This study examines the comparative characteristics of ad hoc arbitration and institutional arbitration, with particular emphasis on the arbitrator appointment process and its impact on arbitral proceedings and outcomes. The research employs a normative juridical approach supported by comparative analysis of legal frameworks, arbitral practices, and relevant scholarly literature. The findings indicate that the method of appointing arbitrators plays a decisive role in shaping procedural fairness, the legitimacy of arbitral awards, and the effectiveness of their enforcement. Ad hoc arbitration offers substantial flexibility for the parties to determine arbitrators based on mutual agreement, yet this flexibility may generate legal uncertainty when appointment mechanisms are inadequately regulated. In contrast, institutional arbitration provides structured appointment procedures, ethical standards, and administrative oversight, which contribute to stronger legitimacy and higher acceptance of arbitral awards by national courts. The study concludes that institutional arbitration tends to offer greater legal certainty and enforceability, while ad hoc arbitration remains viable when supported by clear contractual arrangements. These distinctions highlight the strategic importance of arbitrator appointment mechanisms in achieving effective dispute resolution through arbitration.

This study examines the legal force of stamp duty in civil agreements by analyzing its relationship with contractual validity and evidentiary strength under the Indonesian Civil Code. Using a normative juridical approach, the research focuses on statutory regulations, legal doctrines, and scholarly works related to contract law, evidentiary law, and stamp duty regulation. The findings demonstrate that stamp duty does not constitute a legal requirement for the validity of a civil agreement, as contractual validity is determined solely by the fulfillment of subjective and objective requirements stipulated in Article 1320 of the Civil Code. Stamp duty functions primarily as an administrative and fiscal instrument connected to the use of written documents as evidence in civil proceedings. Both conventional stamps and electronic stamps serve an equivalent role in supporting documentary evidence without altering the substantive legal relationship created by the parties’ consent. The study highlights the importance of distinguishing between contractual validity and evidentiary requirements to avoid legal misconceptions in contractual practices. Clarifying the legal position of stamp duty contributes to greater legal certainty and supports the adaptation of civil law to digital transactions while preserving fundamental principles of contract law.

This study aims to explain the Islamic legal perspective on the implementation of the death penalty in relation to the principles of human rights. The research employs a library-based method with a normative juridical approach and a prescriptive analysis. The focus of the study lies in the concept of al-maṣlaḥah al-mursalah as the foundational principle of Islamic law in determining capital punishment, particularly within the context of qishash. The findings indicate that the death penalty in Islam is not intended as an act of revenge but rather as an instrument for upholding justice and protecting human life in accordance with the maqāṣid al-syarī‘ah, namely the preservation of religion, life, intellect, lineage, and property. Islam also provides space for forgiveness and reconciliation, reflecting a balance between justice and compassion. Thus, the death penalty in Islamic law possesses strong theological and sociological foundations and remains consistent with humanitarian values and the overarching goal of law to promote public welfare.

The principle of fair play constitutes a fundamental element in modern governance, emphasizing integrity, transparency, and equal treatment in public administration. In Indonesia, this principle is incorporated into the General Principles of Good Governance (AUPB), while Malaysia situates it within administrative instruments including Public Service Ethics and public sector integrity standards. This study analyzes the relevance of fair play principles in realizing good governance through a comparative approach between Indonesia and Malaysia, examining normative foundations, regulatory developments, and implementation practices. The research employs a normative legal approach with comparative methodology, analyzing laws, administrative guidelines, court decisions, and scholarly literature. Findings reveal that although both countries demonstrate commitment to fair play principles, Indonesia confronts challenges in consistent AUPB application and enforcement, while Malaysia encounters issues regarding transparency and effectiveness of public complaint mechanisms. The study confirms that strengthening fair play principles plays a strategic role in enhancing bureaucratic integrity and reinforcing public service legitimacy. Recommendations emphasize regulatory harmonization, improvement of official accountability, and implementation of integrity-based oversight mechanisms. The comparative analysis demonstrates that effective implementation requires not merely normative frameworks but also transformation of administrative culture, capacity building, and sustained institutional support in both countries.

This study conducts a foresight analysis on publication ethics within the policymaking framework of Iran’s Ministry of Science, Research, and Technology (MSRT). Both exploratory and normative approaches were employed. The research community included actors and stakeholders within MSRT. A researcher-designed questionnaire and a 24 × 24 cross-impact analysis matrix were used to identify the drivers of publication ethics. Results showed that 89 components across political, economic, social, technological, institutional, ethical, and legal trends influence the future of publication ethics. Five key drivers were highlighted: “Meritocracy in the Research System,” “Raising Awareness of Publication Ethics Concepts in Media and Social Networks,” “Awakened Conscience in Research,” “Combating Superficiality in Research,” and “Managing Anomic Situation of Research.” The findings suggest that granting universities greater autonomy and strengthening the role of research intermediaries, such as information centers, academic communities, associations, and libraries, can foster self-regulation and ethical thinking. This promotes a healthy research culture while reducing reliance on punitive laws.

fiqh muʿāmalah and maqāṣid al-sharīʿah. The rapid growth of the anti-aging industry raises critical questions about the halal status of products and their ethical use among Muslims, particularly in Indonesia's expanding beauty and wellness sector. This research analyzes permissible limits of body care (tazyīn) versus altering Allah's creation (taghyīr khalq Allāh), emphasizing intention, context, and benefits. Using a qualitative normative juridical approach, it examines primary Islamic sources (Qur'an, Hadith), fiqh literature, and fatwas. Findings show anti-aging treatments are permissible if free of haram elements, harmless, and sharia-compliant. Specifically: (1) skincare and non-invasive treatments are mubāḥ with halal ingredients; (2) Botox and fillers are allowed for medical or reasonable aesthetic needs without deception; (3) reconstructive surgery is mubāḥ or wājib for trauma, but purely cosmetic is ḥarām or makrūh; (4) stem cell technology is permissible if ethically sourced and therapeutic, but prohibited for embryonic manipulation. The maqāṣid al-sharīʿah framework evaluates practices for preserving health (ḥifẓ al-nafs), dignity (ḥifẓ al-ʿirḍ), and wealth (ḥifẓ al-māl) without greater harm (mafsadat).

The utilization of unused State-Owned Property (BMN) through leasing represents a strategic effort to optimize state assets and increase Non-Tax State Revenue (PNBP). This study explores the nature, objectives, and challenges of leasing idle BMN as a legal and administrative mechanism to transform non-productive assets into productive resources that contribute to public welfare. Using a combined normative and socio-legal approach with qualitative methods, the research examines the regulatory framework, including Law No. 1 of 2004, Government Regulation No. 27 of 2014 in conjunction with Government Regulation No. 28 of 2020, and Minister of Finance Regulation No. 115/PMK.06/2020, as well as their implementation in practice. The findings reveal a significant gap between das sollen (the legal expectations) and das sein (the actual practice), where many assets remain underutilized due to administrative complexity, limited promotion, and weak oversight mechanisms. Strengthening supervision systems, streamlining procedures, and implementing digital platforms are recommended to enhance transparency, accountability, and efficiency. This study contributes to the discourse on public asset management by emphasizing the importance of aligning regulatory frameworks with practical implementation to maximize state asset productivity and fiscal benefits.

Remission constitutes a right granted to inmates who meet specific requirements as a form of recognition for good behavior during imprisonment. This study aims to examine the requirements for granting remission to correctional inmates and analyze the societal impacts when remission is given to convicts of corruption, terrorism, and narcotics offenses. The research employs a normative juridical approach through a literature study. The findings demonstrate that remission possesses a clear legal foundation encompassing both general and specific requirements, particularly for perpetrators of serious crimes. General requirements include serving at least six months of imprisonment, demonstrating good behavior, and actively participating in guidance programs. For special crime perpetrators, additional requirements apply, including becoming justice collaborators, paying fines and compensation, and participating in deradicalization programs. However, granting remission to special crime convicts generates negative impacts on public perception of justice, deterrence effects, and the integrity of law enforcement. The research concludes that a more selective and accountable remission policy supported by public oversight is necessary to align with the objectives of correctional guidance and legal justice.

The 1998 Reformism expanded democratic and decentralized spaces, yet scholarly engagement with sharia legislation often remains confined to normative or formal frameworks, leaving its intersections with electoral competition, identity politics, and shifting power configurations insufficiently examined. This study explores the development of Islamic legal politics in post-reform Indonesia, with particular attention to the dynamics of sharia legislation within a constitutional democracy. Employing a normative legal approach enriched by historical and conceptual perspectives, it analyzes secondary legal materials to assess implications for democracy, constitutionalism, and human rights. Findings reveal that post-reform sharia legislation is shaped by complex interactions among political elites’ electoral strategies, the mobilization of religious identity, and decentralized structures that facilitate symbolic regulation at the local level. While national laws on waqf, zakat, and sharia banking address substantive socio-economic needs, local morality regulations—such as dress codes or alcohol restrictions—frequently serve symbolic and populist functions. This study contributes a contextual and integrative framework for understanding Islamic legal politics, underscoring the importance of inclusive paradigms attentive to social plurality, constitutional principles, and gender justice in Indonesia’s multicultural society.

This study aims to analyze the position of psychopathy as a criminogenic factor in criminal responsibility and to examine the application of criminal liability to perpetrators with psychopathic characteristics under Indonesian criminal law. The research employs a qualitative method with a normative juridical approach by analyzing statutory regulations, court decisions, and literature in criminal psychology. The study focuses on identifying psychopathic characteristics within the framework of criminal psychology and assessing their juridical implications in determining criminal responsibility. The results show that psychopathy is formed through the interaction of biological, psychological, social, and environmental factors, which contribute to an individual’s ability to plan and execute criminal acts consciously. From the perspective of Indonesian criminal law, perpetrators with psychopathic traits are considered legally accountable because they retain awareness and rational functioning despite having deviant personality structures. Consequently, psychopathy does not eliminate criminal responsibility, and judicial practice tends to impose full criminal sanctions. These findings indicate the need for a proportional and multidisciplinary approach in adjudicating psychopathic offenders, balancing legal certainty, individual accountability, and the protection of society.

In Indonesia’s criminal justice system, the Prosecutor’s Office holds the primary function as the Dominus Litis (Case Controller), which means the authority to determine whether a case should proceed to the prosecution stage lies entirely with the public prosecutor. As such, the Prosecutor’s Office is a key factor in ensuring the criminal justice process operates effectively, objectively, and in accordance with the principles of due process of law under the Integrated Criminal Justice System (ICJS). The objectives of this research are: (1) to analyses the concept of Dominus Litis in Indonesia’s criminal justice system and compare it with those of other countries, such as France and the Netherlands; and (2) to evaluate the effectiveness of the Prosecutor’s Office as Dominus Litis in Indonesian law enforcement practices, particularly in its relationship with police investigators under the Integrated Criminal Justice System. This research is a literature-based study employing a normative juridical approach with analytical descriptive characteristics. The conclusions of this research are: the Prosecutor’s Office is a key actor ensuring that the criminal justice process operates effectively, objectively, and in accordance with due process of law under the ICJS, and 4 (four) strategies to strengthen the Prosecutor’s role as Dominus Litis such as: enhancing the competency of human resources within the Prosecutor’s Office, strengthening the integrity and independence of the Prosecutor’s Office, strengthening transparency and accountability in the prosecution process and strengthening coordination with other law enforcement agencies.

This study examines the political configuration of higher education budgeting in Indonesia and its implications for academic freedom. Despite the constitutional mandate allocating 20% of the national budget to education, the proportion specifically directed to higher education, particularly for improving lecturers’ welfare, has declined in recent years. Using a normative and comparative legal approach, this research analyzes how state budget policy reflects the principles of justice and the rule of law. The study employs Bertrand Russell’s theory of academic freedom, Friedrich Julius Stahl’s concept of the Rechtsstaat, and John Rawls’s theory of distributive justice as analytical frameworks. The findings indicate that the low level of lecturers’ welfare has weakened the material foundation of academic independence, leading to reduced intellectual autonomy in universities. Strengthening lecturers’ welfare through equitable budget distribution is therefore essential to realizing the constitutional ideal of a democratic and just legal state based on Pancasila.

Decentralisation in Indonesia is designed to enhance regional autonomy, recognise indigenous communities, and strengthen environmental protection. In practice, however, decentralisation produces a structural paradox whereby regulatory fragmentation, overlapping authorities, and investment-driven governance facilitate extractive industrial expansion, undermine indigenous land rights, and accelerate environmental degradation. This study critically examines how the legal design and implementation of decentralisation generate non-functionality in safeguarding indigenous rights and environmental sustainability within regional governance. Employing a normative juridical approach with a prescriptive-analytical character, the research analyses constitutional provisions, statutory regulations, judicial decisions, and legal doctrines related to decentralisation, indigenous rights, and environmental protection. Qualitative analysis is conducted through systematic, historical, and teleological legal interpretation, complemented by comparative assessment of recognised international standards. The findings reveal that Indonesia’s decentralisation framework remains ineffective due to fragmented and inconsistent normative structures, weak regional institutional capacity, and the absence of enforceable mechanisms for rights restoration and environmental accountability

This study aims to analyze the application of the principle of prudence in the legal system for the transportation of hazardous and toxic materials (B3) in Indonesia through a case study of the sodium hydroxide (NaOH-48) leak by CV. Yasindo Multi Pratama in West Bandung Regency. The method used in this study is the doctrinal legal method with a normative juridical approach, accompanied by an empirical case study of violations of technical permits, vehicle feasibility, and driver certification in the B3 transportation process. The novelty of this research lies in the integration of analysis between the principle of prudence as an environmental law principle and the technical transportation licensing system, which has not been studied in depth in the context of cross-sectoral supervision. The results of the study show that the application of the precautionary principle is still not effective because of its formalistic nature, which has prevented its systemic implementation. Furthermore, weak coordination between agencies, low compliance with regulations by business actors, and the absence of adequate preemptive mechanisms in the form of education and socialization are also factors that hinder the effectiveness of this principle. This study concludes that the effective application of the principle of prudence in the transportation of hazardous materials requires a reformulation of policies that emphasizes the integration of preemptive, preventive, and repressive measures, while affirming the multiple responsibilities of the government as the holder of the public protection mandate and business actors as the main subjects of the principle of strict liability.

This research examines the implementation of the curator’s role in the bankruptcy process following the Postponement of Debt Payment Obligations (PKPU) based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The main objective of this study is to analyze the role, authority, and challenges faced by curators in carrying out their duties in accordance with Indonesia’s positive legal framework. This research employs a normative juridical approach combined with an empirical juridical approach, incorporating a review of legal literature, court rulings, and statutory regulations, as well as interviews with curators and supervising judges in commercial courts. The findings reveal that curators play a central role as administrators and liquidators of bankrupt estates, with the authority to inventory, secure, manage, and liquidate the debtor’s assets to protect creditors’ interests. Pursuant to Law Number 37 of 2004, curators are also responsible for overseeing the bankruptcy process, preparing reports, and ensuring that the distribution of liquidation proceeds is conducted transparently and equitably. However, the implementation of this role often faces obstacles such as limited curator competence and resources, external interference, the complexity of bankruptcy laws, and inadequate judicial supervision. This study emphasizes the importance of legal reform, professional capacity building, and the adoption of digital technology to enhance the effectiveness of Indonesia’s bankruptcy system. A professional, accountable, and integrity-driven curator is essential to achieving the fundamental objectives of bankruptcy law—ensuring fair, efficient, and transparent debt settlement for all parties involved.

The forgery of authentic deeds by notaries constitutes a serious legal issue with direct implications for legal certainty and public trust in the civil law system. As public officials, notaries are not only responsible for the formal accuracy of deeds but are also bound by a duty of care in verifying the identities and documents of the parties involved. This article examines the construction of notarial legal liability in cases of authentic deed forgery and the legal consequences arising from deeds executed on the basis of invalid document verification. Employing a normative legal approach, the study analyzes statutory regulations, legal doctrine, and judicial decisions, with particular emphasis on Bandung High Court Decision No. 73/Pid/2023/PT.BDG as a case study. The findings indicate that a notary’s failure to exercise due care, especially within the scope of official authority, may constitute fault giving rise to criminal, civil, and administrative liability. Authentic deeds prepared on the basis of invalid documentation may suffer a degradation of evidentiary value and may lead to the annulment of the legal acts embodied therein. The Bandung High Court decision affirms that the notary’s duty of care serves as a primary benchmark in assessing criminal liability, while also highlighting the need for clearer parameters to distinguish administrative negligence from criminal negligence in order to safeguard legal certainty.

General Background: Discipline enforcement among State Civil Apparatus (ASN) constitutes a fundamental pillar of clean and accountable governance within a constitutional state framework. Specific Background: In practice, disciplinary violations by ASN frequently intersect with criminal law, particularly in cases involving abuse of authority, corruption, and misconduct that threaten public trust, creating risks of overlapping authority and sanctions. Knowledge Gap: Existing discussions often address administrative and criminal mechanisms separately, leaving uncertainty regarding their coordinated application in ASN discipline enforcement. Aims: This study examines the relationship between State Administrative Law and Criminal Law in enforcing ASN discipline through a normative juridical approach based on administrative governance regulations and Government Regulation Number 94 of 2021. Results: The findings demonstrate that the two legal regimes operate in a complementary manner, with administrative law functioning as a supervisory and corrective framework, while criminal law is applied when violations exceed administrative boundaries and cause public harm. Novelty: This research emphasizes the principle of ultimum remedium as the primary normative basis for determining sanction priority, positioning criminal sanctions as a last legal measure. Implications: The study provides structured guidance for civil service development authorities and law enforcement institutions to ensure proportional, coordinated, and legally certain handling of ASN disciplinary violations within an integrated governance system. Highlights • Administrative sanctions operate as the primary supervisory mechanism in ASN discipline handling• Criminal proceedings are reserved for violations exceeding administrative responsibility and public interest thresholds• The ultimum remedium principle structures sanction prioritization within a layered accountability system Keywords ASN Discipline; State Administrative Law; Criminal Law; Ultimum Remedium; Public Governance

The rise of digital transactions has made click wrap agreements the primary form of agreement on e-commerce platforms, including Shopee. Click wrap agreements require users to agree to terms that have been unilaterally determined, with the entire agreement consisting of standard clauses. However, the existence of standard clauses raises doubts about the protection of consumer rights. This study is based on two main questions, namely whether Shopee's click wrap agreement provides adequate protection for consumer rights, and how legal measures can be applied to strengthen such protection in the context of the standard clauses used by the platform. The method used is a normative juridical approach accompanied by a Shopee consumer questionnaire. The results of the study show that there are liability limitation clauses that have the potential to harm consumers and are not in line with the Consumer Protection Law, as well as information that is difficult to understand. Therefore, improvements in the presentation of agreements, more effective supervision, and legal mechanisms that support consumer protection are needed.

The massive data breach involving BPJS Kesehatan in 2021 revealed the vulnerability of Indonesia’s digital security ecosystem. Millions of citizens’ personal data appeared on online forums, raising concerns regarding privacy protection and institutional accountability. This incident underscored the urgent need for a comprehensive regulatory framework governing personal data protection. Law No. 27 of 2022 establishes clear obligations for data controllers and affirms the rights of data subjects, including individuals whose information is processed by public institutions such as BPJS Kesehatan. This study examines the legal responsibilities of BPJS Kesehatan as a public corporation in managing participants’ personal data, and explores the legal implications arising from negligence that results in data breaches. A normative legal approach is applied through statutory analysis and examination of academic literature. Findings show that BPJS Kesehatan bears substantial obligations as a data controller under the Personal Data Protection Law, including ensuring data security, maintaining transparency, and implementing proper data governance mechanisms. The 2021 breach demonstrated significant gaps in digital security infrastructure that affected public trust and exposed potential legal liabilities. The PDP Law provides administrative, civil, and criminal consequences for violations committed by data controllers. Strengthening of security, compliance, and internal audits is necessary to prevent recurrence of incidents.

This study examines the legal nature and implementation of fiduciary guarantee execution auctions in Indonesia, with a particular focus on the authority of Class I Auction Officers in ensuring justice for the parties involved. Using a combined normative and empirical juridical approach, the research analyzes statutory regulations, legal doctrines, and field data related to fiduciary execution practices. The findings reveal that fiduciary execution auctions are fundamentally intended to provide legal certainty and protection for creditors while maintaining a balance with debtor rights. However, in practice, the authority of Class I Auction Officers has not been optimally implemented, as a significant number of fiduciary execution auctions—particularly involving motor vehicles—are conducted by Class II Auction Officers who lack execution authority. This condition creates procedural vulnerabilities and undermines substantive justice. The study identifies institutional interests of financing companies, inadequate registration of fiduciary guarantees on vehicle ownership certificates, limited availability of Class I Auction Officers, and revenue targets imposed on auction administration as key contributing factors. The research recommends regulatory reconstruction to clarify auction authority, strengthen institutional capacity, and improve fiduciary registration mechanisms to achieve legal certainty and justice for all parties.