Lex Journal : Kajian Hukum dan Keadilan

The Implications of Changes in the State Budget (APBN) through Presidential Instruction (Inpres) from the Perspective of Administrative Law

Lalu Aria Nata Kusuma, Nawaz Syarif — Fri, 18 Apr 2025 00:00:00 +0700

In realizing the prosperity and well-being of the people, the State Revenue and Expenditure Budget/State Budget (APBN) plays a crucial role in reflecting the government's economic policy. According to the provisions in the State Financial Law, changes to the APBN during the fiscal year can only be made through the instrument of the Revised APBN Law. However, Presidential Instruction Number 1 of 2025, which was issued, alters the established APBN. This change raises questions about whether the presidential instruction, as a discretionary power, can be used to modify the APBN and what the implications are. The research method used is normative legal research utilizing a legislative and conceptual approach. The research results indicate that presidential instructions are regulations used to interpret vague and stagnant rules to address existing issues. However, this does not mean that presidential instructions can be used freely. In the context of changing the posture of the APBN through presidential instructions, this research shows that such actions do not meet the objectives and requirements for issuing discretion as stipulated in the Government Administration Law. The failure to meet these conditions has implications, namely: 1) the presence of Presidential Instruction No. 1/2025 is a form of abuse of power by state administrative officials; 2) the normalization of abusive discretionary practices by the government; and 3) it shows the failure of the House of Representatives (DPR) to perform its function properly. Therefore, it is important for the government, as administrative officials who can issue discretion, to adhere to existing guidelines when issuing policy regulations.

Construction of the Form and Content of Policy Regulations (Beleidsregel) in the Amendment to the Law on Government Administration

Joice Soraya, Eduard Awang Maha Putra, Lalu Aria Nata Kusuma — Mon, 16 Jun 2025 00:28:48 +0700

The problem in this research is the existence of a legal vacuum related to the form and content of policy regulations in Indonesia, especially in Law Number 30 of 2014 concerning Government Administration, which often causes legal uncertainty in its application in government administration. So this research aims to analyze and provide a construction of the presence of policy regulations in the Amendment to the Government Administration Law. The research method used is normative legal research, using statutory, conceptual, and comparative approaches. The results showed that the construction of forms of policy regulations in the amendment to the Government Administration Law includes circulars, instructions, implementation instructions, technical instructions, announcements, and guidelines. The content material of policy regulations includes regulation or free policy-making if the laws and regulations provide options, do not regulate, or are incomplete or unclear; the existence of government stagnation; interpreting rules and regulations; and providing instructions or guidelines. Regarding sanctions, policy regulations can only contain administrative sanctions. The nature of policy regulations, namely, policy regulations generally bind the intended administrative body or official but will indirectly affect the general public, is abstract and applies continuously. As a result of not regulating policy regulations in the Government Administration Law, in practice, the use of policy regulations often creates legal uncertainty, where in its application there are policy regulations but in the form of laws and decisions and also policy regulations that seem to limit the rights of citizens guaranteed by the 1945 Constitution and contain criminal sanctions.

Freedom of Opinion of Judges in Dissenting Opinion in a Criminal Verdict

Christopher Hartono, Andrew Wijaya — Sun, 22 Jun 2025 02:37:03 +0700

Dissenting opinion refers to the views expressed by one or more members of the panel of judges who disagree with the majority's decision. In Indonesia, although a dissenting opinion is the view of a minority of judges, it does not change the decision that has been agreed upon in the deliberations of the panel of judges, either for now or in the future. The main purpose of dissenting opinions in Indonesia is to accommodate the freedom of judges to express legal opinions that differ from the majority. Unlike the United States, where dissenting opinions can become the basis for jurisprudence and be referenced in similar cases, the legal impact of dissenting opinions in Indonesia is more limited. In the United States, dissenting opinions of judges can immediately become part of the development of the applicable law, in line with social changes and community needs. In contrast, changing the law through dissenting opinions in Indonesia requires a long process through the legislative institutions. Although there are differences in the application of the concept of dissenting opinion between the two countries, they both strive to maintain judicial transparency and accountability. In the United States, judges' dissenting opinions can shape the law without going through the legislative process, while in Indonesia, while not changing the verdict, dissenting opinions still reflect judges' independence and transparency in decision-making. This comparison shows differences in legal approaches, but both aim to ensure legal certainty and accountability to the public.

Challenges and Harmonization Between Islamic Law and Human Rights

Hajidi, Muhamad Mutawalli, Nuruddin — Mon, 23 Jun 2025 12:01:13 +0700

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Collective Management Reform: A Long Road to LMK Transparency and Accountability

Muhamad Syahnakri, Dewa Krisna Prasada — Mon, 23 Jun 2025 13:19:22 +0700

This article targets legal scholars, copyright regulators, and stakeholders in the creative economy by critically analyzing Indonesia's collective rights management system, specifically the operational framework of Collective Management Organizations (LMK) as established by Law No. 28/2014 and Government Regulation No. 56/2021. The paper examines the normative deficiencies and governance inefficiencies in royalty administration, posing the legal inquiry: To what degree can Indonesia's copyright system guarantee transparency, equity, and accountability in the distribution of royalties to creators? This book demonstrates, through normative legal methodologies and comparative analysis with Japan's JASRAC model, that the lack of participatory mechanisms, unclear royalty tariff-setting, and inadequate technological infrastructure have undermined the LMK's legitimacy and its function of distributive justice. This research offers novel insights by advocating for legal reforms that incorporate public input, graduated royalty structures, and blockchain-enabled tracking. It connects formal copyright law with practical creative work, enhancing discussions on procedural fairness, regulatory involvement, and fair digital governance in copyright administration.

Comparative Analysis of Civil Procedure Law and Religious Court Procedure Law in Divorce Cases

Andrew Wijaya — Mon, 23 Jun 2025 16:14:00 +0700

The handling of divorce cases in Indonesia is normatively regulated through two different judicial channels, namely the District Court for non-Muslims and the Religious Court for Muslims. This research aims to analyze the comparison between civil procedural law and religious court procedural law in divorce cases, as well as to examine the juridical implications when Muslims file cases with the District Court, which is not the forum with absolute authority. The research uses a normative and comparative juridical approach, by examining Law No. 1 of 1974 concerning Marriage, Law No. 7 of 1989 concerning Religious Courts (which has been amended by Law No. 3 of 2006), and HIR/RBg as the basis for procedural law. The results show that there are fundamental differences in formal-procedural aspects, including in the mediation mechanism, evidence, and the type of divorce certificate issued. In addition, the filing of a divorce lawsuit by a Muslim party to the District Court creates a mismatch in absolute competence and has the potential to cause juridically invalid decisions. Therefore, the understanding of the public and law enforcement officials about the limits of judicial competence is very important to ensure legal certainty and protection of the rights of justice seekers in divorce cases.

Legal Certainty and Protection of Indigenous Peoples' Land Rights Ownership on Land from Coastal Reclamation Based on Indonesian Positive Law

Hilman Syahrial Haq — Tue, 24 Jun 2025 22:59:59 +0700

This research aims to analyze the issue of legal certainty and the protection of indigenous peoples' land rights and ownership of reclaimed coastal land in Indonesia's positive legal system. Although the 1945 Constitution and the Basic Agrarian Law (UUPA) have recognized the existence of indigenous peoples and their customary rights, legal reality shows that reclaimed land is often not included in the recognition area. Coastal reclamation carried out by the state or corporations usually ignores the participation of indigenous peoples, resulting in agrarian conflicts and legal uncertainty. Through a normative juridical approach and the concepts of legal certainty theory and legal protection theory, this research concludes that participatory and fair policy reformulation and administrative mechanisms are needed, so that the rights of indigenous peoples are not marginalized in the process of coastal development, especially in coastal reclamation.

Binding Force of Judgment of State Administrative Court Decisions against Government Agencies

Christopher Hartono, Andrew Wijaya — Thu, 26 Jun 2025 14:46:49 +0700

Court decisions in the State Administration (PTUN) essentially have binding legal force on the parties, including government agencies as defendants. This research examines how the binding legal force of PTUN decisions applies to government agencies and the legal consequences that arise if the decision is not implemented. The research method used is normative juridical with a statutory approach and case studies of several PTUN decisions that were not executed. The results showed that PTUN decisions with permanent legal force (inkracht van gewijsde) have a final nature and must be implemented by government agencies as a form of respect for the rule of law and the principles of the rule of law. However, in practice, there is still a lot of non-compliance from the government to the contents of the decision, which creates legal uncertainty for justice seekers. Such non-compliance not only undermines the principle of due process of law, but can also lead to administrative and criminal legal consequences for authorized officials. Therefore, more effective monitoring mechanisms and sanction instruments are needed to ensure consistent and equitable implementation of PTUN decisions.

Rights and Obligations of Career Women in the Family from the Perspective of Islamic Family Law

Nisrina Durratul Hikmah, Salimul Jihad, Teti Indrawati Purnama Sari — Fri, 27 Jun 2025 00:39:21 +0700

Nowadays, women are not confined to the home, but are only allowed to do activities within the scope of the household. Women have been given true independence like men, as well as in the workplace. In reality, when women have more careers, they have the potential to forget their role in the household and neglect their obligations as housewives with the income they get, they can hire or pay figures to carry out their role in the household and when wives and husbands work together to earn a living, who will take care of their children and households, this will harm both household needs, lack of togetherness, attention and affection in the family and education, especially for their children, will be less optimal. This research uses a qualitative method with an empirical approach and interviews as the main data collection technique to examine this phenomenon in more depth. It is hoped that the results of this study can provide a better understanding of the balance between public responsibilities and domestic roles in the lives of career women in teachers of MTsN 5 Bima, Nisa Village, Woha District, Bima Regency, this study also seeks to identify factors that influence the success of career women in carrying out their dual roles as wives and mothers at home and as workers outside the home in teachers of MTsN 5 Bima, Nisa Village, Woha District, Bima Regency.

Nullification of the Birth Certification of a Foster Child Carried Out by the Foster Parent Based on the Decision of the Supreme Court No. 2389 K/Pdt/2020

Sabrina Ayu Ramadhani, Otom Mustomi — Fri, 27 Jun 2025 14:52:58 +0700

The background of this research is based on the legal complexity and social implications that arise in the annulment of birth certificates of adopted children, especially related to the protection and rights of children and legal certainty in population administration. The formulation of the problem in this research includes how the legal considerations of the Supreme Court in canceling the birth certificate of adopted children, the application of the principles of legal certainty and protection of children's rights, and the relevance of Islamic law principles in this context. The research objectives are to understand the legal process of cancelling an adopted child's birth certificate, analyze its impact on children's rights, and examine the suitability of the Supreme Court's decision with national and Islamic legal principles. The research method used is qualitative with a descriptive-analytic approach, which involves document study, interviews, and field observations to obtain in-depth and contextual data. The results show that the Supreme Court emphasized the importance of a strong legal basis and proper procedures in cancelling the certificate. The decision rejected the cassation because there was no valid legal reason to cancel the deed, and emphasized the importance of maintaining the psychological stability and legal identity of the child. The principles of legal certainty and child protection are the main basis for the decision. In Islamic law, annulment is possible if there is a violation of the principle of nasab, which requires clarity of lineage. Conclusion: This research is expected to contribute to the development of a fairer and more comprehensive legal policy.

The Principle of Legality in Cybercrime Investigation Based on the Electronic Information and Transactions Law

Rene Anggara, Yustus One Simus Parlindungan, Bisma Ainul Yakin — Sat, 28 Jun 2025 00:40:26 +0700

The rapid expansion of digital technology has fundamentally transformed criminal behavior patterns, creating unprecedented challenges for legal systems worldwide in maintaining adherence to fundamental legal principles while addressing emerging cyber threats. This research examines the implementation of the principle of legality in cybercrime investigation based on Indonesia's Electronic Information and Transactions Law, analyzing the complex intersection between classical legal doctrines and contemporary digital law enforcement realities. Using normative legal research methodology with statutory, conceptual, and comparative approaches, this study systematically analyzes primary legal materials including constitutional provisions, statutory law, judicial decisions, and government regulations, supplemented by secondary sources from domestic and international legal scholarship. The research reveals significant tensions between the principle of legality's requirements for legal certainty, specificity, and procedural fairness, and the practical demands of cybercrime investigation involving digital evidence collection, cross-border cooperation, and rapidly evolving technological threats. Empirical analysis demonstrates that approximately 43% of cybercrime cases result in acquittals or dismissals due to procedural errors and evidentiary inadequacies, indicating substantial implementation challenges. Comparative examination of international frameworks, including the European Union's Directive 2013/40/EU and Singapore's Computer Misuse Act, reveals that successful cybercrime legislation requires careful calibration of legal precision with operational flexibility. The study concludes that Indonesia's current legal framework inadequately addresses the unique challenges of digital criminal behavior while maintaining constitutional compliance. Key recommendations include a comprehensive revision of the Electronic Information and Transactions Law to enhance definitional clarity, establishing specialized cybercrime investigation units with advanced technical capabilities, and developing standardized operating procedures ensuring consistent application of legality principle requirements across all jurisdictions.

Implementation of Good Corporate Governance by the Bureau of Economic Affairs in its Supervisory Role Over Regional-Owned Enterprises (BUMD) in East Java

Edghar Abdullah Albab, Zuhda Mila Fitriana — Sat, 28 Jun 2025 20:39:33 +0700

This study aims to describe and analyze the scope of supervisory duties carried out by the Bureau of Economic Affairs over Regional-Owned Enterprises (BUMD) in East Java, as well as the principles of Good Corporate Governance applied by the Bureau in its supervisory role. The research adopts an empirical juridical approach, which examines applicable laws and regulations about real-world conditions in the field. The results indicate that the scope of supervisory duties by the Bureau of Economic Affairs for Regional-Owned Enterprises in East Java includes organizational, management, and financial development; governance supervision; asset utilization oversight; and business development guidance. The principles of Good Corporate Governance applied by the Bureau in its supervisory duties include: 1. Transparency, 2. Accountability, 3. Responsibility, 4. Independence, and 5. Fairness.

Elements of Article 2 of the Corruption Crime Law After the Constitutional Court Decision Number 25/PUU-XIV/2016

M Sofian Assaori, Sukma Hidayat Kurnia Abadi, Imam Alfurqan — Sun, 29 Jun 2025 00:00:00 +0700

This research aims to analyze the implementation of Constitutional Court Decision Number 003/PUU-IV/2006 after Constitutional Court Decision Number 25/PUU-XIV/2016 and to analyze the relationship between the decision of Constitutional Court Decision Number 25/PUU-XIV/2016 on Civil Servants. There is nebis in idem between Constitutional Court Decision Number 25/PUU-XIV/2016 and the previous Constitutional Court Decision, namely Constitutional Court Decision Number 003/PUU-IV/2006. The similarity is in the form of the same basis of testing and the material being tested, namely Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law against Article 28D paragraph (1) of the 1945 Constitution. The previous Constitutional Court Decision ruled that the phrase “may harm state finances or the state economy” in Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law was not contrary to the 1945 Constitution. But with the latest Constitutional Court Decision, on the contrary, it was declared contrary to the 1945 Constitution. The change in the Constitutional Court's stance in the latest Decision raises inconsistencies in interpretation, which can lead to legal uncertainty and there is no criminalization implication of the State Civil Apparatus (ASN) from the phrase “may harm state finances or the state economy” in the Anti-Corruption Law as feared by the Petitioner. Discretionary policies (freis ermessen) have received a legal umbrella in the AP Law, and if based on the principles of good public governance, there will be no criminalization. Because what is wrong is not the discretionary policy, but the evil intent of the policy makers to enrich themselves, others, or corporations that are considered to harm state finances.

The Effectiveness and Legal Impact of Conversion of Agricultural Land into Residential Areas in Mataram

Maulana Syekh Yusuf, Sukma Hidayat Kurnia Abadi, Saparudin Efendi — Sun, 29 Jun 2025 20:46:37 +0700

Land conversion is a process of changing the use of land functions from certain forms of use to other uses, such as the change of undeveloped land to built-up land. In general, the conversion of agricultural rice fields from year to year reaches hundreds of hectares. What plays an important role in the world of agriculture is land. Indonesia absorbs the most labor in the agricultural sector compared to other economic sectors. This research method is normative research, or library research is research which examines document studies using various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of scholars' opinions. The negative impact of land conversion is the change in socio-economic conditions felt by farmers causing farmers to lose their land and most have an impact on reducing food production and other negative impacts, namely the value of land that becomes high occurs along major roads it happens because major roads are busy roads and adequate public facilities are in the surrounding area.