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All Journal Novum : Jurnal Hukum Pandecta Rechtsidee Mimbar Keadilan Jurnal Hukum Lingkungan Indonesia Jurnal Wawasan Yuridika Jambura Law Review Jurnal Suara Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Kajian Pembaruan Hukum Indonesian Journal of Innovation Studies Pancasila: Jurnal Keindonesiaan Amorti: Jurnal Studi Islam Interdisipliner Golden Ratio of Law and Social Policy Review (GRLSPR) Indonesian Journal Of Law Studies Ex Aequo Et Bono Journal of Law Journal of Law and Legal Reform Realism: Law Review HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Lex Scientia Law Review indonesian Journal of Administrative Law and Local Government (IJALGOV) Indonesian Journal of Sport Law Bhinneka Tunggal Ika: Pancasila Jurnal Internasional Berbahasa Indonesia (BTI)
Prasetio, Dicky Eko
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Lex Sportiva in Indonesian Sports Law: Autonomy, Independence, and Harmonization with National Law Prasetio, Dicky Eko; Al-Farisi, Zeidan Izza
Indonesian Journal of Sports Law Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijsl.v1i02.35931

Abstract

The principle of lex sportiva as the main principle in sports law has not yet been regulated in Law No. 11 of 2022 on Sports. The lack of regulation of the lex sportiva principle results in the suboptimal application of the lex sportiva principle in Indonesian sports law. This research aims to analyze the position of the lex sportiva principle in Indonesian sports law and its relevance to the national legal system. This research is a normative legal study that emphasizes a legislative and conceptual approach. The results of this study indicate that sports law, as a new field in legal science, is based on the principle of lex sportiva, which is related to independence, autonomy, and harmonization with the national legal system. The recommendations offered in this study include the need for a revision of Law No. 11 of 2022 on Sports Law by emphasizing the position of the lex sportiva principle in Indonesian sports law, as well as the need for an understanding of the lex sportiva principle in the organization of sports, including making the lex sportiva principle a part of legal considerations for judges in the Supreme Court and the Constitutional Court when adjudicating disputes related to sports aspects.
Bajo Tribal Marine Customary Rights Supervision: A Reform with Archipelagic Characteristics Prasetio, Dicky Eko; Ronaboyd, Irfa
Jurnal Kajian Pembaruan Hukum Vol. 2 No. 2 (2022): July-December 2022
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v2i2.25255

Abstract

There are provinces in Indonesia considered “archipelagic” and “non-archipelagic.” One criterion is to determine whether a province has an ocean wider than the land, with the so-called matter of geography. The issue raised here is a condition where an archipelagic custom exists in a non-archipelagic province. Such a gap between geographical concern and customary characteristics brings at least two consequences. First, a non-archipelagic province has been set out in the international customary law of the sea, including the 1982 UNCLOS on Traditional Fisheries Rights and the law on the Management of Coastal Islands and Small Islands. Second is the problem of recognizing a unique coastal-oceanic socio-culture in that province. This study was motivated to bridge the two, i.e., the legal and socio-cultural case of the Bajo Tribe in Gorontalo Province. Bajo is a tribe with an archipelagic socio-cultural tradition, while Gorontalo is categorized as a non-archipelagic province. So far, there is no clear legal framework on how the national and international laws captured the existing tradition, custom, and wisdom, as shown in Bajo’s. In this regard, a normative legal method was used by collecting and analyzing how national and international instruments answered the call from the Bajo Community. This study found that, at the core, the main issue was the gap of recognition between geography and socio-cultural perspectives in policy-making. This study also found that the Bajo has experienced a limbo due to the no clear policy on how the existence of their community is accommodated. Finally, this research suggested that an archipelagic tradition such as Bajo’s should be recognized in the non-archipelagic province’s policy to construct a bridge connecting geography and socio-cultural tradition.
Legal Uncertainty and Barriers to Women's Representation in Village Governance: Ketidakpastian Hukum dan Hambatan Keterwakilan Perempuan dalam Tata Kelola Pemerintahan Desa Mulyono, Edy; Widodo, Hananto; Rusdiana, Emmilia; Prasetio, Dicky Eko
Indonesian Journal of Innovation Studies Vol. 26 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v26i1.1283

Abstract

Background: Women's representation in Indonesia's Village Consultative Bodies (BPD) is essential for gender equality and inclusive governance. However, unclear regulations, socio-cultural barriers, and weak enforcement hinder progress. Gap: Legal ambiguities and inconsistent practices limit effective participation and gender-responsive decision-making. Aim: This study explores the legal uncertainties affecting women's representation in BPDs and their broader impacts. Results: Findings highlight unclear legislation, gaps between national and regional regulations, and insufficient enforcement, compounded by cultural biases, reducing women’s motivation and participation. Novelty: The study provides a unique analysis of legal and socio-cultural challenges, offering actionable reform strategies. Implications: Clearer regulations and empowerment programs can improve representation, fostering equitable governance and sustainable development. Highlights: Legal ambiguities in regulations hinder women’s effective participation in BPDs. Socio-cultural biases significantly reduce opportunities for gender-responsive governance. Clearer policies and empowerment programs are vital for equitable local development. Keywords: Women's Representation, Village Consultative Bodies, Gender Equality, Legal Uncertainty, Governance
The Impact of Labor Law Reform on Indonesian Workers: A Comparative Study After the Job Creation Law Nugroho, Arinto; Ronaboyd, Irfa; Rusdiana, Emmilia; Prasetio, Dicky Eko; Zulhuda, Sonny
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14064

Abstract

This study is expected to have significant implications for policymakers and stakeholders in Indonesia and other developing countries seeking to reform their labor laws. The study can validate the development of new policies and programs to protect the rights of the workers, promote decent work, and provide greater access to social protection. The discussion on comparing labor regulations before and after implementing the Job Creation Law (The Law Number 6 Year 2023) in Indonesia covers several key aspects, including wage arrangements, outsourcing, social protection, and fixed-term employment agreements (PKWT). The Job Creation Law reflects the trend to provide more flexibility to employers, allowing them to customize working conditions according to business needs. While a push exists to improve the investment climate and create jobs, these changes raise serious questions about workers’ rights and welfare, particularly concerning about social protection and job security. This comparison indicates significant changes in Indonesia’s labor regulations, providing a clearer picture of workers’ challenges and opportunities. Labor law reform in Indonesia has impacted workers’ perception and responses. While some perceive it as a positive step that strengthens legal protection against unfair termination of employment, many workers still experience inequalities in access to health insurance, pensions, and workplace accident insurance. The government and stakeholders should work to improve workers’ access to social security and strengthen law enforcement and oversight to minimize potential implementation failures that could harm the rights of the workers.
Naturalization in Sports from the Perspective of Sports Nationalism Based on Bhinneka Tunggal Ika Prasetio, Dicky Eko
Bhinneka Tunggal Ika: Pancasila Jurnal Internasional Berbahasa Indonesia Vol. 2 No. 2 (2025): VOLUME 2 ISSUE 2, NOV 2025
Publisher : Badan Pembinaan Ideologi Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52738/bti.v2i2.49

Abstract

Naturalization in sports is a global phenomenon that occurs worldwide, including in Indonesia. In Indonesia, this creates problems in the form of the stigma of "foreign players" or naturalized players versus local players, which causes issues, particularly in relation to the value of Bhinneka Tunggal Ika (Unity in Diversity). This research aims to analyze the aspects of naturalization in the field of sports as an effort to enhance national values, particularly Bhinneka Tunggal Ika, based on sports nationalism, while reaffirming reconstruction efforts in the legal field. This research is legal research that emphasizes the socio-legal aspects, using a conceptual and legislative approach. The research findings confirm that from a sports nationalism perspective, sports holds very positive values for strengthening national identity in society. The presence of naturalized players in the national team actually broadens the definition of nationality, so that society no longer sees citizenship solely as something born from blood ties and homeland, but also as an inclusive social bond that values the diversity of athletes' origins. Legal reconstruction to uphold the value of Bhinneka Tunggal Ika requires a revision of the Citizenship Law. This revision must emphasize the principle of priority in naturalization, giving primary opportunity to Indonesian descendants abroad or individuals with historical, cultural, or emotional ties to Indonesia as their ancestral country. The revision of the Citizenship Law must also regulate the substantive requirements that athletes undergoing the naturalization process must meet, including the obligation to participate in guidance and training that focuses on introducing and internalizing national insights, Pancasila values, the spirit of Bhinneka Tunggal Ika, and local wisdom, which are the cultural foundations of the Indonesian nation.
Legal Reform of Legal Profession Amidst the Development of Artificial Intelligence in Indonesia: The Perspective of Mesu Budi's Philosophy of Law Masnun, Muh. Ali; Prasetio, Dicky Eko; Ikram, Denial; Aqdamuyasyaro P, Puja
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i02.72355

Abstract

The use of Artificial Intelligence (AI) within the legal profession raises significant concerns about whether the extensive application of AI could potentially replace human roles in this field. This study aims to analyze the challenges and dynamics associated with the implementation of AI in the legal profession, and to compare AI regulations across Indonesia, Malaysia, and the European Union. This research is a normative legal study employing conceptual, case-based, and legislative approaches. The findings affirm that AI will not replace the role of humans in the legal profession. As an officium nobile, the legal profession inherently requires moral, humanitarian, and value-based considerations that can only be performed by humans. The presence of "mesu budi"—a concept reflecting comprehensive utilization of IQ, EQ, and SQ—underscores that these facets are uniquely human and cannot be substituted by AI. The comparative analysis of AI regulations between Indonesia, Malaysia, and the European Union reveals that Indonesia's regulatory framework is lagging and lacks specific provisions regarding the use of AI in the legal profession. This study recommends the establishment of dedicated regulations for AI, particularly concerning its application in legal professions and associated accountability measures.
Reconstruction of the Normative Legal Research Paradigm in Responding to Global Challenges: An Epistemological Analysis Masnun, Muh. Ali; Prasetio, Dicky Eko; Maalikatussofa
NOVUM : JURNAL HUKUM Vol. 12 No. 03 (2025): Reframing Law as Epistemic and Ethical Praxis: Justice, Certainty, and Normat
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i03.74364

Abstract

Legal research is essentially a scientific activity conducted by both academics and legal practitioners. Legal research has so far been dominated by a normative approach that focuses on internal analysis of the legal system, although its development has led to various problems. This article aims to propose a legal research paradigm to address global challenges. The analysis results show that there is an urgency to reconstruct the legal research paradigm towards a more comprehensive approach. This approach emphasizes the integration of the strengths of normative analysis with external dimensions through empirical, sociological, and interdisciplinary perspectives. The reconstruction of this paradigm is not intended to replace the normative approach, but rather to expand and enrich legal analysis to make it more contextual, adaptive, and reflective. With epistemological, methodological, and axiological renewal, the legal research paradigm is expected to drive a more substantive, just, and relevant transformation of law to meet the needs of society in the contemporary era.
Lex Sportiva and Lex Ludica: The Existence and Reconstruction of Sports Law Principles in the Postmodern Era Prasetio, Dicky Eko; Akmal Habib, Muhammad
NOVUM : JURNAL HUKUM Vol. 12 No. 03 (2025): Reframing Law as Epistemic and Ethical Praxis: Justice, Certainty, and Normat
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Sports law is a relatively new field that examines the legal aspects of sports, which is experiencing increasingly rapid development, particularly in the postmodern era. The principles of lex sportiva and lex ludica are fundamental in the field of sports law, but in practice, they often clash. This research aims to analyze and reflect on these principles as important foundations in Indonesian sports law in the postmodern era, viewed from the perspective of legal philosophy. This research is normative legal research that examines aspects of legal philosophy, so its orientation is not merely normative-doctrinal, but also reflective. The research findings confirm that the development of sports law in the postmodern era shows a significant increase, characterized by the emergence of the idea of legal pluralism, where non-state law plays an important role as a complement and counterbalance to state law. The fundamental essence of these principles reflects the plural and complex dynamics of law, where both principles possess their own autonomy and independence, complementing each other within the sports legal system. This research recommends strengthening the understanding of legal pluralism and clarifying the lex sportiva, which is related to its general characteristics, while the lex ludica emphasizes the independence and autonomy of game law in each sport.
Co-Authors Adam Ilyas Akmal Habib, Muhammad Al-Farisi, Zeidan Izza Aqdamuyasyaro P, Puja Arinto Nugroho Awang, Mohd Badrol Bakker, Felix Ferdin Baxadirovna, Bazarova Dildora Chemaming, Sunanta Dharma, Bagus Surya Disantara, Fradhana Putra Edy Mulyono EMMILIA RUSDIANA, EMMILIA ENY SULISTYOWATI HANANTO WIDODO Hudat, M. Adib Nur Ikram, Denial Indrayani, Kiki Irfa Ronaboyd Lestari, Putri Diah Maalikatussofa Masnun, Muh Ali Masnun, Muh. Ali Noviyanti Noviyanti, Noviyanti Purwanto Purwanto S. Sulaksono Saputro, Oky Sapto Mugi Sonny Zulhuda Subagyo, Ridwan Arma Sulaksono, Sulaksono Suwandi, Mohamad Ardin Tamsil Tamsil Tamsil, T. Wedhatami, Bayangsari