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All Journal JURNAL MAGISTER HUKUM UDAYANA Masalah-Masalah Hukum Jurnal Pendidikan Kewarganegaraan Undiksha Lentera Hukum Jurnal Komunikasi Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Hukum Novelty Prosiding Seminar Nasional INDOCOMPAC PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) JURISDICTIE Jurnal Hukum dan Syariah Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY Jurnal Selat Syntax Literate: Jurnal Ilmiah Indonesia Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Morality :Jurnal Ilmu Hukum Widya Yuridika Martabe : Jurnal Pengabdian Kepada Masyarakat NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Etika Demokrasi WAJAH HUKUM Legal Standing : Jurnal Ilmu Hukum Unes Law Review Jambura Law Review Jurnal Restorative Justice Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Al-Adalah: Jurnal Hukum dan Politik Islam JUSTISI ADIL : Jurnal Hukum SIGn Jurnal Hukum Prosiding National Conference for Community Service Project Journal of Law and Policy Transformation JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal Yustisiabel Eksekusi : Journal Of Law Pamulang Law Review Legal Spirit ARBITER: Jurnal Ilmiah Magister Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Paulus Law Journal LEGAL BRIEF Jurnal Komunitas Yustisia Journal of Judicial Review POLITICA: Jurnal Hukum Tata Negara dan Politik Islam Batulis Civil Law Review Jurnal Bedah Hukum PAMALI: Pattimura Magister Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS) Sultan Jurisprudence : Jurnal Riset Ilmu Hukum Yustisia Tirtayasa: Jurnal Tugas Akhir Audi Et AP : Jurnal Penelitian Hukum Jurnal Legisia Legal Protection for the Partnership Agreement Parties Qonun Jurnal Hukum Islam dan Perundang-Undangan Conference on Community Engagement Project (Concept) Jurnal Hukum dan Pembangunan Nomos : Jurnal Penelitian Ilmu Hukum Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah SASI Syura: Journal of Law Abdurrauf Journal of Community Service Greenation International Journal of Law and Social Sciences Lex Scientia Law Review
Lu Sudirman
Universitas Internasional Batam
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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Application of Development Law Theory in Overcoming Legal Voids Related to Land Ownership Restrictions in Indonesia Jaya, Febri; Sudirman, Lu; Tan, David
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.48622

Abstract

Considering that housing is a fundamental human need, the fulfillment of adequate housing constitutes a governmental responsibility. This aligns with the mandate of Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which guarantees a decent standard of living for all citizens. The government has a responsibility to provide decent housing for all Indonesian people. The absence of legal regulations regarding the limitation of ownership of land rights for residential houses for individuals causes a person to freely and without limits buy a residential house. Through a normative legal study, this research aims to examine the dimensions of the theory of developmental law and its application in addressing legal gaps concerning land ownership restrictions in Indonesia. To answer the problems in this research, the researcher uses a normative type of research with a legal approach to fill the lacuna of existing legal regulations in Indonesia since the object of the research is not yet legally regulated. The findings indicate that the theory of developmental law serves as a highly relevant and appropriate theoretical framework to be further explored and applied in filling the existing legal vacuum related to the study’s object. The problems faced by each individual (especially people of the middle to lower income) to get a decent house are of course the responsibility of the government. This situation is constitutionally mandated under the 1945 Constitution of the Republic of Indonesia. The answers to the problems, the researcher will approach the study by utilizing the approaches, in particular the Welfare State Theory of John Rawls, and the Law Development Theory of Mochtar Kusumaatmadja.
Legal Certainty in the Enforcement of Copyright Infringement on E-Commerce Platforms in Indonesia Leonardo, Steven; Sudirman, Lu; Disemadi, Hari Sutra
Jurnal Restorative Justice Vol. 9 No. 1 (2025): Jurnal Restorative Justice
Publisher : Universitas Musamus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v9i1.6549

Abstract

Although Indonesia has Law No. 28 of 2014 on Copyright, the legal problems of copyright infringement in transactions on e-commerce platforms are legal regulations regarding the enforcement of copyright infringement and the awareness of e-commerce platform users. There is a gap between the current law and the reality on the ground, and piracy is still widespread. The purpose of this study is to analyze legal certainty in the enforcement of copyright infringement on e-commerce platforms based on the current law and to identify challenges in its enforcement. The method used in this research is a normative legal research method that involves analyzing laws and regulations, legal theories, and literature related to copyright and e-commerce issues. The findings of this study recommend the reconstruction of copyright enforcement on e-commerce platforms in Indonesia through the integration of advanced technologies such as Artificial Intelligence (AI) and automated algorithms to effectively detect and monitor violations, accompanied by the simplification of administrative processes. Additionally, it emphasizes the importance of defining specific responsibilities for e-commerce platforms, strengthening sanctions for royalty payment violations, and increasing legal awareness among users through educational campaigns and transaction agreements that include copyright protection to ensure legal certainty in the digital era.
Challenges in Credit Agreements when the Debtor Dies: A Consumer Protection Law Perspective Agustini, Shenti; Sudirman, Lu; Agustianto, Agustianto
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.48257

Abstract

Credit agreements that include credit life insurance are a way to provide protection for banks and debtors. However, the problem is that the implementation of credit life insurance in credit agreements is not ideal. The purpose of this study is to analyze the legal protection for banks and debtors in credit agreements and to find an appropriate legal solution to provide legal protection for both banks and debtors. The research method used is empirical juridical and utilizes the Legal Protection Theory by Philipus M. Hadjon. The results of the study indicate that the inclusion of credit life insurance in credit agreements is not implemented ideally, so that credit life insurance does not fully provide protection for both banks and debtors as consumers. Therefore, the legal solutions offered in this research are ideal legal protection, information transparency is also necessary, a separate agreement is also needed, a fairer Banker's Clause is also needed, an effective complaint and dispute resolution mechanism is also needed, consistent implementation of Standard Operating Procedures (SOPs) is also necessary.
Judicial Reasoning in Banking Contract Defaults: A Case Study from Indonesian District Courts Arifiyansyah, R. Muhammad Arfit; Sudirman, Lu; Situmeang, Ampuan; Fatihah, Nur
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11243

Abstract

Banking customer default (wanprestasi) cases have increasingly dominated civil litigation in Indonesian district courts, particularly following the economic disruptions caused by the COVID-19 pandemic. While debtors frequently acknowledge contractual breach, courts are often confronted with non-juridical arguments based on economic hardship, creating a tension between strict contractual enforcement and the pursuit of substantive contractual justice. This study aims to analyze judicial reasoning in adjudicating banking customer default by examining Decision No. 22/Pdt.G.S/2023/PN Batam and assessing its conformity with the provisions of the Indonesian Civil Code. The research employs a normative juridical method using statutory and case approaches, relying on secondary legal materials including court decisions, statutory regulations, and legal doctrines. The findings reveal that the court consistently applied Articles 1239, 1243, and 1244 of the Civil Code, declaring the defendant in default due to failure to fulfill credit repayment obligations despite multiple formal warnings (somasi). Judicial reasoning was primarily grounded in written evidence and the debtor’s explicit acknowledgment of default, allowing the case to be resolved efficiently under the simplified lawsuit mechanism. The court ordered full repayment of the outstanding loan or, alternatively, authorized the auction of collateral through the State Assets and Auction Service Office (KPKNL). However, the analysis also indicates that the judgment predominantly emphasized legal certainty and contractual compliance while giving limited consideration to the debtor’s post-pandemic economic condition and request for installment relief. This study is significant as it demonstrates how simplified civil procedures reinforce creditor protection and procedural efficiency, yet simultaneously expose limitations in accommodating substantive contractual justice. The findings contribute to the development of default theory in banking law and provide critical insights for improving judicial responsiveness in contractual disputes involving socio-economic vulnerability.
Digital Advertising as a Threat to Consumer Privacy: A Comparative Legal Analysis Nurlaily, Nurlaily; Sudirman, Lu; Bajury, Mimi Sintia Mohd; Disemadi, Hari Sutra; Silviani, Ninne Zahara
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.
EU Lessons on Digital Market Dominance for Indonesia and the Philippines Sudirman, Lu; Jaya, Febri; Fatihah, Nur; Tan, David; Silviani, Ninne Zahara
Greenation International Journal of Law and Social Sciences Vol. 4 No. 1 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (March - A
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i1.790

Abstract

This study aims to examine the adequacy of antitrust frameworks in Indonesia and the Philippines in addressing digital market dominance, particularly when benchmarked against the European Union’s Digital Markets Act (DMA). This objective is aimed at addressing the literature gap where existing studies have yet to systematically assess how ex-ante regulatory logic, as pioneered in the EU context, can be normatively adapted to the specific deficiencies of Southeast Asian antitrust frameworks. The research employs a normative legal method combined with a comparative approach, analyzing statutory regulations and relevant legal literature, including Indonesia’s Law No. 5 of 1999, the Philippine Competition Act, and the EU DMA. The findings reveal that both countries’ competition laws are inadequate in addressing the complexities of digital markets, particularly in relation to data control, network effects, algorithmic practices, and platform dependency. Indonesia’s framework is significantly outdated, while the Philippines’ law, although more recent, still lacks digital-specific provisions. Aside from normative deficiency identification, the benchmarking against DMA also reveals that the ex-ante approach is more suitable to address today’s digital platform dynamic, which leads this study to contribute a legal development model for both Indonesia and the Philippines, each tailored to their existing normative architecture
Does Constitutional Court Decision No. 90/PUU-XXI/2023 Violate the Nemo Judex in Causa Sua Principle? Syahputri, Della Hervi; Simatupang, Ampuan; Sudirman, Lu
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11050

Abstract

This study addresses the problem of potential violations of the nemo judex in causa sua principle in Constitutional Court Decision No. 90/PUU-XXI/2023 and their implications for judicial integrity and public trust in Indonesia’s constitutional system. The objective of this research is to analyze the application of the nemo judex in causa sua principle in the decision and to examine its impact on public confidence in the Constitutional Court, particularly in electoral judicial review cases. This study employs a normative juridical method using statutory, conceptual, and case approaches, supported by qualitative analysis of legal materials, judicial decisions, and academic literature. The findings reveal that although the principle of nemo judex in causa sua is normatively recognized in Indonesian law, its implementation remains insufficiently regulated, thereby creating opportunities for conflicts of interest within judicial processes. The analysis of Decision No. 90/PUU-XXI/2023 indicates indications of compromised judicial impartiality, which triggered widespread public criticism and contributed to a decline in institutional credibility. Empirical data further demonstrate fluctuations in public trust, suggesting that controversial decisions perceived as biased can significantly weaken democratic legitimacy, while decisions aligned with fairness and constitutional values tend to restore public confidence. This study highlights the urgent need for institutional reform, including the formalization of recusal mechanisms, stricter enforcement of judicial ethics, and enhanced transparency and accountability in judicial proceedings.
Unregulated Self-Preferencing in ASEAN Digital Platform Ecosystems Sudirman, Lu; Tan, David; Afdal, Windi; Fatihah, Nur; Hutauruk, Rufinus Hotmaulana
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.810

Abstract

The rapid expansion of digital platforms in Southeast Asia has intensified concerns regarding self-preferencing practices within vertically integrated ecosystems, which often operate in opaque and difficult-to-detect forms. This study examines the inadequacy of existing antitrust frameworks in Indonesia, the Philippines, and Vietnam in addressing such anti-competitive conduct. The research aims to assess the normative sufficiency of these legal systems and identify regulatory gaps in tackling self-preferencing in digital markets. This study employs a doctrinal legal research method combined with a comparative approach. The findings reveal that all three jurisdictions face significant limitations, particularly due to the absence of explicit prohibitions on self-preferencing mechanisms to address algorithmic bias, particularly in its early stage. Indonesia demonstrates the most substantial deficiencies, while the Philippines and Vietnam offer relatively more flexible interpretative tools, albeit still insufficient in addressing the complexities of digital ecosystems. The study concludes that the current, primarily ex-post approach in the relevant frameworks needs to be supported by an ex-ante mechanism, which leads the study to recommend the introduction of explicit legal recognition of self-preferencing and expansion of vertical integration provisions, along with other safeguards to prevent further competitive damage from self-preferencing.
Legal Certainty of the Electronically Integrated Business Licensing System: A Comparative Regulatory Analysis between Indonesia and Malaysia Bachtiar, Ronald Reagan Jap; Sudirman, Lu; Disemadi, Hari Sutra
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.v8i1.626

Abstract

The electronic licensing transformation through the OSS system in Indonesia faces administrative dysfunction caused by the collision of institutional sectoralism and regional autonomy. This contradicts the governance efficiency of the MalaysiaBiz ecosystem in Malaysia, which operates more adaptively. This research aims to compare the electronic licensing regulatory framework in both countries and formulate a digital administrative governance reconstruction strategy in Indonesia. Employing a normative legal method with statute, comparative, historical, and conceptual approaches, this study examines primary legal materials comprising Law Number 6 of 2023 and the Companies Commission of Malaysia Act 2001. The research results indicate that Indonesia’s licensing architecture rests upon a rigid rule-based approach with ex-ante supervision. Conversely, Malaysia’s efficiency is based on a precise separation between centralized entity registration and local licensing authorities, supported by a strict ex-post compliance audit system. Addressing this gap, this research recommends the implementation of a hybrid regulatory approach for Indonesia’s licensing governance. In the upstream phase, reduce authority fragmentation and regional autonomy impediments by applying the deemed approval instrument. In the downstream phase, this policy must be counterbalanced by the establishment of a cross-authority sanction ecosystem between the OSS management and the Ministry of Law to execute the striking off the register sanction for spatial planning violating corporations. This hybrid approach, contingent on equalizing digital infrastructure, is expected to uphold the supremacy of the legal certainty principle while enhancing Indonesia’s investment competitiveness in the ASEAN economic integration era.
Restrictions on Individual Land Ownership for Residential Purposed in Indonesia: A Proposed Solution Febri Jaya; Lu Sudirman; Nurlaily Nurlaily; David Tan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 2 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20367507

Abstract

The government has a responsibility to provide decent housing for all Indonesian people. The absence of legal regulations regarding the limitation of ownership of land rights for residential houses for individuals causes a person to freely and without limits buy a residential house. The purpose of housing purchases has shifted from the needs to be an investment does not protect the rights of all citizens to obtain a decent place to live in order to achieve prosperity and justice. To answer the problems in this research, the researcher uses a normative type of research with a legal approach to fill the lacuna of existing legal regulations in Indonesia since the object of the research is not yet legally regulated. The focus of attention on normative law as a practical science is to change the situation and offer solutions to concrete and potential social problems. The problems faced by each individual (especially people of the middle to lower income) to get a decent house are of course the responsibility of the government. This situation is constitutionally mandated under the 1945 Constitution of the Republic of Indonesia. The answers to the problems, the researcher will approach the study by utilizing the approaches, in particular the Welfare State Theory of John Rawls, and the Law Development Theory of Mochtar Kusumaatmadja. As a conclusion, the solution proposed by the researcher is the application of the triple check system in the preparation of Government Regulations regarding the limitation of control over the land rights for residential houses for individuals in Indonesia.
Co-Authors ., Jane Abao, Grace Angela Adristy, Baiq Shefania Agustianto Agustianto Agustianto, Agustianto Agustini, Shenti Ahmad, Faradina Alhakim, Abdurrakhman Amboro, F. Yudhi Priyo Ang Terina Angel Tng Antony Arifiyansyah, R. Muhammad Arfit Arwa Meida Aninda Ayunda, Rahmi Bachtiar, Ronald Reagan Jap Bago, Ester Intensis Bajury, Mimi Sintia Mohd Bayu Anggara, Sultan Celline, Celline Cendy Glaksy Chairunnisa Chairunnisa Chandra Simbolon Cynthia Putri Guswandi David Tan Denygianto Halim Desy Crisyanti Dhani, Ayen Sephia Disemadi, Hari Sutra Dwiki Surya Pratama Elza Syarief, Elza Eny Eny Eny, Eny Eva Dian Sari Excel Brayen Sandoval Farahdina, Farahdina Fatihah, Nur Febri Jaya Febriyani, Emiliya Ferryanto, Justitia Fiona Fiona Fiorentine, Jasisca Fitri, Winda FL. Yudhi Priyo Amboro, FL. Yudhi Priyo Fraiskam, Natasha Girsang, Junimart Gita Aulia Guswandi, Cynthia Putri Haris, Muhammad Tan Abdul Rahman Haryati, Lily Hendry Naga Wijaya Hendryani Hendryani Hendryani, Hendryani Henry Soelistyo Budi, Henry Soelistyo Heru Susetyo Hutahuruk, Rufinus Hutauruk, Rufinus Hotmaulana Ida Bagus Rahmadi Supancana Insti, Putri Deviana Irawati, Jovita Iswara, Vizta Dana Jacelyn Jacelyn Jacelyn, Jacelyn Jaya, Febri Jerryen, Jerryen Jessca Jessca Jessca, Jessca Jessie Limmousine Jessy Wijaya Joel Jordan Tobing Jonkarlo, Edson Jonker Sihombing Julvina, Julvina Junimart Girsang Junimat Girsang Jur. M. Udin Silalahi Karim, Justin Joy Kevin Charles Lee, Michelle Lendrawati Lendrawati, Lendrawati Leonardo, Steven Lie, Cindy Maharani Siregar, Ghea Regita Malau, Hotmaulina Manurung, Intan Manurung, Kevin John Paul Marfin Timu Apy Phymma Mega Tri Astuti Mrs. Feronica Mrs. Feronica Naga Wijaya, Hendry Nipon Sohheng Nisa Nurfitri Nur Fatihah Nurfitri, Nisa Nurjanah, Listia Nurlaily Nurlaily Nurlaily NURLAILY, NURLAILY Oktavia, Ariani Park, Jihyun Prastiyo, La Ode Agung Pratama, Dwiki Surya Priyo Amboro, Florianus Yudhi Priyo Sambodo Raziansyah, Reza Philafi Rina Shahriyani Shahrullah Ritonga, Moehammad Mahastar Romadona, Hanifah Ghafila Rudolf Haiti Rufinus Hotmaulana Hutahuruk Sahputra, Rendi Santoso, Deddy saputra tanwir, yopta eka Saputra, Dedi Eka Sari, Rayon Seroja, Triana Dwi Setiawan, Marthalia Sherlin Sherlin Shinta . Siahaan, Hervyan Siburian, Hasoloan Silviani, Ninne Zahara Simatupang, Ampuan Sirait, Regina Ulianna Siregar, Zulhirdan Situmeang, Ampuan Stella Theo Steven Steven Steven Steven Sulastri Sulastri Sultan Bayu Anggara Syahputri, Della Hervi Syamsiar, Syamsiar Syrief, Elza Tan, David Tan, Winsherly Terina, Ang Tobing, Dian Riama L Tobing, Joel Jordan Tony Tony Triana Dewi Seroja Triana Dewi Seroja Trisetyo, Muhammad Dhimas Udu, Jericho Utari Afnesia Wagiman, Wagiman Warianto, Wahyudi Widi Waisaka Windi Afdal, Windi Winnie Stevani Wisnu Yuwono Yan Pin Zulfi, Natasya Artameivia Zulhirdan Siregar