Garuda - Garba Rujukan Digital

Eksistensi Kode Etik Notaris dalam Pembatasan Promosi Diri di Era Digital Ni Kadek Andhina Putri Artini; Made Aditya Pramana Putra
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.10-19

This study examines the existence and implementation of the Notary Code of Ethics in regulating self-promotion in the digital era, particularly through social media platforms. The advancement of information technology has transformed how notaries interact with the public, with digital platforms such as Instagram, TikTok, and LinkedIn increasingly used to introduce themselves or their notarial services. However, such practices raise ethical concerns as they contradict Article 4 paragraph (3) of the Notary Code of Ethics, which prohibits any form of professional promotion. This research employs a normative legal method with a literature study approach to analyze the applicable legal provisions within the Notary Law (UUJN) and the Notary Code of Ethics (KEN), as well as to identify the boundaries and legal consequences for notaries who engage in online self-promotion. The results show that notaries are only allowed to use social media for educational and legal awareness purposes, not for commercial interests. Violations of this rule may result in ethical sanctions by the Honorary Council of the Indonesian Notary Association and administrative sanctions by the Notary Supervisory Board. Therefore, it is necessary to update the digital ethics guidelines to provide clearer boundaries for notarial behavior in online spaces, ensuring that integrity, professionalism, and public trust in the notarial profession remain intact amid the rapid development of digital technology.

Shifting Paradigms of Sexual Violence Victims within the Integrated Criminal Justice System in Indonesia Josephine Suprapto; Made Aditya Pramana Putra
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1511

This article examines the transformation of victim protection in Indonesia's integrated criminal justice system following the enactment of Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS). It asks whether the statutory shift toward a victim-centered approach has been translated into adjudicative practice, particularly in relation to restitution and psychological rehabilitation. The study applies normative or doctrinal legal research. It combines statutory, historical, conceptual, and case approaches, with particular attention to Denpasar District Court Decision No. 77/Pid.Sus/2026/PN Dps. Primary legal materials include Law No. 12 of 2022, Law No. 31 of 2014 on Witness and Victim Protection, Law No. 1 of 2023 on the Criminal Code, and Supreme Court Regulation No. 3 of 2017. The analysis is guided by Lawrence M. Friedman's legal system theory and Nonet and Selznick's responsive law theory. The article finds a significant gap between progressive statutory substance and courtroom implementation. Although the UU TPKS recognizes victims' rights to care, protection, recovery, restitution, and rehabilitation, judicial practice remains substantially offender-oriented. In the case studied, the decision successfully imposed criminal punishment but did not integrate restitution or victim recovery into the operative part of the judgment. The problem is not merely doctrinal but systemic: legal substance has advanced faster than legal structure and legal culture. The article contributes to Indonesian criminal justice scholarship by identifying a procedural vacuum in the enforcement of victim recovery rights. It argues for mandatory restitution calculation, judicial authority to address recovery ex officio, and institutional synchronization among investigators, prosecutors, judges, LPSK, social services, and victim assistance providers.

Corporate Legal Liability for Failure to Register Workers in Indonesia's Social Security System: A Good Corporate Governance Perspective I Made Upadana Putra Miasa; Made Aditya Pramana Putra
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1540

This article examines the legal consequences of a corporation's failure to register workers in Indonesia's national social security system and evaluates that non-compliance through the principles of Good Corporate Governance (GCG). It applies doctrinal legal research using statutory, conceptual, and analytical approaches. Primary legal materials include the 1945 Constitution, Law No. 40 of 2004 on the National Social Security System, Law No. 24 of 2011 on the Social Security Administering Bodies, Law No. 2 of 2004 on Industrial Relations Dispute Settlement, the labour-law framework as amended by Law No. 6 of 2023, and Government Regulation No. 86 of 2013. The analysis shows that the duty to register workers is a mandatory statutory obligation rather than a discretionary employee benefit. Failure to register directly attracts administrative sanctions and may also support a rights dispute and civil compensation where loss and causation are established. Criminal liability should not be inferred automatically from non-registration; under the BPJS Law it arises only when the specific statutory elements of contribution-related offences are satisfied. From a governance perspective, non-registration indicates failures of responsibility, accountability, fairness, transparency, board oversight, and internal control. The article develops an integrated liability-governance framework that connects legal sanctions with preventive corporate controls, including workforce reconciliation, contribution audits, board-level compliance reporting, accessible worker grievance procedures, and documented remediation. This framework clarifies the boundary between administrative, civil, industrial-relations, and criminal consequences while positioning social-security compliance as a core corporate-governance obligation.

Legal Protection of Community Land Rights in Land Acquisition for National Strategic Projects Putu Githa Caesara Gautama; Made Aditya Pramana Putra
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1566

Land acquisition for National Strategic Projects (PSN) creates a legal tension between the State's interest in accelerating national development and the need to protect community land rights. This study examines the regulatory framework governing land acquisition for National Strategic Projects and the legal protection afforded to community land rights under Indonesian positive law. It employs normative legal research using library-based research and a statutory approach, with the analysis grounded in Gustav Radbruch's Theory of Legal Certainty and Philipus M. Hadjon's Theory of Legal Protection. The findings show that the regulatory framework, comprising the 1945 Constitution, the Basic Agrarian Law, Law Number 2 of 2012, and Government Regulation Number 19 of 2021 as amended by Government Regulation Number 39 of 2023, provides a legal basis for land acquisition while constraining the exercise of State authority through requirements of legal certainty and the protection of community rights. Legal protection operates preventively through information disclosure, participation, identification, inventory, and deliberation, and repressively through objection and dispute-resolution mechanisms. The novelty of this study lies in conceptualizing the relationship between accelerated development and multilayered legal protection of community land rights in the implementation of National Strategic Projects.

Legal Protection of Runners’ Portrait Rights Against Commercialization on the FotoYu Application Under Indonesian Ius Constitutum Made Rosa Anastasya Tirandika Rosa; Made Aditya Pramana Putra
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1555

This study examines the legal implications of capturing, uploading, and commercially exploiting runners’ photographs through digital platforms without prior authorization from the persons depicted, from the perspective of Indonesian ius constitutum. The analysis focuses on the normative intersection among copyright, portrait rights, and personal data protection. The study employs normative legal research using statutory, conceptual, and analytical approaches. Primary, secondary, and tertiary legal materials are examined qualitatively through descriptive-analytical reasoning. The findings indicate that photographers’ exclusive economic rights over photographic works are not absolute and must be interpreted together with statutory limitations concerning portraits and with personal data protection obligations when photographs identify, or are technologically processed to identify, individuals. Under the Personal Data Protection Law, personal data processing must have a lawful basis, of which explicit consent is one; in the context of commercial portrait use, written consent is also specifically relevant under the Copyright Law. Accordingly, the principal legal issue is not merely ownership of the photograph, but the lawful limits of its commercialization and subsequent digital processing. Resolving this normative tension requires harmonious statutory construction, appropriate legal preference, proportionate allocation of responsibility, and privacy-oriented technical safeguards to balance the interests of runners, photographers, and digital platform providers.

The Legal Status of Blockchain-Based Smart Contracts as Electronic Agreements under the Indonesian Positive Legal System Ida Bagus Mahayana Pidada; Made Aditya Pramana Putra
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1558

Blockchain-based smart contracts automate the execution of transactions through computer code, but automation alone does not determine whether the resulting arrangement is a legally binding contract. This article examines the legal status and enforceability of blockchain-based smart contracts as electronic agreements under Indonesian law and evaluates how the validity requirements in Article 1320 of the Indonesian Civil Code operate in a pseudonymous, automated, and relatively immutable technological environment. Using doctrinal legal research, the study integrates the Indonesian Civil Code, the Electronic Information and Transactions Law (EIT Law) as amended by Law No. 1 of 2024, Government Regulation No. 71 of 2019, and current financial-sector regulation, supported by comparative analysis of the UNCITRAL Model Law on Automated Contracting, the UK Law Commission's work on smart legal contracts, and relevant European regulatory design. The analysis finds that Indonesian law can recognize a blockchain-based arrangement as an electronic contract when an identifiable agreement is formed through an electronic system and the substantive validity requirements are satisfied. Government Regulation No. 71 of 2019 is particularly significant because Article 46 reproduces the core elements of contractual validity for electronic contracts, while Article 47 requires party identity, transaction terms, cancellation procedures, and choice-of-law provisions. The principal legal uncertainty therefore lies less in basic contractual validity than in attribution of consent and capacity, code-text inconsistency, automated-agent responsibility, coding or oracle errors, reversibility of remedies, and cross-border enforcement. The article recommends targeted, technology-neutral rules and contractual design safeguards rather than assuming that either code alone or a comprehensive blockchain-specific statute can solve these problems.

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