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The Legal Character of Mining Service Contracts by State-Owned Enterprises/SOEs (Persero) in Indonesia Umar, Wahyudi; Hernoko, Agus Yudha; Anand, Ghansham; Anggriawan, Rizaldy
Batulis Civil Law Review Vol. 7 No. 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3716

Abstract

Introduction: Mining service contracts executed by State-Owned Enterprises (SOEs) in the form of persero play a strategic role in Indonesia’s natural resource governance. Although formally framed as commercial contracts, these agreements involve public assets, state authority, and environmental responsibilities, creating legal complexities that challenge traditional private contract doctrines.Purposes of the Research:  This article aims to examine the legal character of mining service contracts entered by Indonesian SOEs persero and to determine whether such contracts can be classified as purely private commercial agreements or should be understood as contracts with inherent public dimensions.Methods of the Research: This study employs normative legal research using statutory, and conceptual approaches. Legal materials are examined through document analysis of legislation, doctrinal writings, and relevant legal principles governing contracts, state owned enterprises persero, and mineral and coal mining activities.Results / Main Findings / Novelty/Originality of the Research: The study finds that mining service contracts by SOEs cannot be categorized as ordinary private contracts. Instead, they constitute public–commercial contracts characterized by limited contractual freedom, heightened public accountability, and embedded state obligations. This conceptualization offers a refined legal framework for understanding SOE contracts in strategic sectors.
Antimicrobial Resistance and Criminal Liability: Negligence Recklessness, and Comparative Legal Responses in the EU and United States Rizaldy Anggriawan
Tirtayasa Journal of International Law Vol 5, No 1 (2026): Tirtayasa Journal of International Law Vol. 5 No. 1 June 2026
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v5i1.38831

Abstract

The emergence of Antimicrobial Resistance (AMR) is now recognized as a catastrophic global public health threat to all of humanity; primarily as a result of the unregulated use of antibiotics below treatment levels in industrial livestock production. This research analyzes the ability of criminal law to prevent or mitigate AMR that develops from agricultural practices. The study utilizes a comparative analysis of the EU and U.S. regulatory and penal systems to assess whether farm owners or corporations could be subjected to prosecution based upon the criminal offences of negligence, recklessness, or corporate liability for public endangerment. The research reveals that the antibiotic misuse in livestock production has been addressed almost exclusively through administrative enforcement mechanisms with criminal prosecution remaining virtually non-existent in both the EU and U.S. legal systems. However, the overwhelming scientific agreement that there is a correlation between livestock antibiotics and the development of antibiotic-resistant infections in humans affords a basis for establishing the legal foreseeability of future harm. While proving factual causation will be complicated due to the diffuse nature of AMR, the existence of statutes that find individuals and corporations liable for risking catastrophe creates an opening for an expanded view of criminal responsibility for egregious misuse of antibiotics.
VIRTUAL SOCIO-RELIGIOUS EMPOWERMENT: ADDRESSING SOCIAL FIQH CHALLENGES AMONG MUSLIM YOUTH IN EUROPE AND THE MEDITERRANEAN Rizaldy Anggriawan; Agustiyara; Rofi Aulia Rahman; Muhammad Khoiru Ribath
SUBSERVE: Community Service and Empowerment Journal Vol. 4 No. 1 (2026): Januari 2026
Publisher : Prime Identity Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36728/scsej.v4i1.226

Abstract

Living as a Muslim minority in Europe presents complex socio-religious challenges for the Indonesian diaspora, particularly youth who must constantly navigate secular legal frameworks and diverse cultural norms. To address these daily practical dilemmas, the Special Branch of Muhammadiyah Youth Association in Europe and Mediterranean, in collaboration with PCIM Hungary, implemented a cross-border digital community engagement initiative. This program featured an interactive webinar focused on "Social Fiqh in Muslim-Minority Countries," led by an Islamic legal expert from the Muhammadiyah Tarjih and Tajdid Council. Utilizing an asset-based digital community development approach via Zoom, the webinar connected diaspora participants across various European countries. The results yielded critical theological and contextual frameworks, providing actionable guidance on issues ranging from local social integration to ritual flexibility in non-Muslim environments. This initiative significantly enhanced the religious literacy and psychological resilience of the diaspora youth. By framing Islam as an adaptive, progressive, and moderate way of life (wasathiyah), the program successfully empowered young Muslims to confidently balance their religious identity with active civic participation in their host countries, thereby strengthening the transnational support network of the Muhammadiyah diaspora.
The Adaptability of the Indonesian Judiciary in the Era of Law and Technology Disruption Windi Afdal; Ampuan Situmeang; Rizaldy Anggriawan; Winsherly Tan; Shelvi Rusdiana
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.28896

Abstract

Legal disruption has been reported to significantly change judicial practice. Therefore, this study aims to explore 2 problem topics, namely 1) how the era of legal and technological disruption affects the profession of judges in carrying out their duties as case deciders, and 2) how is the adaptability of judges in Indonesia in facing the era of legal disruption to ensure their role and function remain relevant. The study procedures were carried out using the normative-empirical legal method, where secondary data were obtained using literature studies. Subsequently, data were enriched with empirical data obtained through field studies. The results showed Artificial Intelligence (AI) and Big Data could be integrated into the judicial system as a transformative solution due to the limited number of judges in Indonesia. The integration was expected to improve the efficiency, consistency, and unity of law enforcement. The profession of judges was required to carry out a transformation that was not only technical but also philosophical. In addition, the Supreme Court Technical Education and Training Center was expected to create an ecosystem where technology could be used as an instrument to improve the quality of Indonesian judges decisions. This could be achieved through hybrid curriculum strategies, inclusive infrastructure, and adaptive regulations.
The Fishing Rights Conflict in the South China Sea between Vietnam and China Mohammad Hazyar Arumbinang; Yordan Gunawan; Rizaldy Anggriawan
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.875.pp205-217

Abstract

This research aims to understand and clarify the international legal perspec-tive relating to the current dispute and how they are resolved according to international law between Vietnam and China over fishing rights in the South China Sea. This paper has adopted a normative legal research with a statutory and historical approaches. The data will be analysed by using de-scriptive-analytical analysis. This paper reveals that there are two legal is-sues in the fishing rights conflict between Vietnam and China. First is the legality of the Nine-dashed Line by China to claim the disputed water. Sec-ond, the legality of unilateral fishing ban policy by China over the disputed water, which both has no legality under international law. Although China claims over SCS using Nine-dashed Line and unilateral fishing ban policy under international law has no legal basis, the dispute over SCS including fishing rights continued until today. The solutions offered to solve these problems include a resolution on SCS dispute must be made legally and di-plomacy to build confidence-building measures. Ideally, both states should honour the accepted negotiation steps to agree upon compensation for the effects of the disputes and be sincere and earnest in their attempts and com-mitment to resolving their dispute.
Deferred Prosecution Agreements in Indonesian Village Fund Corruption: Balancing Legal Certainty and Public Benefit Elly Sudarti; Usman Usman; Andi Agus Salim; Riana Devi Lestari; Rizaldy Anggriawan
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.33466

Abstract

This article employs a normative and comparative legal approach to analyze the legal challenges in addressing village fund corruption cases in Indonesia through the criminal justice system. In practice, prosecuting small-scale cases has prioritized legal certainty but has imposed disproportionate financial and temporal costs compared to the modest value of the offenses. Lengthy trials that end in criminal punishment undermine the cost–benefit principle in criminal justice process and conflict with the ideals of a swift, simple, and low-cost judicial process. Moreover, such proceedings often fail to restore state financial losses effectively. The novelty of this study lies in the proposed threshold-based Deferred Prosecution Agreement (DPA) model, specifically designed to address cases of village fund corruption with limited financial losses. This study argues that resolving village fund corruption outside the courtroom, with a primary focus on restitution of state losses and active involvement of relevant stakeholders, offers greater benefits. Such an approach would better serve the state and society as victims, while also addressing the rehabilitation of offenders. Yet out-of-court settlement mechanisms currently lack a clear statutory basis, creating legal uncertainty in their application. A legal breakthrough is therefore needed by providing explicit regulation for alternative mechanism to resolve village fund corruption. One viable model is the DPAs, which enable prosecutors to suspend criminal proceedings in exchange for restitution, fines, or corrective measures. This study proposes incorporating the DPA model into Indonesia’s anti-corruption framework for cases involving losses of less than 150 million rupiah. Such reform would not only close the legal gap but also enhance the efficiency and effectiveness of efforts to recover state losses from small-scale village fund corruption.
Judicial Transformation: Integration of AI Judges in Innovating Indonesia's Criminal Justice System Panca Sarjana Putra; Zico Junius Fernando; Bhanu Prakash Nunna; Rizaldy Anggriawan
Kosmik Hukum Vol. 23 No. 3 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i3.18711

Abstract

In the midst of the current digital era, artificial intelligence (AI) technology offers the potential to improve many aspects of life, including in the field of justice. In this context, the idea of integrating AI into the judicial system emerges as one potential solution. AI judges, as a concept, are considered capable of providing more objective decisions, speeding up court proceedings, and reducing the workload of human judges. The purpose of this study is to evaluate the potential and challenges in the integration of artificial intelligence (AI) into the Indonesian judicial system, with the ultimate goal of creating a judicial system that is more fair, efficient, and in accordance with Indonesia's socio-cultural context. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. The result of this research is that "AI Judges" has the potential to be a very useful tool in Indonesia's criminal justice system in the future. However, the integration of AI must be done carefully, taking into account all the benefits and risks, and ensuring that justice and humanity remain at the core of the system. In addition, inter-sectoral cooperation and a deep understanding of the local context are key to the success of this integration. In an overall perspective, while AI technology promises greater efficiency and objectivity in the justice system, the essence of humanity and cultural considerations remain irreplaceable aspects. Thus, it is hoped that in the future, collaboration between AI judges and human judges can create a justice system that is more fair, efficient, and in accordance with Indonesia's socio-cultural context.Keywords: Judicial Transformation, AI Intergration, AI Judges, Criminal Justice Reform
The Legality of US-Israeli Joint Decapitation Operations in Iran: Crime of Aggression or Self-Defense? Anggriawan, Rizaldy; Gunawan, Yordan
Uti Possidetis: Journal of International Law Vol 7 No 3 (2026): Oktober (In Progress)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/932pyx77

Abstract

Background: Following 2025's failed negotiations, the US-Israeli military operation Epic Fury on 28 February 2026 marked a sharp escalation against Iran's nuclear and military infrastructure and leadership through a major regional force build-up. Methodology: The study employs a legal doctrinal method, utilizing Article 8 bis of the Rome Statute, the Caroline Test, and International Humanitarian Law (IHL). Objectives: To determine whether the operation constitutes a crime against peace, and whether actions against Supreme Leader Ali Khamenei were valid under IHL. Findings: Khamenei's religious office offered no immunity: Article 110 of the Iranian Constitution vests operational command in him, meaning he exercised a continuous combat function and was a lawful target under jus in bello. However, regarding jus ad bellum, Operation Epic Fury constitutes an act of aggression and lacks justification as anticipatory self-defense, as a multi-week breakout time fails the imminence test while diplomacy remains open. A lawful target struck during an unlawful war remains a casualty of that unlawful war. Originality/Novelty:This study connects “nuclear latency” with the causal theory of imminence and extends shared state responsibility to a decapitation strike against a sovereign leadership fusing religious, political, and military authority.