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All Journal Journal of Transcendental Law The Indonesian Journal of International Clinical Legal Education
Almira Balqis
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perspective of Development Law on the Impact of Investment in the Mandalika Circuit Project in Indonesia Almira Balqis
Journal of Transcendental Law Vol. 5 No. 2 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i2.1921

Abstract

The Mandalika circuit project is a development project for international standard sports facilities and of course is also supported by the various advantages that Lombok, West Nusa Tenggara has. In fact, for the first time after the Mandalika project was built, it will be used in world level competitions, namely Superbike (WSBK), Grand Prix (MotoGP). The development of the project has of course attracted attention both nationally and internationally, so it is not surprising that it will attract investors to invest their capital in Indonesia, especially for the Mandalika Circuit Development Project, Lombok. So that these investment activities will have impacts for and on Indonesia and the surrounding population. So, through this article, the author seeks to find out what impacts are caused and then elaborates on the views of Prof. Dr. Mochtar Kusumaatmadja's concept of development law. This writing uses a normative juridical approach which refers to statutory regulations, legal norms, and literature study. The concept of development law advocated by Prof. Mochtar is to make law (various investment regulations in the Mandalika project) a means/tool for societal renewal (change). Through the application of rules or regulations (law as a tool of social engineering) for continuity of activity direction the desired community in development. The role of law in the development of the Mandalika project is expected to ensure that these changes take place in an orderly manner with the aim of achieving order which is one of the classic functions of law.
Comparative Study of Burden of Proof in Civil Procedure and Consumer Protection Law Almira Balqis; Sulistianingsih , Dewi; Pujiono , Pujiono
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 1 (2025): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v7i1.21040

Abstract

This article compares the burden of proof system in resolving consumer disputes under Indonesian Civil Procedure Law and the Consumer Protection Law. It addresses two primary issues: the divergence in evidentiary burdens and the dispute resolution mechanisms adopted by each legal regime. Employing a normative-juridical research method, this study analyzes both primary and secondary legal materials using legislative and comparative legal approaches. The findings reveal that Civil Procedure Law adopts the principle of actori incumbit probatio, where the burden of proof lies with the plaintiff—often disadvantaging consumers due to their limited access to evidence and legal resources. In contrast, the Consumer Protection Law (Law No. 8 of 1999) introduces a reverse burden of proof, requiring business actors to prove they are not at fault, thereby offering more equitable legal protection. The article includes case studies such as Supreme Court Decisions No. 681/Pdt.G/2019/PN.Jkt.Sel. and No. 175 K/Pdt.Sus-BPSK/2021 to illustrate the practical consequences of each burden of proof model. The analysis underscores the structural disadvantage consumers face under traditional civil litigation and how the reverse burden compensates for this imbalance. This research contributes to legal scholarship by clarifying legal terms (burden of proof, presumption, and standard of proof) and by emphasizing the need for procedural harmonization. Additionally, it contributes to the development of consumer law in Indonesia by offering doctrinal clarification and practical recommendations to strengthen access to justice. Ultimately, the study recommends aligning evidentiary standards with substantive justice to enhance consumer protection and ensure fairness in dispute resolution systems.
Co-Authors Pujiono , Pujiono Sulistianingsih , Dewi