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Realizing Legal Certainty in Electronic Land Certificates: A Critical Reflection on Ontario’s Legislative Model for Indonesia Andilsim, Weyni; Tan, Winsherly; Jaya, Febri
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.520

Abstract

The digital transformation of land administration in Indonesia, under the framework of Government Regulation Number 18 of 2021, marks a crucial step toward modernizing public services. However, a fundamental problem of legal certainty for land rights arises from its delegative model of authority, under which essential technical regulations are issued through the Regulation of Minister of ATR/KBPN Number 3 of 2023. This reliance on a ministerial-level regulation creates potential long-term juridical and operational vulnerabilities. This research aims to critically analyze the weaknesses of this delegative model and project strategic solutions, employing a normative legal research method with a functional comparative approach. The Province of Ontario, Canada, a global pioneer, was selected as the comparative jurisdiction. The analysis reveals that Indonesia’s delegative model is exacerbated by practical challenges, including technological infrastructure gaps, a deficit in public trust, and uneven digital literacy. Conversely, Ontario’s integrative legislative model—supported by a comprehensive ecosystem of regulations at the Act of Parliament level, a mature public-private partnership, and strict access governance—has been functionally proven to achieve superior levels of legal certainty and efficiency. It is concluded that to achieve complete legal certainty, Indonesia must elevate and consolidate its legal framework into a comprehensive Bill on Electronic Land Registration, which would serve as a solid foundation for building a holistic digital ecosystem of trust.
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 Liability of Labour Recruitment Agencies in Ensuring The Rights of Indonesian Women Migrant Workers Abroad Asyikin, Marsya; Jaya, Febri; Nurlaily, Nurlaily
Jurnal Ilmiah Multidisiplin Indonesia (JIM-ID) Vol. 5 No. 02 (2026): Jurnal Ilmiah Multidisplin Indonesia (JIM-ID), February 2026
Publisher : Sean Institute

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Abstract

The international mobility of Indonesian women migrant workers constitutes a global phenomenon that is closely associated with a high risk of human rights violations, particularly due to inadequate legal protection during both the placement process and the period of employment. Labour recruitment agencies play a strategic role as key actors responsible for ensuring the fulfilment of women migrant workers’ rights from the pre-departure stage through placement and post-placement phases. This study aims to analyse the legal framework and the implementation of the legal responsibilities of labour recruitment agencies in guaranteeing the rights of Indonesian women migrant workers employed overseas. This research adopts an empirical legal research method, employing an integrative approach that combines a statutory analysis of key regulations particularly Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers with a sociological approach to examine the institutional behaviour of labour recruitment agencies in carrying out their legal obligations. The findings indicate that although Law Number 18 of 2017 normatively provides comprehensive regulations regarding the duties and responsibilities of labour recruitment agencies, its implementation in practice remains suboptimal. The primary weaknesses are found in legal education for workers, assistance during the placement period, monitoring systems, and post-contract protection mechanisms, which tend to be administrative in nature and insufficiently oriented towards rights restoration. Therefore, this study recommends strengthening state supervision, integrating inter-agency protection systems, and reinforcing the accountability of labour recruitment agencies as agents of legal and social protection in order to achieve fair, humane, and sustainable protection for women migrant workers.
The Effectiveness of the Implementation of Batam City Regional Regulation No. 11 of 2013: A Study on Waste Management (2024–October 2025) Utomo, Achmad Aji Setyo; Jaya, Febri; Ampuan Situmeang
Jurnal Ilmiah Multidisiplin Indonesia (JIM-ID) Vol. 5 No. 03 (2026): Jurnal Ilmiah Multidisplin Indonesia (JIM-ID), March 2026
Publisher : Sean Institute

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Abstract

Waste management issues in Batam City have become a critical environmental concern amid rapid population growth and intensive industrial activities. Although the Batam City Government has enacted Regional Regulation Number 11 of 2013 on Waste Management as a legal framework, its implementation in practice continues to face significant challenges. This study aims to analyse the effectiveness of the regulation and its legal implementation during the period 2024–2025, as well as to identify the inhibiting factors affecting its enforcement. The research employs an empirical legal method using statutory and sociological approaches, supported by interviews with officials from the Environmental Agency and officers at the Telaga Punggur Final Disposal Site (TPA). The findings indicate that the effectiveness of the regulation remains low due to weak law enforcement, limited infrastructure and facilities such as waste collection fleets and heavy equipment and low public awareness regarding waste segregation and management. Based on Soerjono Soekanto’s theory of legal effectiveness, these constraints are closely related to law enforcement actors, supporting facilities, and the legal culture of the community. This study recommends strengthening regulatory enforcement, upgrading waste management facilities, enhancing public education, and fostering synergy among government, communities, and the private sector to achieve an effective and sustainable waste management system in Batam City.
Limitation of Liability of Corporate Organs in the Establishment of a Sole Proprietorship Limited Liability Company Jaya, Febri; Afdal, Windi
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.138-148

Abstract

The type of research by the author in this study is normative legal research to involves and examining applicable laws and regulations as well as other relevant legal literature, commonly referred to as secondary data, in order to address specific legal issues in accordance with the research object. The liability of a limited liability company's organs is generally limited to the shares held in the company. However, in a Sole Proprietorship Limited Liability Company, management is carried out by the same person, both as Directors and as Meeting Decision-makers under the Job Creation Law. Therefore, in practice, there are many potential conflicts of interest that cause individuals who act as both founders and managers of a Limited Liability Company to be liable for their personal assets, provided that their errors and negligence can be legally proven in the Court where the Limited Liability Company is legally registered.