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Legal Effectiveness of E-Purchasing Implementation in Government Procurement: An Empirical Study from fhe Perspective of Transparency and Fairness in Indonesia Narendra Tricahya Pratama; Winsherly Tan; Nurlaily Nurlaily
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5264

Abstract

This study aims to analyze the effectiveness of e-purchasing implementation in the government sector from the perspectives of transparency and fairness. The method used in this study is empirical approach with data collected through interviews, observation, documentation, and literature review. Data were analyzed qualitatively using a descriptive-analytical method based on Soerjono Soekanto’s theory of legal effectiveness. The research was conducted in Indonesian government agencies, involving Commitment-Making Officials (PPK) and Budget-Using Officials (KPA) as informants. The novelty of this research lies in the gap between the ideal (das sollen) and reality (das sein) in the implementation of e-purchasing, where, normatively, this system is designed to ensure transparency and accountability; however, in practice, deviations as well as structural and cultural barriers within the procurement bureaucracy are still observed. The results of the study show that although regulations governing the procurement of goods and services are sufficiently robust, the implementation of e-purchasing still faces various challenges, such as technical system barriers, resistance from procurement officials, infrastructure limitations, and a bureaucratic culture that does not yet fully support the principle of transparency. Additionally, indications of fictitious procurement practices were found, suggesting weak oversight and enforcement of the law. Conclusion of this study is that the effectiveness of e-purchasing implementation has not yet been fully achieved. Therefore, it is necessary to strengthen technical regulations, improve human resource capacity and infrastructure, foster a bureaucratic culture that is transparent and accountable, and implement stricter and more systematic oversight to ensure that e-purchasing truly becomes an instrument of procurement modernization oriented toward the public interest.
Aligning Intellectual Property Rights with Climate Imperatives: A Comparative Study of Plant Variety Protection Lu Sudirman; Rufinus Hotmaulana Hutauruk; Agustianto Agustianto; Nurlaily Nurlaily; Hari Sutra Disemadi
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 10 No. 1 (2026)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v10i1.12706

Abstract

Indonesia's agricultural sector has been ridden with stagnation and mismanagement, contrasting Singapore, which despite the lack of potential, has been able to facilitate its agricultural sector to thrive while aligning with sustainability. In this context, Indonesia's Plant Variety Protection (PVP) Law represents an IPR regime that can be analyzed further to explore the potential of helping Indonesia tackle climate change. This research analyzes the legal capacity of Indonesia’s PVP regime to integrate climate action initiatives, which provides a novel perspective by bridging intellectual property rights and sustainability, with the added comparative angle of Singaporean perspective. The findings of this research indicate that Indonesia's PVP regime is outdated and ill-equipped to accommodate the regime’s inherent potential in being a part of the climate action. In contrast, Singapore boasts a more robust legal framework that has facilitated the growth of its modern agricultural sector, despite resource constraints, along with the lack of direct normative connection between sustainability and the PVP regime, due to supporting normative architectures. The perspective from Singapore represents a potential model for Indonesia to consider as it seeks to enhance its PVP regime and align it with broader climate change mitigation strategies.
Why Do the EU and Singapore Protect E-Commerce Consumers Better Than Indonesia? Elva Elva; Hari Sutra Disemadi; Nurlaily Nurlaily; Mimi Sintia Mohd Bajury
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 2 (2025): July-December
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i2.53695

Abstract

This study addresses the pressing research problem of how Indonesia’s existing legal enforcement framework fails to protect consumers from irresponsible e-commerce practices, in contrast with more advanced jurisdictions such as Singapore and the European Union. The primary objective of the research is to examine and compare the enforcement models employed in Indonesia, Singapore, and the EU, with a view to identifying strengths and gaps that may inform reforms in Indonesia’s legal system. Using normative legal research, employing both comparative legal and statutory approaches, the study relies on secondary legal materials and regulations from all three jurisdictions, and analyses them through descriptive qualitative methods underpinned by Progressive Legal Theory. The findings show the EU's leadership in data protection enforcement through strong turnover-based sanctions, independent supervisory bodies, cross-border dispute resolution, and rigorous due diligence. Singapore demonstrates moderate effectiveness through accessible consumer forums, robust PDPC enforcement, and compliance tools such as CaseTrust, though its scope remains limited. Indonesia lags behind, hindered by weak sanctions, fragmented oversight, underdeveloped dispute resolution mechanisms, and a lack of independent enforcement. These insights underscore the need for Indonesia to adopt systemic reforms, including turnover-based penalties, an independent data authority, integrated online dispute resolution, and coordinated regulatory frameworks, shifting from formalistic rules toward a progressive legal ecosystem that upholds consumer protection, accountability, and digital trust.
Deconstruction of Hierarchical Liability and Harmonization of Sanctions in Consumer Protection against Expired Food Products Melinda Melinda; Agustianto Agustianto; Nurlaily Nurlaily
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.706

Abstract

The circulation of expired food products poses risks to public health because legal subjects are not clearly defined, supervision remains fragmented, and food safety violations are often confined to civil dispute resolution. This study analyzes the hierarchical legal liability of business actors within the food supply chain and formulates a sanctions harmonization model to strengthen consumer protection. It uses normative juridical research with statutory, conceptual, and analytical approaches. The findings show that liability must be allocated according to each actor’s function in the supply chain. Producers are responsible for quality, labeling, and expiry dates from the production stage onward. Distributors are required to exercise due diligence in storage and circulation. Retailers and actors engaged in trading through electronic systems must ensure that products offered to consumers have not expired. In the recovery context, consumer compensation should not be limited to the administrative authority of the Consumer Dispute Settlement Agency but should also be linked to sectoral food law instruments that do not expressly provide a maximum nominal limit. In the criminal law context, Law Number 18 of 2012 remains the principal sectoral basis for the manipulation of expiry dates. However, its limited sanctions require harmonization with the regime under Law Number 8 of 1999 when the elements of the offense are independently proven. This study concludes that consumer protection against expired food products requires layered, proportionate, and integrated sanctions.
Child Labor in the Digital Era: A Study of Children Working as Content Creators in Indonesia Marsya Asyikin; Febri Jaya; Nurlaily Nurlaily
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3351

Abstract

Child Labor in the Digital Era: A Study of Children Working as Content Creators in Indonesia. This study aims to analyze the legal status and forms of legal protection for children working as content creators in the digital era in Indonesia. The increasing involvement of children in digital content production activities that generate economic value has created new legal issues, particularly regarding their classification as child workers and the potential for exploitation. This research uses a normative legal method with statutory and conceptual approaches through the analysis of national regulations and relevant international legal instruments. The results show that children’s activities as content creators substantively fulfill the elements of employment because they are structured, repetitive, and generate economic benefits. However, Indonesian positive law has not specifically recognized or regulated this type of work, resulting in a legal vacuum. Legal protection for child content creators requires limitations on work activities, proper income management, privacy protection, and the strengthening of the roles of the state, parents, and digital platforms. The study concludes that adaptive legal reform is urgently needed to provide legal certainty and optimal protection for children in the digital era.
Dark Patterns and Consumer Welfare in Digital Banking Practices in Southeast Asia: A Study of Indonesia, Malaysia, and Vietnam Agustianto Agustianto; Nurlaily Nurlaily; Lu Sudirman; Nur Fatihah; Hari Sutra Disemadi
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14531

Abstract

Consumer welfare in digital banking environment has become increasingly important, as dark patterns have been observed to have continued to emerge in many digital spaces. This subtle yet dangerous modern iteration of old unethical trade practices presents a serious threat to growing economies like Indonesia, Malaysia, and Vietnam, that are increasingly reliant on digital banking services in daily life activities. This study employs the normative legal research method and comparative approach to assess the key legal implications of dark patterns on banking consumers’ welfare and how the existing relevant frameworks are responding to this significant threat. Analyses made throughout the study highlight that all three jurisdictions exhibit a bifurcated inadequacy where general consumer protection laws lack digital-specific application mechanisms, while banking regulations prioritize prudential soundness over interface-level manipulation. Despite the divergent nature of the gaps found, UI/UX interface regulation remains the biggest gap that all three countries are dealing with, which is the primary manifestation of dark patterns. The study recommends establishing mandatory interface design standards supervised by regulatory authorities capable of imposing ex ante structural obligations on banks, to ensure that consumer welfare remains the paramount importance in ever-so-essential digital banking services.
Digital Advertising as a Threat to Consumer Privacy: A Comparative Legal Analysis Nurlaily Nurlaily; Lu Sudirman; Mimi Sintia Mohd Bajury; Hari Sutra Disemadi; Ninne Zahara Silviani
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 2 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v9i2.12656

Abstract

The rapid growth of digital advertising as a key component of the digital economy has intensified concerns over the protection of personal data and privacy rights. The primary legal problem addressed in this research is the inability of Indonesia’s current data protection framework to adequately regulate data-driven digital advertising practices and prevent unlawful identification of individuals, particularly when compared to South Korea’s more advanced regulatory regime. This study aims to comparatively analyze the legal frameworks governing personal data and privacy protection in digital advertising in Indonesia and South Korea and to propose a legal development model for Indonesia. This research employs a normative legal research method using a comparative statutory approach, focusing on Indonesia’s Law on Personal Data Protection and South Korea’s Personal Information Protection Act, along with its enforcement regulations. Legal norms are examined through statutory provisions and supported by relevant legal and academic literature. The findings demonstrate substantial regulatory disparities between the two countries. South Korea has established a comprehensive and technologically responsive legal framework, incorporating detailed data classification, recognition of pseudonymized data, strict profiling limitations, and strong institutional enforcement. In contrast, Indonesia’s legal framework remains structurally limited, relies heavily on undelivered implementing regulations, and insufficiently addresses indirect identification and advanced data-processing practices in digital advertising. This study proposes targeted legal reforms for Indonesia, including the integration of pseudonymization, enhanced data classification, criminalization of unlawful identification, and mandatory tracking notifications to strengthen privacy protection in the digital advertising ecosystem.
Reassessing Consumer Protection in Digital Markets: Information Asymmetry as Epistemic Injustice in Indonesia and the Philippines Nurlaily Nurlaily; David Tan; Febri Jaya; Nur Fatihah
Vifada Assumption Journal of Law Vol. 3 No. 2 (2025): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/ggab5b91

Abstract

Purpose: This study examines whether information asymmetry in digital markets can be understood as a form of epistemic injustice and to assess how the consumer protection frameworks of Indonesia and the Philippines respond to this problem. Research Design and Methodology: This research employs the normative legal research method and comparative approach, with epistemic injustice as the main philosophical, analytical lens. To supplement the analysis, the study utilizes key primary law sources, namely Law No. 8 of 1999 and Government Regulation No. 80 of 2019 from Indonesia; and Republic Act No. 7394 and the Internet Transaction Act of 2023 from the Philippines. Findings and Discussion: Information asymmetry is comprehensively identified as a form of testimonial and hermeneutical injustice that undermines consumers’ capacity as knowers. Normative analysis conclusively shows that both countries are reliant on general legal norms, incapable of philosophically and normatively capturing information asymmetry in today’s markets. In addition, deficiencies are also found in recent regulations, where algorithmic opacity and complaint-handling mechanism remain unaddressed. Implications: The study implies the need for comprehensive reform and proposes that legal development should move beyond broad fairness principles to operationalize specific digital safeguards, and clearer disclosures, along with verifiability and platform accountability standards.
Bridging Expectations and Experiences: Exploring Teacher–Learner Dynamics in the BIPA Program Nurlaily Nurlaily; Maya Marsevani; Yowina Trisannia; Rizky Putra
JOLLT Journal of Languages and Language Teaching Vol. 14 No. 1 (2026): January
Publisher : Universitas Pendidikan Mandalika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33394/jollt.v14i1.18044

Abstract

This study explored the alignment between teacher expectations and learner experiences of the BIPA (Bahasa Indonesia for Foreign Speaker) program. Since the demand for BIPA is increasing, these dynamics have to be understood in order to improve language learning outcomes. The research employed a mixed methods approach in a university in Batam and involved eight teachers and nine learners of different cultural backgrounds. Interviews, questionnaires and observations were used to gather data. The partial alignment of teacher expectations and learner experiences were found. Both focus on speaking skills and give regular feedback, but they differ in how to teach, how fast they should pace the lesson, and how to engage learners. The challenges that were faced include grammar, pronunciation and understanding spoken instructions. The research concluded that these gaps are addressed through differentiated instruction, interactive activities and culturally responsive teaching. These changes might increase learner satisfaction and program effectiveness. Research findings made clear the need for more learner centered approaches and provide important guidance for stakeholders and future studies to improve BIPA programs.
Implementation Of Integrative Legal Theory And Project Management Approach In Dispute Resolution Through Arbitration In International Commercial Contracts Verny Rahmadini; Nurlaily Nurlaily; Elza Syarief
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11084

Abstract

This study examines the integration of arbitration mechanisms and project management in resolving international trade disputes. Arbitration is chosen as the preferred dispute resolution method due to its confidential, flexible, final, and binding nature, as well as the international enforceability of its awards. In contrast, resolving international commercial contract disputes through Indonesian courts has proven to be time-consuming, involving multiple layers of appeal, and resulting in judgments that are difficult to enforce across jurisdictions. This normative juridical research employs primary and secondary legal materials to analyze legal issues and managerial approaches within arbitration. Romli Atmasasmita’s Integrative Legal Theory is used to bridge the values of legal certainty, utility, and justice, while project management concepts are applied to structure arbitration proceedings as a project consisting of planning, execution, and closing phases. The findings indicate that arbitration procedures align with the project life cycle, enabling dispute resolution to be carried out more effectively and systematically. The integration of these two approaches is evident in international commercial contracts, where arbitration clauses are commonly included as the designated dispute resolution mechanism.