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All Journal Masalah-Masalah Hukum Lex Scientia Law Review JILS (Journal of Indonesian Legal Studies) International Law Discourse in Southeast Asia
R. Benny Riyanto
Faculty of Law, Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

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From Justice to Politics: The Constitutional Court’s Role in Structured and Systematic Election Violations Rofi Wahanisa; R. Benny Riyanto; Syahwal; Eko Mukminto; Uche Nnawulezi
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.21103

Abstract

This research analyzes the judicial implications of the Constitutional Court’s rulings on structured, systematic, and massive (TSM) violations in Indonesian elections, and their impact on democratic integrity. Using a socio-legal approach, it combines legal analysis with social science perspectives to examine how the Court interprets and applies TSM principles within a broader socio-political context. The study finds that while the Constitutional Court plays a pivotal role in upholding electoral integrity and safeguarding democratic values, significant challenges remain. Chief among these is the difficulty of proving TSM violations, which are often entangled with powerful political interests. These challenges can weaken public trust, hinder accountability, and contribute to a democratic deficit. The study concludes that more robust judicial mechanisms and clearer evidentiary standards are needed to ensure fair adjudication and strengthen Indonesia’s democratic institutions.
ADVANCING CHILD RIGHTS IN URBAN GOVERNANCE: AN ANALYSIS OF POLICY IMPLEMENTATION AND CHALLENGES IN THE CHILD-FRIENDLY CITY INITIATIVE IN INDONESIA Rofi Wahanisa; R. Benny Riyanto; Eko Mukminto; Syahwal Syahwal; Septhian Eka Adiyatma; Uche Nnawulezi
Masalah-Masalah Hukum Vol 54, No 3 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.3.2025.389-408

Abstract

The Child-Friendly City program in Indonesia aims to integrate children's rights into urban governance, promoting safe, inclusive environments for children’s development. Initiated by the Ministry of Women’s Empowerment and Child Protection, this program has expanded significantly since its inception in the 2010s. It has gained recognition for establishing child-friendly infrastructure and services such as playgrounds, libraries, and health centers. However, rapid urbanization and climate risks have posed new challenges, prompting the inclusion of children’s participation in urban decision-making. The program is guided by 24 indicators assessing health, education, protection, and participation, categorizing cities into four achievement levels. Despite successes, empirical data from Pemalang Regency reveals a gap between policy aspirations and outcomes, with rising child violence cases indicating ineffective child protection. The study explores the discrepancy between policy formulation and implementation, analyzing institutional barriers such as fragmented governance, inadequate coordination, and resource constraints. Additionally, socio-cultural factors, including the view of child protection as a familial responsibility, further hinder progress. This research employs a non-doctrinal approach, combining legal and field-based analysis to identify these challenges and offer recommendations. The findings emphasize the need for comprehensive data systems, enhanced child protection training, and stronger coordination among local actors. By incorporating children’s voices into policy creation and strengthening legal frameworks, the Child-Friendly City program in Pemalang can become a model for broader child-rights realization, ensuring children’s safety, participation, and well-being in urban governance.
Halal Certification: The Gap between Administrative Compliance and Consumer Protection Nurul Fibrianti; R. Benny Riyanto; Ubaedul Mustofa; Shopia Clara Beauty Kusumawardhani; Anik Novita
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.41884

Abstract

Halal certification in Indonesia is regulated under Law No. 33 of 2014 on Halal Product Guarantee (Jaminan Produk Halal, JPH). Initially voluntary, certification is now mandatory for all products circulated, marketed, and traded in Indonesia. This study analyzes Indonesia's halal certification policy from a consumer protection law perspective. Although current policies emphasize increasing the number of halal-certified businesses, oversight of halal production through the self-declaration mechanism relies largely on the honesty of business actors, creating risks of Sharia compliance violations and undermining consumers' spiritual rights. The research employs a normative-empirical legal approach. Secondary data were obtained from the JPH Law, its implementing regulations, and the Consumer Protection Law, while primary data were collected through field research involving business actors. The findings show that despite mandatory certification requirements, compliance remains low and law enforcement is weak. The study contributes by examining legal harmonization and enforcement effectiveness in safeguarding Muslim consumers' right to halal products. From a consumer protection perspective, the current halal certification regime does not fully meet the standards required under the Consumer Protection Law. The self-declaration mechanism weakens consumer protection by reducing regulatory oversight and prioritizing ease of doing business over rigorous certification. Moreover, the absence of strict liability provisions and compensation for immaterial or spiritual losses indicates that halal regulation is still treated primarily as an economic instrument rather than a mechanism for protecting fundamental consumer rights. At the UMKM level, implementation often reflects pseudo-compliance, with halal labels used mainly as marketing tools rather than evidence of genuine Sharia compliance.
A Comparative Legal Analysis of Competition Law Protections for MSMEs in ASEAN Member States R. Benny Riyanto; Sucihatiningsih Dian Wisika Prajanti; Dina Silvia Puteri
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v4i2.36142

Abstract

This research analyzes the adequacy of legal protection for Micro, Small, and Medium Enterprises (MSMEs) against trade monopoly practices within the rapidly evolving digital market landscape of the Industrial Revolution 4.0 era. Although Indonesia’s Law Number 5 of 1999 provides preventive safeguards—such as prohibitions on anti-competitive agreements under Articles 5–8—and repressive mechanisms through administrative and criminal sanctions under Articles 30–37, these provisions remain structurally limited in addressing digital-platform dominance and algorithm-driven market distortions. The normative gap between traditional competition law and contemporary digital market realities necessitates a reassessment of MSME protection. Employing a normative legal research design with a statute approach, conceptual approach, comparative approach, and law-and-policy analysis, this study evaluates whether Indonesia’s current framework sufficiently responds to digital-era challenges. Comparative examination of Malaysia, Singapore, and Thailand demonstrates more adaptive regulatory models that integrate digital market oversight into competition law—evident in Malaysia’s Competition Act 2010 and MyDIGITAL Blueprint, Singapore’s enforcement by the Competition and Consumer Commission (CCCS) over dominant online platforms, and Thailand’s Trade Competition Act 2017, aligned with Thailand 4.0. These jurisdictions illustrate a functional convergence toward platform regulation, data transparency, and digital market fairness. This research argues that Indonesia must harmonize its competition policy with digital transformation by adopting platform-specific rules, strengthening algorithmic accountability, and integrating MSME-focused digital market protections. By situating business competition law within the broader digital-economy governance discourse, the study contributes a socio-legal and policy-oriented framework for promoting equitable and sustainable market participation for MSMEs in ASEAN’s digitalized economy.
Co-Authors Anik Novita Dina Silvia Puteri Eko Mukminto Nurul Fibrianti Rofi Wahanisa Septhian Eka Adiyatma Shopia Clara Beauty Kusumawardhani Sucihatiningsih Dian Wisika Prajanti Syahwal Syahwal Syahwal Ubaedul Mustofa Uche Nnawulezi