Rechtenstudent

Indonesia's Involvement in the Paris Agreement on Low Carbon Development Agenda in Indonesia: A Social Legal Study

2025-07-03T22:12:23+07:00

Indonesia's participation in the Paris Agreement has created opportunities for international cooperation that can support the progress of low-carbon development at the national level. The participation, along with the strong global commitment to help developing countries achieve their emission reduction targets under the Paris Agreement, brings several benefits for Indonesia in obtaining international support for climate change adaptation and mitigation, including climate finance, technology transfer, and capacity building. This research aims to analyse the strategic role of the Paris Agreement towards a low-carbon development agenda in the energy sector in Indonesia. This research is based on regime theory and neoliberal institutionalism paradigm as the theoretical framework for analysing the issues addressed. Furthermore, this research applies the literature study method by using sociolegal approach. The findings of this research indicate that the Paris Agreement has contributed to the progress of low-carbon development in Indonesia particularly in the energy sector. However, its implementation has been sluggish in meeting the targets for climate change mitigation and adaptation.

Legal Framework and Criminal Sanctions for Bitcoin-Based Narcotics Transactions

2025-07-21T22:58:16+07:00

The rapid development of digital technology has transformed the global financial landscape with the emergence of virtual currencies such as Bitcoin. As a decentralized digital asset based on blockchain technology, Bitcoin enables fast, anonymous, and cross-border transactions without central authority intervention. While these features offer convenience, they also pose risks of abuse in illegal activities, including narcotics transactions. In Indonesia, the use of Bitcoin in drug-related offenses presents complex legal challenges due to the absence of explicit criminal regulations governing such usage. This study examines the criminal liability of narcotics offenders who utilize Bitcoin, focusing on three core issues: the juridical basis for punishment, the characteristics of punishment under Indonesia’s legal system, and an ideal penal concept for the future. The research employs a normative juridical method with statutory, conceptual, and case study approaches. Findings indicate that punishment remains based on Law No. 35 of 2009 on Narcotics, with Bitcoin regarded as a means rather than a core element of the crime. Although it does not constitute a new offense, its use may aggravate punishment through individualized sentencing. Sanctions involving digital assets remain suboptimal due to regulatory gaps. Therefore, this study recommends revising criminal laws to explicitly regulate Bitcoin use in drug crimes, developing sentencing guidelines that consider technological factors, and formulating responsive penal policies, including asset seizure and inter-agency collaboration through blockchain forensic technology.

Resignation Requirements for Elected Legislative Candidates

2025-07-21T22:56:35+07:00

General elections are one of the indicators that Indonesia is a democratic country, this recognition is strengthened by Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which emphasizes that sovereignty lies in the hands of the people. In holding general elections, Indonesia faces various challenges, including the phenomenon of the resignation of elected legislative candidates. This action has a negative impact on the health of democracy and causes disappointment among constituents who hope that their representatives can represent their voices in the legislature. In dealing with this problem, a judicial review was carried out at the Constitutional Court regarding Article 426 paragraph (1) letter b of Law No. 7 of 2017, which is the basis for resignation. The Constitutional Court, through Decision Number 176/PUU-XXII/2024, annulled the provision. This annulment provides new hope for democracy in Indonesia, and this study aims to analyze the decision and its implications for the development of the democratic system and the construction of sanctions for political parties that order the resignation of elected legislative candidates. The research findings show that the Constitutional Court, as the guardian of democracy, plays an important role in affirming the sovereignty of the people. If the practice of inappropriate resignation still occurs, sanctions in the form of fines, restrictions on the number of candidates in the next election, and the obligation to take political education can be applied. The imposition of sanctions must still take into account the principles of justice and democracy.

The Digital Notary: Harnessing Artificial Intelligence in the Transition to Society 5.0

2025-07-10T17:53:49+07:00

The rapid development of digital technology has propelled humanity from the era of the Industrial Revolution 4.0 into Society 5.0, which adopts a human-focused approach aiming for a synergy between technology, humanity, and data. The sophistication of technology has led to the creation of artificial intelligence (AI), which is designed to enable computer systems to simulate several functions of the human brain. The utilization of AI has been adopted across various professional sectors, including the legal profession. Notaries, as public officials authorized to draw up authentic deeds, perform their duties in accordance with the Notary Position Act. This statutory obligation, which requires a physical meeting for the execution of authentic deeds, has hindered notaries from fully utilizing digital media in the process of deed-making. Therefore, this study aims to analyze the development of AI as a catalyst for the emergence of Digital Notaries in the future. The result of this analysis indicates that the development of Digital Notaries utilizing AI can be realized through legal reforms that offer both preventive and repressive legal protections, as well as through the readiness and creativity of notaries to compete globally in the digital realm.

State Financial Losses Recovery Through Asset Forfeiture

2025-07-21T23:01:18+07:00

Indonesia, as a state governed by law (rechtstaat), guarantees the protection of its citizens' constitutional rights, including economic rights. However, the existence of corruption classified as an extraordinary crime has undermined the nation’s economic foundations and deprived the people of their economic entitlements. Law enforcement against corruption must not only focus on punishing perpetrators but also prioritize the recovery of state losses through the mechanism of asset forfeiture derived from criminal acts. This study examines the urgency and dynamics of asset forfeiture within the framework of Indonesia's positive law, including the relevance of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, and the Indonesian Penal Code (KUHP) of 2023. Furthermore, it discusses the concept of non-conviction based asset forfeiture and the need for a specific Asset Forfeiture Law as a manifestation of the state's commitment to restoring state finances and upholding the rule of law. This research also analyzes the strategic role of the Prosecutor's Office in the asset recovery process, as well as institutional challenges and inter-agency coordination issues in its implementation.

Issuance of Environmental Approvals Based on the Precautionary Principle: A Legal Study

2025-08-08T22:41:02+07:00

On October 5 2020 the government and the people's representative council passed a new law, namely Law Number 11 of 2020 concerning Job Creation which raises pros and cons. These changes are based on simplifying licensing. Which changes the nomenclature of environmental permits to environmental approval. Permits are clearly a state administration decision as regulated in Law Number 30 of 2014 concerning Government Administration, whereas normative approval does not have an explicit meaning as a state administration decision. Furthermore, the change in norms is also accompanied by the elimination of the community's right to responsibility towards the government as the permit giver which was originally stipulated in Article 38 of Law Number 32 of 2009 concerning environmental protection and management. Environmental permit violations that occur do not have any impact on the business permit. The government only provides punishment in the form of a warning to violators.

Reformulating National Criminal Law for Protecting Child Victims of Cyberbullying Crimes

2025-08-11T08:38:06+07:00

The advancement of digital technology has led to the emergence of new types of crime, including cyberbullying, which often targets children as the most vulnerable victims. Indonesia currently lacks specific legal provisions that regulate cyberbullying as a criminal offense against children. This research aims to examine the effectiveness of existing legal protections and the urgency of reformulating a more specific criminal framework. Using a normative legal approach and comparative study with the Philippines and California (USA), the findings indicate the need for comprehensive legal reform in Indonesia to ensure better protection for children against digital violence. The study highlights how the absence of a clear definition and categorization of cyberbullying in Indonesian legislation creates legal uncertainty and hinders law enforcement. Meanwhile, experiences from the Philippines and California show that explicit regulations provide stronger preventive and punitive measures. Therefore, reformulating a progressive legal framework that integrates criminal, civil, and administrative approaches is urgently needed to address the complexity of cyberbullying and safeguard children’s rights in the digital era.

Shifting Meaning of State Losses in BUMN Based on the Business Judgment Rule Principle

2025-08-07T22:38:45+07:00

State-owned enterprise faces complex business dynamics, including the risk of state losses due to managerial decisions. The Business Judgment Rule (BJR) principle serves as the basis for legal protection for the direction to make business decisions with professional freedom, as long as the decisions are made in good faith, with caution, and without conflict of interest. However, the application of this principle in Indonesia is still inconsistent, as seen from cases such as Pertamina and Merpati Nusantara Airlines which show heterogeneity in the assessment of the legal responsibility of directors. The focus of this study is: first, to find the meaning of state losses in the context of State-owned enterprise based on the BJR principle; and to formulate a concept so that the BJR doctrine is not misused. The study uses a normative juridical method (research law) with a doctrinal approach to examine changes in the meaning of state losses in State-owned enterprise based on the Business Judgement Rule.