Indonesian Legislation Research Articles

Political Communication Strategy in Legislative Elections in Indonesia (Case Study on Indonesian Legislative Members of the Golongan Karya Party)

This study aims to strategic the role of the success team in political organizations, with a focus on knowing the political communication strategy of Hj. Imas Karlinah.SH from the Golkar Party in winning the 2024 legislative elections, using Newman and Sheet's Strategy Positioning theory, this research explores the most effective political communication strategy for the general public to choose legislative candidates. The method used in this research is the Qualitative Method with a Case Study approach with a multi-sources purposive sampling technique to explore how effective strategies in political communication. The method used in this research utilizes the Delphi Method in data collection by interviewing experts related to the research. Data collection techniques are done through: In-depth interviews, and a literature study. Documentation and observation. In addition, data triangulation techniques were used for validity checks. The results showed that Hj. Imas Karlinah SH's political communication strategy was carried out using Reinforcement and Inducement strategies. This study concludes that strategically incumbent candidates become election winners supported by campaign teams that have power in their regions, political communication strategies and reinforcement inducement strategies are very influential on the general public.

Formal Requirements for Class Action Lawsuits in Environmental Cases in Indonesia: Problems and Solutions

Class action lawsuits serve as a vital instrument in the enforcement of environmental law, particularly in advocating for the interests of affected communities. Although the regulation of class actions has been recognized in Indonesian legislation, such as Law Number 23 of 1997 in conjunction with Law Number 32 of 2009, as well as Supreme Court Regulation (PERMA) Number 1 of 2002, its implementation continues to face various legal and technical challenges. One of the main issues is the frequent rejection of environmental class action lawsuits by courts on the grounds of not meeting formal requirements. Therefore, the purpose of this paper is to identify procedural obstacles in the implementation of class actions and to provide policy recommendations to improve public access to environmental justice. This study employs a normative juridical method using a statutory approach. The findings indicate that PERMA Number 1 of 2002, as the legal basis for class action lawsuits, is no longer responsive to contemporary developments. To address this, two primary solutions are proposed: first, to elevate the status of PERMA to a law; and second, to establish environmental courts as a specialized forum for resolving environmental disputes. It can be concluded that a more comprehensive regulatory reconstruction and harmonization of norms within Indonesia’s civil judicial system for environmental matters is necessary to ensure the effectiveness of environmental protection through the class action mechanism.

The Legal Framework for Carbon Trading: Examining its Juridical Implications for Civil Liability and Environmental Responsibility in Indonesia

The Indonesian legislation on carbon trading is a key instrument for national and global climate targets. This analysis, according to the present study, utilizes a normative juridical model in viewing Indonesia's carbon trading law and focusing on implications toward civil liability and environmental obligation. The findings suggest that while the model is aligned with international norms and is multi-carbon price inclusive, it is beset with enforcement uncertainties, uncemented provisions of civil liability, and weakly constructed monitoring mechanisms. Additionally, the absence of adequate community participation mechanisms is not only an issue of equity and social inclusion. In learning from global best practices, such as the European Union Emissions Trading System (EU ETS) and China's national carbon market, the research identifies areas of improvement that involve enhancing legal clarity, enforcement mechanisms, and environmental responsibility. These are key in ensuring that Indonesia's carbon trading system has a sufficient contribution to promote both legal accountability and environmental sustainability.

The Role of Law in AI-Based Business Ecosystems: A Contextualized Perspective from Islamic Law

The rapid development of Artificial Intelligence (AI) has introduced complex legal challenges, particularly regarding regulation and compliance. This study examines the adequacy of Indonesia’s current legal framework in overseeing AI-based businesses and proposes an adaptive regulatory model informed by Islamic law. Using normative legal research and a qualitative approach, the study analyzes Indonesian legislation, Shariah legal principles, fatwās, academic literature, and comparative international regulations. Key regulatory gaps are identified in areas such as AI-based decision-making liability, algorithmic transparency, and data protection. These gaps are critically assessed through the lens of Maqāṣid al-Sharīʿah, including ḥifẓ al-ʿaql (protection of intellect), ḥifẓ al-māl (protection of wealth), and ḥifẓ al-nasl (protection of lineage and privacy), ensuring ethical alignment with Islamic values. To address these challenges, the research proposes a hybrid regulatory model combining principle-based and rule-based approaches, reinforced by risk-based standardization, certification schemes, and regulatory sandboxes. The “principle plus sandbox” model merges Shariah-based ethical norms with statutory regulation to support innovation while safeguarding public interest. Key contributions include: mapping Islamic legal objectives onto AI governance, designing a Shariah-compliant dispute resolution framework for AI-related business issues, and recommending the formation of a Shariah-informed AI regulatory authority in Indonesia. The study concludes that a balanced, adaptive legal framework—grounded in both legal certainty and Islamic ethical values—is essential for regulating AI in business contexts. This research contributes to developing more responsive, culturally rooted legal systems for AI governance in Muslim-majority countries

THE CONCEPT OF CRIMINAL JUSTICE SYSTEM AND CORPORATE CRIMINAL LIABILITY IN INDONESIA

The Criminal Justice System and Corporate Criminal Liability in Indonesia focuses on the imposition of legal sanctions on corporations involved in criminal acts. Under Indonesian law, corporations are recognized as legal subjects that can be held criminally liable. This study aims to: (1) examine the regulation of corporate criminal sanctions in Indonesian legislation, and (2) analyze the forms of criminal punishment and sanctions imposed on corporations in Indonesia. The research adopts a normative legal approach, utilizing statutory and conceptual analyses. The findings indicate that: (1) corporate criminal sanctions are regulated in various laws, including Law No. 7 of 1955 on Economic Crimes, Law No. 6 of 1984 on Post, Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, Law No. 8 of 1999 on Consumer Protection, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption, and Law No. 15 of 2002 in conjunction with Law No. 25 of 2003 on Money Laundering. (2) Criminal sanctions for corporations in Indonesia are stipulated in Article 10 of the Criminal Code (KUHP). The imposition of fines on corporations aims to reduce their economic rights. The types of sanctions that may be imposed on corporations include principal sanctions and additional sanctions

Defending the Digital Domain: A Critical Look at Cybercrime Legislation in Indonesia and the Philippines

In our increasingly digital world, society's reliance on technology to support daily activities underscores the critical importance of robust cybersecurity measures. As digital threats evolve in sophistication, cybercrime has surged, exploiting the extensive data generated by interconnected networks. This paper examines the legislative frameworks governing cybercrime in Indonesia and the Philippines, two Southeast Asian nations with contrasting approaches and challenges in cyber legislation. While the Philippines has proactively enhanced its cyber defense capabilities and engaged multiple stakeholders in cybersecurity initiatives, Indonesia's legislative actions appear less comprehensive and reactive. By conducting a comparative legal analysis, this research identifies the strengths and weaknesses of each country's cybercrime laws and proposes recommendations for legislative improvements. The findings highlight the necessity for international collaboration, public-private partnerships, and continuous public education to address the multifaceted nature of cyber threats effectively. This study contributes to the global discourse on cyber governance and digital law enforcement, offering insights to policymakers and stakeholders aiming to fortify digital spaces against cybercrime. Received: 22 June 2024 / Accepted: 28 February 2025 / Published: 02 March 2025

Communication Strategy of Indonesian Legislative Members in Maintaining Constituents

Communication Strategy of Indonesian Legislative Members in Maintaining Constituents

The Need for the Enactment of Prize Law Legislation in Indonesia

The Need for the Enactment of Prize Law Legislation in Indonesia

Promoting Regional Strategic Area of Environmental for the Protection of Essential Ecosystem Areas in East Kalimantan

This article investigates the legal framework of Essential Ecosystem Areas (EEAs) within Indonesian legislation and the regional government's authority to regulate EEAs to preserve and protect the essential ecosystem in its jurisdiction. By employing a normative juridical approach, this research found that the EEA is regulated in sectoral regulations, such as conservation, environmental, forestry, spatial planning, marine, and regional government, which give inconsistencies and legal gaps and can create legal uncertainty. This study also identified that district or city governments could protect and manage EEAs by stipulating an EEA as the strategic area of environmental (KSLH) or protected area through a decree, subsequently incorporating it into the spatial planning of the regency or city. Additionally, the regional government has the authority to provide policies regarding EEAs governance and institutional management, thereby establishing a comprehensive legal framework for the EEAs.

JURIDICAL ANALYSIS OF E-CONSENT SERVICES BASED ON LAW NUMBER 17 OF 2023 ON HEALTH AT ZAINAL ABIDIN HOSPITAL, PAGAR ALAM, WAY KANAN

The“development of information technology in the health sector has significantly changed how health services are delivered and regulated. One important change is the shift from conventional informed consent (oral or written) to e-consent or electronic technology-based consent. According to Article 335 of Law No. 17 Year 2023 on Health. Informed consent is a key element in ethical and legal medical practice. The main principle is the individual must give that consent. Based on Article 2 paragraph (1) Permenkes RI Number 290 /Menkes / Per / III / 2008 concerning Medical Action Consent states that “All actions that will be carried out on patients must obtain consent”, therefore the article aims to analyze the rules for implementing e-consent and the obstacles to the application of e-consent in health services, especially at the Hospital Rsud Zainal Abidin Pagar Alam Way Kanan. This research method uses normative Judicial legal research. The results showed that the rules for e-consent have been regulated in Indonesian legislation, but the use of e-consent has weaknesses, such as patients, doctors, and other medical personnel not being accustomed to changes from conventional to digitalization. In addition, inadequate equipment from the Hospital is also an obstacle to implementing this E-consent service.”The proposed suggestion is the need for improvement and training regarding the rules and work practice training related to e-consent between doctors, medical personnel, and patients at Zainal Pagar Alam Way Kanan Hospital.

Reconceptualization of the Recognition of the Unity of Customary Law Communities in Indonesian Legislation

This study investigates the recognition of customary law communities in Indonesian legislation, with the objective of redefining the notion to better align with the evolving dynamics of customary law communities and the requirements of contemporary legal systems. This study employs a normative technique, which involves a systematic analysis of positive legal provisions, as well as an empirical sociological approach that encompasses the identification of unwritten laws and research on the efficacy of the law. The data utilized comprises primary, secondary, and tertiary legal sources, obtained by traditional documentation research methods and information technology. The study findings suggest that current legislation has not adequately addressed the presence and rights of customary law communities. Hence, it is imperative to develop a more inclusive and cohesive reinterpretation of the notion of recognition that not only acknowledges the presence of customary law communities, but also ensures the effective safeguarding and enhancement of their rights. This study aims to enhance the development of legal policies that are more equitable and more aligned with the requirements of customary law communities in Indonesia.

Political Legal Problematics in The Formation of Legislation in Indonesia

Political Legal Problematics in The Formation of Legislation in Indonesia

Legal Void of Social and Environmental Responsibility in the Implementation of Corporate Social Responsibility in the Energy and Natural Resources Sector

This research aims to explore the legal vacuum related to Social and Environmental Responsibility (CSR) in the implementation of Corporate Social Responsibility (CSR) in the energy and natural resources sector. Although CSR has been recognized as an important aspect of sustainability and corporate responsibility, the regulation regarding the minimum amount of funds that must be allocated for CSR is still not clearly and concretely regulated in the applicable legislation in Indonesia. The results show that legal uncertainty regarding the amount of TJSL funds has a significant impact on the implementation of CSR programs by companies. Many companies experience difficulties in planning and allocating budgets for effective CSR programs, due to the absence of clear guidelines regarding the funding obligations that must be met. The study also identified various challenges faced by companies in implementing CSR, including differences in understanding of CSR among stakeholders, environmental challenges arising from operational activities, and community pressure to increase social and environmental contributions.

Pengaruh Sistem Hukum Dunia Terhadap Pembentukan Peraturan Perundang-Undangan di Indonesia

This article examines the influence of global legal systems on the formation of legislation in Indonesia. Historically, Indonesia adopted the Continental European legal system inherited from the Netherlands as the foundation of its national legal framework. Over time, Indonesia’s legal system has also been shaped by principles of common law, Islamic law, and customary law, deeply rooted in the nation's culture. This study aims to analyze how the interplay of these diverse legal systems has contributed to the development of a unique and complex national legal structure. Employing a literature review and normative analysis method, the research explores how elements from various global legal systems have enriched Indonesia’s legal framework. The findings reveal that, while this diversity enhances the national legal system, it also presents challenges in harmonizing and synchronizing existing regulations. This study offers valuable insights into the dynamics of cross-system legal influences in the Indonesian context and their implications for national legal reform.

Social Engineering and Legal Framework for Drug Rehabilitation: A Comparative Analysis of National Legislation in Indonesia

Social Engineering and Legal Framework for Drug Rehabilitation: A Comparative Analysis of National Legislation in Indonesia

Penyediaan Akses bagi Penyandang Disabilitas pada Penyelenggaraan Tau-Tau Fest

Equality of opportunity in all aspects for persons with disabilities is a fundamental right enshrined in Indonesian legislation and international treaties, namely the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). One such aspect is participating in arts and cultural activities such as music festivals. Therefore, this research aims to identify the provision of access for persons with disabilities in organizing Tau-Tau Fest, a music festival in Indonesia. The method used is qualitative with data collection techniques in interviews and observation. The results show that although some facilities and services already exist, some aspects require adjustments to meet the needs of people with disabilities, such as viewing areas, queue lines, accessible signage, and staff training on disability awareness. Therefore, recommendations in the form of accessibility plans are given to event organizers and similar music festivals.

Analisis Yuridis Tanggung Jawab Tenaga Kesehatan Terhadap Pengesampingan Hak Peserta Jaminan Kesehatan Nasional Ditinjau Berdasarkan Hukum Positif Indonesia

In line with the concept of a welfare state, Indonesia, as a country, is obligated to implement and ensure the welfare of its citizens, including in the national healthcare sector. To ensure the inclusivity of national health coverage, the government, through the BPJS Kesehatan agency, has established the National Health Insurance (JKN) program, which is mandatory for all citizens, as stipulated in Indonesian legislation. However, the effort to achieve inclusivity may become biased if there is no clear regulation regarding the rights of participants and the obligations of healthcare providers, who play a crucial role in this process. Under Indonesian positive law, the rights of JKN participants are thoroughly regulated, as are the obligations of healthcare providers. However, based on observed phenomena, there are still violations of these obligations by healthcare providers, leading to the neglect of participants' rights. This research aims to raise awareness among stakeholders and provide a foundation for future research. The type of research used in this paper is normative legal research, which focuses on the analysis of legal norms.

Hak Kewarganegaraan dan Kebijakan Pemerintah: Evaluasi Peraturan Perundang-Undangan di Indonesia

This research evaluates the effectiveness of citizenship legislation in Indonesia, focusing on Law No. 12 of 2006. The background of this study is based on the importance of protecting citizenship rights within the context of evolving social and political dynamics. The aim of the research is to identify discrepancies between regulations and practices, as well as to analyze the impact of policies on social integration and the protection of individual rights. The methodology employed is normative legal analysis, which includes legislative, conceptual, and comparative approaches, along with data collection through literature review and interviews with legal experts. The findings indicate that although Law No. 12 of 2006 has brought positive changes, the implementation of policies still faces challenges such as inconsistency and administrative obstacles. The implications of this research highlight the need for reforms in citizenship policy that are fairer and more responsive, which can enhance the protection of individual rights and create a more inclusive system for all citizens.

Effectiveness of Legal Protection for Whistleblowers in Corruption Cases in Indonesia

Combating corruption is a crucial priority for Indonesia, which strives to improve the quality of governance and institutional integrity. Whistleblowers play a vital role in uncovering corrupt practices, often serving as the initial source of information that reveals systemic and organized corruption. However, whistleblowers face significant risks, including intimidation and retaliatory actions. Effective legal protection is essential to shield them from these risks and encourage the public to report corruption. This study aims to review the effectiveness of legal protections for whistleblowers under Indonesian legislation and explore measures that can be enhanced to ensure their safety and well-being. Utilizing a literature review method, this research finds that although regulations exist to protect whistleblowers, their implementation remains inadequate. Obstacles such as lack of legal awareness, insufficient resources in law enforcement agencies, and a culture of fear of retaliation hinder optimal protection. Specific legal reforms, increased capacity of law enforcement agencies, and education and cultural changes that support whistleblowers are needed to improve the effectiveness of protection. Strengthening legal protections will better motivate whistleblowers to report corruption, supporting creating a more transparent and accountable government.

Role of Institutional Quality and Financial Developments in Realizing Clean Energy Legislation in Indonesia

This study examines the intersection of financial markets and institutional quality (IQ) in enhancing clean energy production and access in Indonesia, a country that has placed a strong emphasis on renewable energy (RE) through its legislative framework. Utilizing various econometric methods, including Dynamic and fully-modified ordinary least squares (OLS), and dynamic simulated autoregressive distributed lag (ARDL) models, we analyze time series data from 1996 to 2022. The outcomes underscore the pivotal role of IQ (encompassing indicators like control of corruption, rule of law, regulatory quality, government effectiveness, political stability, and voice & accountability) in fostering the adoption of RE sources and broadening the reach of clean cooking energy. Although the impact of financial markets in isolation yields inconclusive findings, their intersection with IQ consistently bolsters Indonesia’s transition towards clean energy. This study puts forth various practical implications for policymakers seeking to bolster the efficacy of clean energy policies.