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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Research Horizon Lex Aeterna Law Journal
Thio, Ricky
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Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Standing Reform in Constitutional Adjudication: Reconciling Foreign Nationals' Rights with Constitutional Protection in Indonesia Didit Wijayanto Wijaya; Thio, Ricky
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5788

Abstract

The restriction of legal standing for judicial review applicants at the Constitutional Court, which is limited to Indonesian citizens as regulated in Article 51(1) of the Constitutional Court Law, has created discrimination and injustice for foreign citizens whose constitutional rights are violated by the enactment of laws in Indonesia. This contradicts the principle of equality before the law guaranteed by Article 28D(1) of the 1945 Constitution. This research aims to analyze the normative conflict between the legal standing restriction in Article 51(1) of the Constitutional Court Law and the principle of equality before the law, as well as to formulate a reconstructed concept of legal standing regulations that ensures greater justice for foreign citizens in constitutional review processes at the Indonesian Constitutional Court. The study was conducted through comprehensive research and analysis of legal principles, constitutional norms, and constitutional law doctrines related to the concept of legal standing and the principle of equality before the law. The research findings indicate that the restriction of legal standing for foreign citizens in judicial review creates a legal vacuum in the protection mechanism of foreign citizens' constitutional rights. This study presents a novel finding in the form of a reconstructed concept of Article 51(1) of the Constitutional Court Law, which expands legal standing to foreign citizens under the condition that they can demonstrate a nexus between their constitutional injury and the implementation of the law under review.
Lex Injusta Non-Est Lex: Article 74 Trademark Law versus Constitutional Economic Democracy in Indonesia’s SME Protection Thio, Ricky; Azizah, Siti Nur; Wagiman; Yustanti, Dyah Ersita
Research Horizon Vol. 5 No. 5 (2025): Research Horizon - October 2025
Publisher : LifeSciFi

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Abstract

This research examines the structural contradiction between Article 74’s three-year trademark non-use cancellation provision in Law Number 20/2016 and the People-Based Economy principle of Article 33, 1945 Constitution. This capitalistic norm facilitated predatory litigation against vulnerable MSMEs, constituting philosophical lex injusta. Using normative juridical methodology with case and comparative law approaches, this study justifies arguments from the successful Constitutional Court petition. Constitutional Court Decision Number 144/PUU-XXI/2023 provides the judicial solution by extending non-use period to five years, resolving unconstitutionality. The study distinguishes Article 74’s objective non-use standard from Article 76’s subjective bad-faith element, establishing the former now prescribes constitutionally equitable timeframe. The five-year period aligns with SME business cycles for research, development, and market penetration, providing protection from premature cancellation threats. This judicial reform represents substantive constitutional justice, granting MSMEs legal certainty for intellectual asset development. The victory harmonizes Indonesia’s trademark law with People-Based Economy commitments. Primary recommendations include developing accessible evidentiary guidelines for trademark use documentation, particularly digital-based systems, and creating affordable platforms for SMEs to systematically document commercial activities, ensuring effective intellectual property defense within this equitable legal landscape.
Menggabungkan Tradisi dan Modernitas: Perbandingan Sistem Hukum dan Implikasi Pancasila Lauw, Wifina; Thio, Ricky
Lex Aeterna Law Journal Vol 1 No 1 (2023): Lex Aeterna Law Journal
Publisher : Lex Aeterna Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69780/lexaeternalawjournal.v1i1.9

Abstract

This research aims to analyze the relationship between various legal systems in the world and the values of Pancasila as Indonesia's fundamental principles. This research starts from the premise that a deep understanding of the differences and similarities between Civil Law and Common Law legal systems can provide new insights in applying Pancasila in a global context. The modern world requires states to accommodate various legal traditions while adapting to international practices. In Indonesia, the implementation of Pancasila values is often faced with the challenge of integration into a diverse global legal system. This phenomenon raises questions about how Pancasila can function in the context of a broad comparison of legal systems. This research aims to explore how the Civil Law and Common Law legal systems interact with the principles of Pancasila, and how this comparison can contribute to the development of inclusive and dynamic law in Indonesia. Comparative methods are used to analyze legal systems from various countries, with an emphasis on literature studies and normative analysis. Historical and philosophical approaches are also applied to understand the context and evolution of each legal system as well as the integration of Pancasila values. This study reveals that although there are substantial differences between the Civil Law and Common Law legal systems, there is room to integrate Pancasila values into each system. Pancasila not only acts as an ethical principle, but also as a framework for the formation of laws that are responsive and adaptive to global change, respecting domestic and international legal traditions.
Philosophical Re-examination of Labor Theory Beyond Economic Dimensions in Trademark Jurisprudence Azizah, Siti Nur; Thio, Ricky
Research Horizon Vol. 5 No. 5 (2025): Research Horizon - October 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.5.2025.837

Abstract

This research reconstructs the understanding of John Locke’s doctrine, which has conventionally been regarded as focusing solely on economic dimensions within property theory. Conventional scholarship positions Locke as a philosopher who neglects moral rights, in contrast to Hegel, who acknowledges both moral and economic dimensions. This research challenges this dichotomy by revealing that Locke actually paid significant attention to moral aspects within his labor theory, particularly in the context of trademark protection. The research methodology employs a normative juridical approach with in-depth philosophical analysis of Locke’s primary works, particularly Two Treatises of Government, and compares these with implementation in contemporary Indonesian trademark jurisprudence. The discussion finds that Locke’s labor theory contains strong moral foundations through concepts of natural law and human dignity. The research conclusion demonstrates that Locke’s doctrine genuinely integrates moral and economic rights coherently, providing more comprehensive philosophical justification for trademark protection. It is recommended that intellectual property law academics and practitioners abandon reductive interpretations of Locke and adopt a holistic understanding that recognizes moral dimensions within Indonesia’s trademark protection system.
Obligation to Pay Online Loans: Dissecting the Principles of Debt Legality in the Digital World Pransisto, Johamran; Sitinjak, Humala; Sitinjak, Imman Yusuf; Junaidi, Junaidi; Thio, Ricky; Rohani, Aceng Asnawi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4372

Abstract

Examining the duty to repay online loans within the framework of debt legality in the digital age, and how successful monitoring and enforcement of laws have been in enforcing online loan rules in Indonesia are the overarching goals of this study. Findings are based on logical viewpoints, critical analysis, and philosophy; the study takes a normative legal stance with analytical descriptive methodologies; it examines pertinent laws and regulations as well as applicable law enforcement activities. In particular, when it comes to dealing with unregistered fintech, the findings reveal a disconnect between current legislation and the efficacy of its oversight. Issues with implementation and enforcement of legislation continue to affect consumer protection and transaction fairness, despite efforts to promote transparency and consumer protection via regulations like Financial Services Authority Regulation Number 77/POJK.01/2016. For better management, this study suggests tightening the regulatory framework and boosting inter-institutional cooperation.
Government Discretionary Authority: Legal Framework and Control Mechanisms in Indonesian Administrative Law Thio, Ricky; Wagiman, Wagiman; Sibuea, Hotma Pardomuan; Khalimi, Khalimi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5345

Abstract

This study examines the legal framework and control mechanisms governing government discretionary authority within Indonesian Administrative Law. The research addresses the fundamental challenge of balancing administrative flexibility with legal accountability in the exercise of discretionary power.The research aims to analyze the legal parameters of governmental discretion, examine accountability mechanisms, and evaluate control systems in preventing abuse of authority. This study employs a normative juridical method, utilizing statutory, case law, and conceptual approaches through analysis of legislation, court decisions, and administrative law doctrines.The findings demonstrate that governmental discretion must operate within clear legal boundaries established by administrative law principles and systematic accountability mechanisms aligned with good governance principles. The research reveals significant regulatory gaps in the current framework, particularly in establishing preventive measures against authority abuse. The study identifies the need for strengthened institutional oversight mechanisms while maintaining administrative efficiency.This research contributes to administrative law scholarship by providing analysis of discretionary power boundaries and proposing enhanced control mechanisms that combine legal instruments with monitoring systems in Indonesia's administrative law framework.
Co-Authors Didit Wijayanto Wijaya Dyah Ersita Yustanti Imman Yusuf Sitinjak Junaidi Junaidi Khalimi Khalimi, Khalimi Lauw, Wifina Pransisto, Johamran rohani, aceng asnawi Sibuea, Hotma Pardomuan Siti Nur Azizah, Siti Nur Sitinjak, Humala WAGIMAN Wagiman, Wagiman