Dodik Setiawan Nur Heriyanto
Fakultas Hukum Universitas Islam Indonesia

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Journal : Prophetic Law Review

A Prophetic Law Approach to Reconciling Indonesia’s Uneasy Relationship with Cross-border Surrogacy Heriyanto, Dodik Setiawan Nur; Ulvi Gasimzadeh
Prophetic Law Review Vol. 6 No. 1 June 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss1.art1

Abstract

The modernization of reproductive technology has made things easier for couples who are not yet blessed with children. Currently, the practice of surrogacy has been successful in providing children through surrogate mothers. Abroad, this practice can cross national borders, where the surrogate mother can come from a different nationality than the child's prospective parents. This practice is done to get good genes or offspring according to their hopes, especially if the couple rents a womb from a European or East Asian race. Two legal issues are studied in this research, namely those related to the legal status of the practice of surrogacy, which is cross-border according to private international law and Prophetic Law. Apart from that, this research also examines the urgency of regulating the practice of surrogacy in Indonesian law. This research, using a normative legal research methodology, concludes that even though the practice of surrogacy is considered legal based on private international law, from an Islamic Law perspective, this practice is strictly prohibited (Haram) because it obscures the child's lineage status. The law in Indonesia really needs to regulate the legal vacuum related to the surrogate mother practice both domestically and across national borders to ensure legal certainty.
Aligning Indonesia’s Energy-Market Competition Law with the Sustainable Development Goals: Pathways to a Just Energy Transition Anisah, Siti; Heriyanto, Dodik Setiawan Nur
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art6

Abstract

Indonesia’s Sustainable Finance Roadmaps (2015-2019; 2021-2025) elevate renewable-energy investment to a national priority, yet the 2023 primary-energy mix is still dominated by coal (39.7 %) and petroleum (29.9 %), with new-and-renewable energy (NRE) at just 13.3 % far short of the 23 % statutory target for 2025. This article undertakes a doctrinal methodology to determine whether the country’s current legal architecture furnishes the pro-competitive conditions required to mobilise private capital toward NRE in harmony with the Roadmaps and Sustainable Development Goals 7, 13, and 16. The study systematically interprets (i) Law No. 30 of 2009 on Electricity, Law No. 22 of 2001 on Oil and Gas, and Law No. 21 of 2014 on Geothermal; (ii) implementing regulations and ministerial decrees on grid access, procurement, and feed-in tariffs; (iii) the Law No. 5 of 1999 and its 2023 implementing guidelines; and (iv) OJK Regulation No. 51/POJK.03/2017 on sustainable-finance disclosure. Statutory provisions are examined for hierarchical consistency, internal coherence, and conformity with Article 33(3) of the 1945 Constitution and Indonesia’s treaty obligations under the Paris Agreement. Doctrinal scrutiny reveals three normative defects: (1) the electricity law’s exclusive procurement mandate enables PLN’s de facto monopsony, contravening the non-discrimination principle in the Competition Law; (2) opaque tariff-setting regulations conflict with transparency duties embedded in the sustainable-finance framework; and (3) sectoral licensing rules omit explicit alignment with OJK’s green-taxonomy criteria, undermining legal certainty for renewable-energy sponsors. The article recommends statutory amendments to embed open-access grid clauses, mandate competitive tendering consistent with fair-competition norms, and cross-reference green-taxonomy thresholds in energy licences. These reforms would synchronise Indonesia’s competition regime with its sustainable-finance objectives and supply the legal certainty essential for a just energy transition.