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All Journal Journal Customary Law
Binsar Jon Vic
Borobudur University, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Legal Certainty Reconstruction of Dropshipping Transactions in The Batam Free Trade Zone from The Perspective of The Rule of Law Totok Catur Wismo Malaicanto; Binsar Jon Vic
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5776

Abstract

The development of the digital economy has driven the emergence of new business models in electronic commerce, one of which is the practice of dropshipping. This business model allows business actors to conduct sales transactions without physically owning or storing goods. Although it provides significant economic opportunities, dropshipping also raises various legal issues, particularly regarding legal certainty in trade and taxation systems. This study aims to analyze the legal certainty of dropshipping transactions in the Batam free trade zone and to formulate a legal reconstruction model capable of providing legal certainty for business actors. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The theoretical framework of this research utilizes the Rule of Law concept as articulated by Tom Bingham. The results indicate that dropshipping practice in the Batam free trade zone still faces several legal issues, including the absence of specific regulations governing dropshipping, inconsistencies between tax regulations and customs policies, and limitations in digital transaction monitoring systems. Therefore, this research offers legal reconstruction through the establishment of specific dropshipping regulations, integration of taxation and customs systems, and the development of tax administration mediation mechanisms as an alternative dispute resolution. This legal reconstruction model is expected to create a more adaptive regulatory system for the digital economy while providing greater legal certainty for business actors in the Batam free trade zone.
Rationalistic Model of Land Bank Institutional Regulation in PERPU No. 2 of 2022 Concerning Job Creation in Harmony with the Principle of Legal Benefits Yusna Wulan Sari Tanjung; Binsar Jon Vic
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5788

Abstract

This study examines the rationale for establishing the Land Bank Institution under Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 concerning Job Creation. Land acquisition for public purposes in Indonesia has long faced challenges due to population growth, increasing land prices, limited land availability, and disputes over compensation. To address these issues, the government introduced the Land Bank as part of its agrarian reform agenda under the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. The Land Bank is intended to ensure land availability for public interests, social welfare, national development, economic equity, land consolidation, and agrarian reform. Its establishment is expected to improve the efficiency of land acquisition processes and reduce conflicts related to compensation payments. However, because the Land Bank was not previously regulated under Law No. 5 of 1960 concerning Basic Agrarian Principles, its creation has raised questions regarding its legal basis, implementation, and effectiveness in serving community interests. This research employs a normative juridical method with a statutory approach, utilizing primary and secondary legal sources. The study finds that the Land Bank is designed to support legal certainty and public welfare by providing a structured mechanism for land management and acquisition. Furthermore, public dissemination and understanding of the Land Bank framework are essential to ensure that its implementation aligns with the principle of legal benefit and contributes to resolving land-related problems in Indonesia.
Co-Authors Totok Catur Wismo Malaicanto Yusna Wulan Sari Tanjung