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All Journal Yustisia Brawijaya Law Journal : Journal of Legal Studies Religio : Jurnal Studi Agama-agama Jurnal Hukum Lex Generalis UNISKA LAW REVIEW Law_Jurnal Constitutionale Jurnal Hukum dan Peradilan Staatsrecht: Jurnal Hukum Kenegaraan dan Politik Islam Jurnal Pengabdian Mitra Masyarakat Realism: Law Review JILS (Journal of Indonesian Legal Studies) Kertha Patrika Open Access DRIVERset
Febrian Indar Surya Kusuma
Universitas Negeri Surabaya
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Examining on Indonesian Legal Challenges for Future Transnational Healthcare Service Kusuma, Febrian Indar Surya; Hermawan, Sapto
Brawijaya Law Journal Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.07

Abstract

Facing the fourth industrial revolution, the state must strengthen its role to protect its citizens as a part of its efforts to provide social security. Indonesia as a nation also have to face this challenge, especially on the ability to provide healthcare and medication for their citizen neither they lived in the country nor stay overseas. This kind of issue has to be our concern because of our current situation in the globalization era force us to eliminate the national border and start to design transnational services to fulfill our basic needs. Therefore, this paper will conduct research that focuses on the healthcare and medication services in the South East Asia, especially a comparison between Malaysia and Indonesia’s government. Furthermore, this study will also give a brief preview of the 4.0 industrial revolution that brings the shifting of a new era for fulfilling a necessary healthcare service by using transnational big data. Through a social justice perspective and sociological law approach, the researcher uses social security theory that will lead us to reach the concept of the welfare state. This comparison will give us a larger image to see Indonesian government legal challenges and opportunities to provide a new form of healthcare services.
From Sraddha to Nyekar: Continuity and Change in the Practice and Meaning of Sraddha in Contemporary Society Nareswati Kintoko Budiningsih; Febrian Indar Surya Kusuma; Satria Indar Dwi Kusuma
Religio: Jurnal Studi Agama-agama Vol. 12 No. 1 (2022): March
Publisher : Department of Religious Studies, Faculty of Ushuluddin and Philosophy, Sunan Ampel State Islamic University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/religio.v12i1.1858

Abstract

Borrowing the concept of the Sraddha ritual, grave pilgrimage, nyekar or similar terms that carry important values about our attachment to our ancestors as a form of respect, many negative stereotypes are pinned on those who still perform rituals which are then only seen as a mystical, futile and ancient act without knowing the true meaning of the ritual in the concept of constructive interpretation. Dworkin emphasizes that a difference of opinion usually arises because of the different interpretation bases. This study will be carried out using the interpretation theory proposed by Ronald Dworkin as an analytical tool for the grave pilgrimage ritual or Sraddha. Based on the explanation of the Sraddha concept, it will be seen the philosophical aspects underlying the existence of similar rituals that are still carried out by some people in the eyes of the Mysticism and Logic concept proposed by Bertrand Russell. The four aspects that are understood as the characteristics of a society that adheres to mysticism can be a logical explanation for the combination of traditional values and culture of Sraddha which is not only still practiced by believers but also society in general. Through the presentation of the concepts in this study, it is hoped that this can be a way to straighten out negative misconceptions or stereotypes about spiritual practitioners that have been developing a lot in society.
The Potential Of Judicial Review As An Incremental Business Strategy (The Emergence Of Sharing Economy And One-Stop Services Application In Indonesia) Febrian Indar Surya Kusuma; Sapto Hermawan; Ardyllis Alves Soares
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.159-188

Abstract

The digital economic system has changed the pattern of relationships between service providers and consumers in conducting transactions. Starting from the opportunity given by the Supreme Court to online taxi service providers as part of Micro, Small, and Medium Enterprises (from now on MSMEs), application services such as Go-Jek and Grab are now becoming new spaces for national economic growth. This study will specifically answer how the judicial review process becomes a form of incremental policy, which is very important for business continuity in the industrial era 4.0. This paper can fill the research gap regarding policy alternatives response in supporting the development of the digital economy in Indonesia. This paper will be portrayed using doctrinal research methods and statutory approaches in descriptive and prescriptive styles. As a result, this paper demonstrates that the Supreme Court, as the judiciary institution, plays a central role in responding to changing societal needs. The rationality of business actors in the theory of economic analysis of law has led them to step up and look for responsive policy alternatives. This condition is proven by the judicial review decision on Case Number 37 P/HUM/2017, which was then able to save MSME actors during the COVID-19 pandemic. The development of an incremental policy model is a form of government response to support national economic growth in the digital era, which demands rapid change.
Examining on Indonesian Legal Challenges for Future Transnational Healthcare Service Kusuma, Febrian Indar Surya; Hermawan, Sapto
Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.07

Abstract

Facing the fourth industrial revolution, the state must strengthen its role to protect its citizens as a part of its efforts to provide social security. Indonesia as a nation also have to face this challenge, especially on the ability to provide healthcare and medication for their citizen neither they lived in the country nor stay overseas. This kind of issue has to be our concern because of our current situation in the globalization era force us to eliminate the national border and start to design transnational services to fulfill our basic needs. Therefore, this paper will conduct research that focuses on the healthcare and medication services in the South East Asia, especially a comparison between Malaysia and Indonesia's government. Furthermore, this study will also give a brief preview of the 4.0 industrial revolution that brings the shifting of a new era for fulfilling a necessary healthcare service by using transnational big data. Through a social justice perspective and sociological law approach, the researcher uses social security theory that will lead us to reach the concept of the welfare state. This comparison will give us a larger image to see Indonesian government legal challenges and opportunities to provide a new form of healthcare services.
LEGAL PROTECTION POLICY FOR THE PEOPLE IN HANDLING COVID-19: A COMPARISON OF INDONESIA AND AUSTRALIA Tinambunan, Hezron Sabar Rotua; Kusuma, Febrian Indar Surya; Permatasari, Vivi Ayudya; Sugiarto, Aditya Ferryan; Tajudin, Amalina Ahmad
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.55

Abstract

In terms on handling COVID-19, the whole world is struggling to provide legal protection for its people, including Indonesia and Australia. Surely, Indonesia and Australia have made efforts to provide protection for their people in the form of legal provisions as a consequence of adhering to the rule of law. Thus, the purpose of this study is to examine how Indonesia and Australia issue policies for legal protection for the people in their efforts to deal with COVID-19. This article uses legal research in an effort to answer juridical problems. The results of the discussion show that Indonesia in its efforts to deal with COVID-19 issued a policy of budget refocusing, Large-Scale Social Restrictions to the Enforcement of Restrictions on Micro Community Activities. Meanwhile, Australia in an economic effort issued a COVID-19 grant program policy in Eligible States and Territories if it was appropriate and other efforts made by Australia in handling COVID-19, namely locking in areas where new cases identified. The research was conducted solely for the purpose of producing a substantive picture of the impact of COVID-19 so as to be able to produce policies that do not contradict the existing situation.
Resolving the Judiciary Tensions between the Constitutional Court and the Supreme Court of Indonesia Purwadi, Hari; Hermawan, Sapto; Soares, Ardyllis Alves; Németh-Szebeni, Zsófia; Kusuma, Febrian Indar Surya
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4635

Abstract

This paper addresses a critical issue undermining the legal coherence and judicial stability in Indonesia: the discord between the Constitutional Court and the Supreme Court in the realm of judicial review. This paper uncovers the root cause as a weak chain of validity in law formation, aggravated by divergent legal frameworks governing each court through utilizing doctrinal research methods. Drawing on Bullygin's deontic logic theory, the paper reveals a lack of explicit cross-sectoral policy synchronization. To immediately alleviate these tensions, this paper proposes the establishment of a Memorandum of Understanding (MOU) between the two courts, aiming to solidify the chain of legal norms and restore systemic stability. For a long-term resolution, a comprehensive revision of the judiciary law is advocated. This research serves as an urgent call for coordinated reforms to bolster the integrity and efficiency of Indonesia's judicial system.
PELATIHAN PERIZINAN BERUSAHA BAGI PEMILIK KOS SEKITAR KAMPUS UNESA 5 DALAM MENDUKUNG TATA KELOLA PROPERTI YANG LEGAL Akhmad Faisol, Syahid; Tinambunan, Hezron Sabar Rotua; Sanjaya, Aditya Wiguna; Setiawati, Anisa Deny; Kusuma, Febrian Indar Surya; Rahmat, Doris; Krishnandya, Kharizha
Jurnal Pengabdian Mitra Masyarakat Vol 5, No 1 (2025): Edisi September
Publisher : Universitas Islam Sumatear Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jurpammas.v5i1.12285

Abstract

Kegiatan usaha penyewaan kamar kos di sekitar lingkungan kampus merupakan salah satu sektor ekonomi produktif yang berkembang pesat. Namun, masih banyak pemilik kos yang belum memahami pentingnya legalitas usaha melalui perizinan berusaha berbasis sistem Online Single Submission (OSS). Artikel ini bertujuan untuk mendeskripsikan kegiatan pelatihan perizinan berusaha bagi pemilik kos di sekitar Kampus Universitas Negeri Surabaya (UNESA) 5 sebagai upaya meningkatkan kesadaran hukum dan tata kelola properti yang legal. Metode pelaksanaan dilakukan melalui pendekatan pelatihan partisipatif, pendampingan administrasi OSS, serta evaluasi pemahaman peserta. Hasil kegiatan menunjukkan adanya peningkatan pengetahuan dan kesadaran hukum pemilik kos terhadap pentingnya perizinan usaha. Pelatihan ini diharapkan menjadi model pemberdayaan masyarakat berbasis kampus dalam mewujudkan lingkungan usaha yang tertib, aman, dan legal.
NORMATIVITY IN LEGAL SOCIOLOGY: Methodological Reflection on Law and Regulation in Late Modernity Hermawan, Sapto; Surya Kusuma, Febrian Indar
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.60982

Abstract

Debates on the discussion of the law limits began to emerge along with the development of science. For some circles, interdisciplinary discussions are considered essential because they can complement a mature legal study. This concept also gave rise to legal studies carried out together with other scientific groups such as social sciences. In this context, the combination of the scope of social science and law has contributed to studying the prevailing social conditions by applying the rule of law. The limitations of the extra-legal aspects that appear in the socio-legal study are what then raise and require confirmation to be said as a study that results from the legal study space.
Lex Imperfecta of Language Obligation and Conditioned Contracts Zain, Ilham Muhammad; Surya Kusuma, Febrian Indar
UNISKA LAW REVIEW Vol 6 No 2 (2025): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v6i2.8954

Abstract

This study examines the fundamental paradox within the Indonesian legal regime arising from Article 31 paragraph (1) of Law Number 24 of 2009 on the Flag, Language, State Emblem, and National Anthem which mandates the use of the Indonesian language in agreements involving Indonesian parties yet provides no sanction mechanism for its violation. This condition renders the norm a lex imperfecta, a formally existing obligation that lacks coercive force, leaving linguistic sovereignty as an aspiration without real enforcement. The research employs a normative juridical method combining statutory and conceptual approaches, analyzing primary legal materials including the Civil Code, Law Number 24 of 2009, and relevant Supreme Court instruments. This study finds that the absence of sanctions generates two concurrent pathologies: at the theoretical level a normative vacuum undermines legal system coherence, and at the practical level it produces massive judicial disparity in the treatment of foreign language contracts. The institutional response through Supreme Court Circular Letter Number 3 of 2023 which introduces the criterion of bad faith as a threshold for contract cancellation lacks textual grounding in the law itself and constitutes an informal constitutional bypass exceeding judicial authority. This study proposes a legislative reform adopting two complementary frameworks, namely the doctrine of unenforceable contracts which distinguishes between void and suspended agreements, and the concept of Linguistically Conditioned Contracts wherein foreign language agreements remain legally recognized but their enforceability is suspended until language obligations are fulfilled within a court determined deadline. This framework upholds linguistic sovereignty as a valid public norm while preserving civil law certainty as the foundation of modern economic transactions.
Constitutional Incoherence in Electoral Adjudication: An Analysis of Constitutional Court Decision No. 190/PHPU.D-VIII/2010 on Regional Election Violations and Substantive Justice Muhammad Bagus Nurullah; Febrian Indar Surya Kusuma
Constitutionale Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v7i1.5473

Abstract

This article examines the legal reasoning adopted by the Constitutional Court of the Republic of Indonesia in Decision Number 190/PHPU.D-VIII/2010 concerning the regional election dispute in Pandeglang Regency. It analyzes the Court's interpretation of electoral justice, the application of the structured, systematic, and massive (TSM) violations doctrine, and the evidentiary standards governing electoral disputes. The study aims to identify weaknesses in the Court's reasoning and reconstruct a more substantive constitutional approach that strengthens democratic integrity and protects political rights. Using normative and empirical legal methods, it applies statutory, conceptual, and case approaches supported by secondary empirical data from academic publications, legal journals, and public discussions on electoral dispute resolution in Indonesia. The findings show that the Court adopted a predominantly formalistic and quantitative approach by emphasizing vote differentials rather than the integrity of the democratic process. Strict evidentiary standards also hindered proof of violations involving intimidation, abuse of power, and political manipulation, limiting meaningful constitutional review. This article argues that electoral disputes should be treated not merely as procedural conflicts over vote tabulation but as constitutional issues involving democratic values, political equality, and public trust. It concludes that the Constitutional Court should adopt a more substantive and contextual model of constitutional reasoning to strengthen electoral justice and constitutional democracy in Indonesia.
Co-Authors Aditya Wiguna Sanjaya Aditya Wiguna Sanjaya Akhmad Faisol, Syahid Anisa Deny Setiawati Anisa Deny Setiawati Ardyllis Alves Soares Ardyllis Alves Soares Doris Rahmat Excella Bunga Azzahra Exsyel Hendy Basuki Firyal Nurul Badriyah Hari Purwadi, Hari Hermawan, Sapto Hezron Sabar Rotua Tinambunan Hezron Sabar Rotua Tinambunan Ilham Muhammad Zain Kharizha Krishnandya Khoirul Abdul Aziz Krishnandya, Kharizha Muhammad Bagus Nurullah Nareswati Kintoko Budiningsih Németh-Szebeni, Zsófia Permatasari, Vivi Ayudya Qassim Hassan Rahmat, Doris Revania Tri Hapsari Sanjaya, Aditya Wiguna Sapto Hermawan Sapto Hermawan Satria Indar Dwi Kusuma Setiawati, Anisa Deny Soares, Ardyllis Alves Sugiarto, Aditya Ferryan Syahid Akhmad Faisol Syahid Akhmad Faisol Tajudin, Amalina Ahmad Tevan Agus Setiawan Tia Rahadatul 'Aisyi Tinambunan, Hezron Sabar Rotua Windya Nopryanti Zain, Ilham Muhammad