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Legal Aspects of Digital Business Licensing: A Mixed-Methods Analysis of the OSS-RBA in Indonesia's Batam Free Trade Zone Fadlan; E Arinda Chikita
Arkus Vol. 11 No. 2 (2025): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v11i2.776

Abstract

The global trend of digital transformation in public administration has prompted significant legal and institutional reforms aimed at enhancing economic competitiveness. In Indonesia, this is exemplified by the 2021 launch of the Online Single Submission Risk-Based Approach (OSS-RBA), a centralized digital platform for business licensing. This study investigates the implementation of this system within the complex legal environment of the Batam Free Trade Zone (FTZ), a strategic economic hub characterized by regulatory dualism. The aim of this research is to critically evaluate the legal and commercial implications of the OSS-RBA's implementation in a Special Economic Zone. Its novelty lies in employing a rigorous mixed-methods approach to move beyond a simple efficiency analysis, providing a nuanced examination of the tensions between digital administrative reform and the foundational commercial law principles of legal certainty, procedural justice, and regulatory harmonization. This study utilized a convergent parallel mixed-methods design. The doctrinal legal analysis involved a systematic content analysis of Indonesia’s 1945 Constitution, Law No. 11 of 2020 (Omnibus Law), and Batam-specific regulations. The empirical component included a quantitative analysis of 245 licensing applications (2022-2023), three distinct surveys of business representatives and applicants (n=156, n=189, n=198), and qualitative data from structured interviews with 56 regulatory officials and legal practitioners, alongside focus groups with 45 business actors. A novel Business Legal Certainty Index (BLCI) was constructed and validated to measure regulatory predictability. The findings demonstrate that the OSS-RBA has yielded significant administrative efficiencies, reducing licensing processing times by up to 83.9% and increasing approval rates to 92.7%. This correlates with a 67.3% increase in Foreign Direct Investment in Batam post-implementation. However, the system is fraught with challenges. The study identified 23 specific legal inconsistencies between national and FTZ regulations, leading to jurisdictional ambiguity. Furthermore, the opacity of algorithmic decision-making raises significant administrative justice concerns, with only 45% of automated decisions providing a clear rationale, thereby limiting access to effective legal remedies. In conclusion, the OSS-RBA represents a critical step toward modernizing Indonesia's investment climate, but its success is contingent on substantial legal and institutional reform. To realize the full potential of digital governance, policymakers must prioritize comprehensive regulatory harmonization, amend administrative procedure laws to safeguard due process in an automated era, and strengthen institutional capacity.
The Paradox of No-Fault Social Insurance: A Normative-Empirical Analysis of Procedural Barriers in Indonesia's Traffic Accident Compensation Scheme Fadlan; E Arinda Chikita
Open Access Indonesia Journal of Social Sciences Vol. 8 No. 6 (2025): Open Access Indonesia Journal of Social Sciences
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/oaijss.v8i6.311

Abstract

Article 28D(1) of Indonesia's 1945 Constitution guarantees legal protection and certainty. Despite Law Number 34 of 1964 establishing a progressive no-fault compensation scheme administered by Jasa Raharja, traffic accident victims frequently face insurmountable administrative barriers. This study employs a mixed normative-empirical methodology in the Barelang Police Resort jurisdiction, Riau Islands. Normative analysis utilized grammatical, historical, systematic, and teleological interpretations of statutory frameworks. The empirical phase integrated stakeholder interviews with a quantitative retrospective cohort study analyzing claim adjudication outcomes, processing durations, and documentation barriers. The statutory framework contains critical gaps. Procedural ambiguities create disproportionate documentation burdens, leading to an empirical 25.5% claim abandonment rate driven heavily by fear of vehicle seizure and civil registration irregularities. Furthermore, the categorical exclusion of single-vehicle accidents fails to account for infrastructure-related causation, violating equal treatment guarantees. Regulatory fragmentation regarding temporal standards results in systematic processing delays, compounded by severe public awareness deficits. In conclusion, the implementation of Law Number 34 of 1964 structurally transforms a theoretical no-fault scheme into a restrictive mechanism privileging legally sophisticated claimants. We propose specific statutory amendments, including integrated inter-institutional coordination mandates and enforceable processing timelines, to align the compensation framework with constitutional mandates.
Catalyzing Knowledge Diffusion: A Meta-Synthesis of Intellectual Property Frameworks and FDI-Driven Technology Transfer in ASEAN Free Trade Zones Fadlan; E Arinda Chikita
Arkus Vol. 12 No. 1 (2026): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v12i1.868

Abstract

The rapid economic integration of the Association of Southeast Asian Nations (ASEAN) was historically driven by Foreign Direct Investment (FDI). However, the role of Intellectual Property (IP) frameworks in transforming foreign capital into genuine technological transfer remained heavily debated. This study quantitatively and qualitatively evaluated the impact of IP frameworks and institutional quality on FDI-driven knowledge diffusion within ASEAN Free Trade Zones (FTZs). A quantitative meta-analysis and systematic synthesis were conducted utilizing empirical data extracted from nine essential econometric studies. Reported coefficients from diverse regression models were statistically converted into Standardized Mean Differences (SMD) to allow for pooled analysis. A DerSimonian-Laird random-effects model was employed, and heterogeneity was assessed utilizing the I-squared statistic. The study selection process yielded nine foundational manuscripts. Risk of bias assessment indicated high methodological quality. The pooled meta-analysis demonstrated a statistically significant positive effect of strengthened institutional and IP frameworks on technology transfer proxies (Pooled SMD = 0.46; 95% Confidence Interval: 0.32, 0.60; p < 0.001). Significant heterogeneity was observed (I-squared = 68.4%, p < 0.01). Tabulated findings revealed that FTZs significantly boosted regional innovation indices, though actual absorption depended strictly on local absorptive capacity. In conclusion, robust IP laws and high institutional quality within FTZs strongly suggest a catalytic effect on formal knowledge diffusion. To maximize labor productivity, ASEAN member states must pair strict IP protection with active learning initiatives and dedicated technology transfer incentives.
The Paradox of No-Fault Social Insurance: A Normative-Empirical Analysis of Procedural Barriers in Indonesia's Traffic Accident Compensation Scheme Fadlan; E Arinda Chikita
Open Access Indonesia Journal of Social Sciences Vol. 8 No. 6 (2025): Open Access Indonesia Journal of Social Sciences
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/oaijss.v8i6.311

Abstract

Article 28D(1) of Indonesia's 1945 Constitution guarantees legal protection and certainty. Despite Law Number 34 of 1964 establishing a progressive no-fault compensation scheme administered by Jasa Raharja, traffic accident victims frequently face insurmountable administrative barriers. This study employs a mixed normative-empirical methodology in the Barelang Police Resort jurisdiction, Riau Islands. Normative analysis utilized grammatical, historical, systematic, and teleological interpretations of statutory frameworks. The empirical phase integrated stakeholder interviews with a quantitative retrospective cohort study analyzing claim adjudication outcomes, processing durations, and documentation barriers. The statutory framework contains critical gaps. Procedural ambiguities create disproportionate documentation burdens, leading to an empirical 25.5% claim abandonment rate driven heavily by fear of vehicle seizure and civil registration irregularities. Furthermore, the categorical exclusion of single-vehicle accidents fails to account for infrastructure-related causation, violating equal treatment guarantees. Regulatory fragmentation regarding temporal standards results in systematic processing delays, compounded by severe public awareness deficits. In conclusion, the implementation of Law Number 34 of 1964 structurally transforms a theoretical no-fault scheme into a restrictive mechanism privileging legally sophisticated claimants. We propose specific statutory amendments, including integrated inter-institutional coordination mandates and enforceable processing timelines, to align the compensation framework with constitutional mandates.