the components of state loss consist of actual shortages of cash, securities, and goods; it was caused by illicit actions, either intentionally or negligently; and losses whose amount can be calculated based on the findings of the authorized agency or appointed public accountant. In the Indonesian legal system, asset recovery initiatives can be analyzed through the lens of both criminal and administrative laws. According to criminal law, asset recovery can occur in multiple stages of the criminal justice system, whereas under administrative law, asset recovery must comply with Article 34 of Government Regulation No. 48 of 2016 on the procedures for imposing administrative sanctions on government officials.
 Keywords: bankruptcy, state assets, state-owned enterprises

The Pancasila in the Age of Digital Society 5.0: Indonesia Legal System Perspective

his study explores the transformative impact of the digital era, specifically Society 5.0, on the Indonesian legal system, focusing on the incorporation of Pancasila values as a universal ethical foundation. Adopting a normative legal research method with a conceptual approach, the study analyzes how the Indonesian legal system, predominantly influenced by the civil law system, adapts to the challenges posed by technological advancements and the emerging digital society. The research reveals that Indonesia's unique legal system, grounded in Pancasila, exhibits characteristics of religiosity, humanism, and social justice, enabling it to adapt to societal changes while maintaining core national values. The digital transformation, embodied in Society 5.0, necessitates a legal framework that balances economic development with social problem-solving through innovative and sustainable technology integration. The study highlights the increasing significance of cybersecurity awareness and the potential recognition of artificial intelligence as a new legal subject. Emphasizing the role of Pancasila's ethical principles, the study concludes that a consistent application of these values is crucial for developing a responsive legal system capable of addressing the complexities of a digital society. This alignment ensures that legal evolution aligns with societal aspirations, maintaining harmony and order within the framework of a rapidly evolving digital landscape. The findings underscore the importance of legal reform in legislative, human resources, institutional, and cultural aspects, advocating for a harmonized approach between technological advancements and existing or forthcoming regulations, guided by Pancasila's values.Highlights:
 
 
 Pancasila as Ethical Guide: Emphasizes Pancasila's pivotal role in shaping Indonesia's legal responses to digital challenges.
 Legal System's Digital Adaptation: Highlights the Indonesian legal system's evolution in the face of advancing digital technologies.
 Harmonized Legal Reforms: Stresses the need for sustainable legal reforms aligned with societal values in the digital era.
 
 Keywords: Society 5.0, Pancasila, Indonesian Legal System, Digital Transformation, Cybersecurity

Legal Protection for Minority Shareholders Arising from the Delisting of Issuer Shares (A Comparative Study of Indonesian, United States, and Singapore Law)

This research paper provides a comparative analysis of the legal frameworks governing the delisting of issuer shares in Indonesia, the United States, and Singapore. Using a normative legal research approach, supplemented by interviews with members of the Financial Services Authority (OJK) and a Member of the House of Representatives Commission XI, the study explores how each jurisdiction addresses the delisting process, particularly focusing on the protection of minority shareholders . The analysis reveals that Indonesia's legal system, influenced by its Civil Law heritage, contrasts with the Common Law approaches of the US and Singapore, especially in terms of shareholder involvement in voluntary delisting and the specificity of conditions for forced delisting. The study suggests enhancements to the Indonesian framework, such as clearer guidelines for shareholder approval in delisting decisions and more transparent criteria for forced delisting. These recommendations aim to improve the protection of minority shareholders within Indonesia's Capital Market.

The Paradox of Child's Diversion Policy in Conflict with the Law in the Indonesian Child Criminal Justice System

This research aims to examine the paradox of implementing the diversion policy for children in conflict with the law in student brawl cases in DKI Jakarta. The research uses a qualitative approach with a case study method. Case analysis uses forecasting analysis framework by William Dunn (2003) and Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis by Chermack and Kasshanna (2007). There are three conclusions from this research. First, the problems of the diversion policy for children in conflict with the law are generally not caused by primordial factors but are caused by law enforcement investigators who often do not follow the mandate of the Law on The Child Criminal Justice System to determine child diversion. This is because the police apply criminal offenses based on the perpetrator's actions and can consider the recommendations of the Community Counselor of the Correctional Center. Second, there is a paradox in the implementation of the diversion policy for children in conflict with the law, starting from the high use of the Emergency Law in the Indonesian Legal System, the low competence of law enforcement officers in implementing the diversion policy for children in conflict with the law, terminating investigations without involving Community Counselor of the Correctional Center, to carrying out detention in correctional centers that are not child-friendly. Third, based on forecasting and SWOT analysis, it is necessary to transform juvenile justice legal policies in the future, especially increasing competency of the law enforcement officers, ensuring the availability of child-friendly infrastructure, supporting the child in conflict with the law advocacy and extensifying community-based policing.

Optimizing Legal Protection for Divorce Outside of Court: Study of the Need for Divorce Isbat in the Indonesian Legal System

This research examines the dualism of religious law and national law in the context of divorce in Indonesia, which raises significant legal and social dilemmas and challenges. This study uses a descriptive-analytic qualitative method with a normative juridical approach to analyze differences in divorce recognition under religious law and national law, as well as its impact on access to justice and legal protection, especially for women. This research identifies that discrepancies in divorce recognition cause various legal and social obstacles, such as difficulties in obtaining maintenance, division of assets, and child custody. As a solution, this study proposes the application of the concept of "divorce isbat" as a mechanism that allows official recognition of divorces carried out outside formal courts, offering higher legal certainty and more effective protection. This research highlights the importance of engaging cross-sectoral stakeholders, including religious leaders, legal practitioners, and civil society organizations, in supporting inclusive and effective legal reform. The implication of these findings is the need for legal reform that harmonizes religious law with national law to strengthen the integrity of the justice system and improve social justice.

Nilai Pancasila dalam Metode Penemuan Hukum: Orientasi dan Konstruksi Nilai Pancasila dalam Rechtsvinding

This study examines the role of Pancasila values in the process of legal discovery or rechtsvinding in Indonesia. Pancasila, as the foundational philosophy of the Republic of Indonesia, holds a crucial position in shaping the nation's identity, character, and developmental direction. Beyond being a philosophical underpinning of the state, Pancasila's values serve as guiding principles in the life of the nation, state, and society. Within the legal context, Pancasila is highly relevant in the rechtsvinding process, which involves searching for laws related to specific cases or situations.The research utilizes normative methods with a philosophical and analytical approach. Data is gathered through literature studies, analyzing legal norms, regulations, and relevant legal works. The primary goal is to analyze how Pancasila values manifest in the rechtsvinding approach and their impact on legal stability and justice in the Indonesian legal system.The study findings reveal that Pancasila values play a central role in the rechtsvinding process. These values influence the interpretation and application of the law by judges and legal practitioners. The 1945 Constitution reflects Pancasila values in its principles that form the basis of state law and policy. Articles within the constitution embody Pancasila values like social justice, balance of rights and responsibilities, and human rights protection. Furthermore, Pancasila values significantly contribute to legal stability, fostering certainty and harmony in the Indonesian legal system. The integration of Pancasila principles in the rechtsvinding process guides decision-making with a focus on justice, unity, and equality.

PENGARUH SISTEM HUKUM COMMON LAW TERHADAP SISTEM HUKUM INDONESIA

Indonesia as a legal country adheres to a legal system influenced by colonial countries, namely the Netherlands which adheres to the Continental European legal system or Civil Law System. The aim of this research is to determine the influence of the common law legal system on the Indonesian legal system. This research uses legal research with a normative juridical approach. The research results show that the influence of the common law legal system on the legal system in Indonesia is much related to economic activities, including business contracts, court decision making is also affected by this legal system, such as arbitration and commercial advertising in resolving contract disputes. Meanwhile, regarding the influence of common law in business contracts in Indonesia, it can be seen from the first entry of foreign capital. The implementation of legal institutions originating from the Common Law legal system in Indonesia which adheres to the Civil Law legal system shows that there is a situation of mixed legal systems (mixed jurisdiction). With the entry of the Common Law legal system into Indonesia's economic institutions, the law requires adjustments because the law must provide legality for all changes that occur.

THEORETICAL RESPONSES TO THE QUESTIONS OF ONE LAW FOR ONE SOCIETY AND MULTIPLE LAWS FOR MULTIPLE SOCIETIES

The Indonesian legal system is a combination of several religious, customary and European legal systems, especially the Dutch as a nation that once colonized Indonesia for 3.5 centuries. So, it is not surprising that their inherited civilization includes the legal system. Living law refers to the laws that are still valid and applied in society, including customary law, religious law, and positive law. This law can coexist with various other laws, such as civil, constitutional and criminal law, which apply according to the context and issues that arise in society. Therefore, it is important to understand and accommodate the various sources of law in a society to achieve justice and order. In the Indonesian context, the applicability of law to the life of society and the state involves various factors, including public awareness, lawmaking, and juridical, sociological and philosophical foundations. Indonesia's legal system is a combination of several legal systems, including religious, customary and state law. This shows the complexity in the application of law in society, which requires a comprehensive understanding and accommodation of various sources of law to achieve legal objectives, such as order, justice and security.

CONSUMER PROTECTION FOR LOSSES ARISING FROM THE USE OF AUTO PILOT-BASED TECHNOLOGY IN INDONESIA

This study aims to examine the legal safeguards provided to consumers in Indonesia in relation to losses incurred from the use of autopilot-based technology. The research methodology employed in this study is normative legal research, utilizing a legislative approach and legal material analysis. The findings of this study reveal that autopilot technology or artificial intelligence (AI) can be considered as legal entities, as there is human involvement in regulating and operating the technology. However, consumer protection in the utilization of such technology encounters challenges within the Indonesian legal system. This is primarily due to the requirement of reversing the burden of proof for losses under Law Number 8 of 1999 on Consumer Protection. Consequently, this presents a significant hurdle in achieving consumer protection against the adverse effects of this technology, as there exists an imbalance of knowledge and bargaining power between the producer (AI) and the consumer in substantiating the losses incurred from its use.

Rethinking Delegated Legislation in Indonesian Legal System

Rethinking Delegated Legislation in Indonesian Legal System

OMNIBUS LAW IN INTERNATIONAL HUMAN RIGHT LAW PERSPECTIVE (FOCUS ON LABOR RIGHT IN INDONESIA)

There is a Bill titled All Lawis one of the government's progressive steps in the legal sector. This is allegedly due to President Joko Widodo's anger at Indonesia's sluggish progress in the investment sector. Based on reports Ease Of Doing Business 2019, Indonesia is ranked 73rd out of 190 countries. Formation All Law especially in the economic sector, it is hoped that it will be able to improve the investment climate in Indonesia, Rosan Roeslani said that one of the objectives of the law to all This is to improve Indonesia's ranking in Ease od doing Business. In legal research, there are two research approaches, namely a normative approach and a sociological juridical approach. Meanwhile, what is used to examine the data are theories commonly known in doctrinal legal theory such as legal rules, legal principles, legal definitions and so on. In this case, law to all What is meant in the Indonesian legal system is a form of law that regulates various objects in one legal instrument. so that there is a spread of discourse regarding the omnibus law which is equated with the Umbrella Law, namely a law that is the parent of other laws that are still in the same sector. However, if law to all narrated as an Umbrella Law, the law to all is not regulated in Law Number 12 of 2011 concerning the Formation of Legislative Regulations, therefore law to all in the Indonesian context, it is narrated as a law. The protection of human rights (HAM) was originally known in the social contract theory put forward by Rousseau. Based on social contract theory, the rights owned by everyone are handed over to the state based on free will. The state's duty is to provide protection to every citizen if there is a violation of the rights of citizens to achieve order and justice. Keywords : Human Right, International, Labor

UNDERSTANDING THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 90/PUU-XXI/2023 IN THE PERSPECTIVE OF CIVIL LAW AND COMMON LAW PERSPECTIVES

This research discusses the understanding of the Constitutional Court Decision Number 90/PUU-XXI/2023 in the perspective of Civil Law and Common Law. The decision has a significant impact on the Indonesian legal system, because it contains interpretations and implications that are relevant to both legal systems. significant differences which are then applied to adherent countries in accordance with the spirit of law enforcement. As for Indonesia, the use of the legal system is more inclined to the Civil law legal system even though it also implements several rules in the Common Law legal system, so that the application of the legal system in Indonesia is more suitable to be called prismatic. The results of this research are expected to contribute to the development of legal thinking in Indonesia and become an important reference for legal practitioners, academics, and policy makers in drafting or revising relevant laws.

Restorative Justice Settles Health Disputes Between Patients and Hospitals from an Inclusive Justice Perspective

The legal system in Indonesia has seen significant developments in handling healthcare disputes between patients and hospitals through the introduction of the concept of Restorative Justice. The principles of Restorative Justice and inclusive law can be integrated to create a fair, inclusive resolution of conflicts and repair damaged relationships resulting from these disputes. The objective of this research is to analyze the implementation of Restorative Justice in enhancing the resolution of healthcare disputes between patients and hospitals, considering an inclusive legal framework, and identifying potential major obstacles. The research method used is normative research with a focus on legislative analysis and legal literature to explore the concept of Restorative Justice within an inclusive legal framework for resolving healthcare disputes between patients and hospitals. The researcher employs literature review and document analysis techniques to gather and analyze the legal data required for this research. Implementing Restorative Justice for resolving healthcare disputes between patients and hospitals within an inclusive legal framework is an effective approach for resolving healthcare conflicts. Restorative justice emphasizes relationship restoration and mutual understanding over punishment and can be applied in cases of malpractice, patient dissatisfaction, or violations of medical ethics. To be successful, relevant regulations such as the Arbitration Law in Indonesia, trained mediators, and the involvement of all relevant parties are necessary. Protecting patients' rights, transparency, accountability, and effective communication should also be a focus. By implementing restorative justice and an inclusive legal framework, the resolution of healthcare disputes can be more effective, fair, and can improve the relationship between patients and hospitals

Human Dignity in the Criminal Process: A Lesson Learned from Torture Case in Germany

The research aims to analyze the prevising human dignity in the criminal process, especially in cases regarding torture for good purposes. In the interrogation process, the preparator does not give any information about the hostage; at the same time, the hostage’s condition becomes critical. Does harm given to the preparator without causing injuries within a short time to save a hostage be accepted and not violate human dignity? The researcher conducts document research and applies a comparative law approach to answer the question. The study compares Indonesian and German legal systems to show the different perspectives on the issue. The research shows that historical and cultural dimensions shape the concept of human dignity in each legal system, and it has a consequence with the idea of proportionally deterring torture for good purpose action. Under Germany's legal system, this action cannot be accepted because human dignity is the supreme value of the Constitution. It is a bit different from the Indonesian legal system, where the concept of human dignity shall maintain a balance between individual and community rights; the action might be accepted with strict requirements.

Enhancing the Supervisory Board of the Corruption Eradication Commission: Insights from Hong Kong, United Kingdom, and European Union

<div class="WordSection1"><p><em>Establishing the KPK Supervisory Board as a juridical consequence of Law Number 19 of 2019 is an effort to improve KPK's supervisory system. But its formation has caused many pros and cons in the community. The existence of this board is considered to weaken and hinder the performance of KPK. This study analyzes the position of the KPK Supervisory Board after Constitutional Court Decree Number 70/PUU-XVII/2019 concerning reducing the pro-Justitia authority of the Supervisory Board regarding the comparative study involving several countries. This study uses legal research with comparative and statutory approaches. The study results show that the KPK Supervisory Board, as the KPK's internal supervisory body, still requires adjustments by adopting the supervisory mechanisms implemented by comparator countries relevant to the Indonesian Legal System. Some of these are related to the mechanism of monitoring and evaluation of the performance of the KPK Supervisory Board and the KPK itself.</em></p></div>

Digitalization of the Legal System: Opportunities and Challenges for Indonesia

This study aims to analyze the impact and challenges of digitalization in the Indonesian legal system, focusing on its implications for legal education, data security, and professional readiness. Adopting a qualitative approach, the research synthesizes discussions on the evolution of legal processes in response to technological advancements. Findings highlight that digitalization offers efficiencies and transparency yet poses significant cybersecurity risks. The study underscores the urgent need for enhanced digital literacy and legal education reform, emphasizing skills in AI and blockchain technology. The implications of this study are pivotal for policymakers and educators as they navigate the balance between embracing digital innovation and addressing the associated risks in the legal domain.
 Highlights:
 
 Digital Technologies' Impact: Digitalization, especially through the E-Court program, significantly enhances the efficiency and transparency of legal processes in Indonesia.
 Challenges in Implementation: Key obstacles include the digital divide between urban and rural areas, slow adaptation of legal frameworks, and concerns over data privacy and cybersecurity.
 Need for Strategic Governance: Effective digital transformation in the legal system requires comprehensive strategies, improved cybersecurity, and the adaptation of legal professionals to technological advancements.
 
 Keywords: Digitalization, Indonesian Legal System, Big Data, Blockchain, Artificial Intelligence

Child Crime As Perpetrators Of Immoral Crimes

This research delves into the criminal responsibility of children engaged in moral crimes, specifically focusing on decency crimes like rape within the framework of Indonesia's legal system, as outlined in "Law Number 11 of 2012 concerning the Juvenile Criminal Justice System." Employing a normative juridical approach, the study analyzes legal statutes and cases related to such crimes, revealing a discrepancy between existing laws and their implementation. Instances of lenient sentencing, such as a six-month term for a severe crime, underscore the need for a closer examination of the diversion approach to reduce decency crimes by children. The research explores the concept of effective punishment within the unique context of juvenile offenders, advocating for the Juvenile Criminal Justice System's role in social rehabilitation through institutions like the Special Child Development Institute. Despite legislative efforts, inconsistencies persist, highlighting the necessity for a more stringent application of legal rules and a commitment to children's rights during the criminal justice process. Ultimately, the study emphasizes the importance of aligning punishment with juvenile characteristics, urging a shift towards comprehensive measures that promote personal growth and responsibility. It underscores the significance of upholding children's rights while addressing societal concerns related to reducing moral crimes committed by children through rigorous legal implementation.