Adi Nur Rohman
Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia

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The Urgency of Enacting The Valuer Law: Supporting Land Acquisition for National Strategic Projects Effendry Rais; Laksanto Utomo; Amalia Syauket; Adi Nur Rohman
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 2 (2025): Siber International Journal of Advanced Law (October - December 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i2.323

Abstract

Land acquisition for public purposes, particularly toll road development as part of National Strategic Projects (PSN), cannot be separated from the mandate of Article 33 paragraph (3) of the 1945 Constitution, which affirms state control over natural resources for the prosperity of the people. In this process, the valuer profession holds a strategic position since valuation results serve as the legal basis for determining compensation, ensuring the principle of justice for affected communities. However, the regulation of valuers in Indonesia remains partial and limited to ministerial regulations. In the legal hierarchy, this position is lower than a law, thus providing insufficient legal certainty, opening space for multiple interpretations, and weakening protection for both valuers and service users. This situation contrasts with other countries such as Malaysia, Thailand, Japan, and Australia, which have placed the valuer profession within a statutory framework. The absence of a dedicated Valuer Law in Indonesia results in weak enforcement of the code of ethics, limited legal protection, and potential interventions that undermine valuers’ independence. Therefore, the enactment of a Valuer Law is an urgent necessity. Its presence will strengthen professionalism, accountability, and transparency in valuation, thereby enhancing public trust and ensuring the success of land acquisition for PSN in line with good governance principles and constitutional mandates.
Conflict of Authority Between Tourism and Shipping Over Special Sea Transportation for Tourism in Business Law Fatiyah Suryani Mile; St. Laksanto Utomo; Adi Nur Rohman
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 2 (2025): Siber International Journal of Advanced Law (October - December 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i2.327

Abstract

The rapid growth of marine tourism in Indonesia has generated complex legal intersections between the regulatory regimes of tourism and shipping, particularly concerning the governance of special sea transportation for tourism. This study examines the conflict of authority between the Ministry of Tourism and Creative Economy and the Ministry of Transportation regarding the regulation, licensing, and supervision of vessels operating as tourist transport. Using a normative juridical approach combined with conceptual and statutory analysis, the research identifies overlapping competencies that create legal uncertainty for business actors in the tourism maritime sector. Findings indicate that the dualism of authority originates from the differing legal frameworks: Law No. 10 of 2009 on Tourism and Law No. 17 of 2008 on Shipping, both of which assign regulatory powers over similar economic activities without clear hierarchical coordination. This overlap results in regulatory inconsistency, bureaucratic inefficiency, and investment barriers, undermining the principles of legal certainty and fair competition in business law. The study argues that the conflict can be resolved through harmonization of legal norms and the adoption of a business law perspective that treats marine tourism as a hybrid economic activity requiring integrated governance.  The research proposes a reconstruction of authority division based on the principles of lex specialis, subsidiarity, and economic efficiency, emphasizing collaboration between maritime and tourism agencies. Such reconstruction would provide a coherent regulatory environment that enhances legal certainty, protects investors and tourists, and promotes sustainable development of Indonesia’s marine tourism industry in alignment with national economic goals and maritime sovereignty.
The Urgency of Regulating Blockchain-Based Smart Contracts in International Business Law: Legal Certainty and Global Regulatory Harmonization Leni Indrawati; Dhaniswara K Harjono; Adi Nur Rohman; Elly Rachman
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 1 (2026): Siber International Journal of Advanced Law (July - September 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i1.417

Abstract

Blockchain-based smart contracts automate cross-border commercial performance, yet their finality does not by itself resolve questions of consent, validity, liability, applicable law, jurisdiction, evidence, remedies, and enforcement. Existing scholarship generally examines domestic contractual validity or sector-specific digital-asset regulation, leaving insufficient analysis of an integrated transnational framework. This study analyzes the legal status and regulatory urgency of smart contracts in international business law and formulates a harmonization model capable of reconciling code-based execution with legal certainty. It employs normative legal research using statutory, conceptual, comparative, and international-law approaches. Legal instruments and regulatory developments in Indonesia, the United States, the European Union, Singapore, UNCITRAL, and UNIDROIT are analyzed qualitatively. The study finds that functional equivalence and technological neutrality support legal recognition, but fragmented national rules remain inadequate for algorithmic error, oracle failure, code auditing, consumer protection, dispute resolution, and cross-border enforcement. The article proposes Transnational Smart Contract Regulation, an UNCITRAL-oriented model organized around legal recognition, blockchain evidence, electronic signatures, party autonomy, jurisdiction, code auditing, cybersecurity, digital consumer protection, online dispute resolution, and enforcement. Its novelty lies in integrating legal certainty, harmonization, and law-and-technology theories into a risk-based regulatory architecture that preserves innovation while ensuring intelligible consent, accountability, corrective intervention, and interoperable remedies.