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Chotib, Muhammad
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A Comparative Study of Legal Systems in the Regulation of Business Activities in Indonesia and Common Law Countries Gunawan, Gunawan; Habeahan, Rasman; Nawas, Abu; Chotib, Muhammad; Rizki Aji Putra, Gilang
BULETIN ADALAH Vol. 9 No. 5 (2025)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v9i5.50254

Abstract

Economic globalization has intensified cross-border business relations, requiring a comprehensive understanding of the differences among legal systems governing business activities. Differences in legal systems, particularly between the civil law and common law systems, have a significant impact on contract formation, dispute resolution, and the protection of business actors’ interests. Indonesia, as a country that adopts the civil law system, has distinct characteristics in business regulation compared to common law countries such as the United Kingdom and the United States. This article aims to analyze the comparative legal aspects of business law between Indonesia and common law countries, with a focus on sources of law, contract law, and dispute resolution mechanisms. The research method employed is normative legal research using a comparative law approach. The findings indicate that differences in legal systems have direct implications for legal certainty, contractual flexibility, and business strategies adopted by business actors.
Regional Government Authority in Granting Building Approval Permits Under Indonesia’s Job Creation Law: Centralization, Digitalization, and Local Administrative Power Chaer Muzakir, Arief; Chotib, Muhammad; Nawas, Abu
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.51273

Abstract

This study examines the authority of regional governments in granting Building Approval Permits (Persetujuan Bangunan Gedung / PBG) under Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law. The study is motivated by the regulatory transformation from the former Building Construction Permit (Izin Mendirikan Bangunan / IMB) regime to the PBG system, which has significantly altered the distribution of authority between the central and regional governments within Indonesia’s decentralized governance framework. This research employs a normative legal research method using statutory and conceptual approaches. The analysis is based on primary, secondary, and tertiary legal materials examined qualitatively to evaluate the legal position and administrative authority of regional governments in implementing the PBG system under the current regulatory framework. The findings demonstrate that regional governments continue to hold a strategic role in the administration of building approvals, particularly in relation to technical assessments, supervision, and the implementation of norms, standards, procedures, and criteria established by the central government. Nevertheless, the Job Creation regulatory framework indicates a growing centralization of authority through the integration of digital licensing mechanisms, particularly the Online Single Submission (OSS) system, which has reduced the discretionary authority of regional governments in the licensing process. Furthermore, several implementation challenges remain evident, including limited human resources, inadequate technological infrastructure, and the lack of regulatory harmonization between central and regional authorities. This study concludes that the authority of regional governments in granting Building Approval Permits under Law Number 6 of 2023 remains legally recognized; however, such authority is primarily administrative and technical in nature within a more centralized regulatory structure. Therefore, strengthening institutional capacity, harmonizing regulations, and improving the integration of licensing systems are essential to achieving effective, efficient, and accountable public services in Indonesia’s building governance sector. Keywords: Regional government authority; Building Approval Permit (PBG); Job Creation Law; public administration; licensing system; decentralization; Online Single Submission (OSS); Indonesia.  
The Scope of the Banten Provincial Government’s Authority in Population Control Under Indonesia’s Regional Governance Framework Heriyanto, Bambang; Nawas, Abu; Chotib, Muhammad
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.51274

Abstract

This study examines the scope of the Banten Provincial Government’s authority in implementing population control policies within Indonesia’s decentralized governance system. The research is grounded in the principle of decentralization as regulated under Law Number 23 of 2014 concerning Regional Government, which establishes the distribution of governmental affairs between the central and regional governments. The study specifically addresses two main issues: first, the authority of the Banten Provincial Government in implementing population control programs; and second, the institutional balance between the National Population and Family Planning Agency (Badan Kependudukan dan Keluarga Berencana Nasional / BKKBN) and the Office of Women Empowerment, Child Protection, Population Control, and Family Planning of Banten Province (DP3AKKB) in implementing population control policies under Law Number 52 of 2009 concerning Population Development and Family Development. This research employs an empirical juridical method to examine the governmental affairs assigned to the Banten Provincial Government in the population control sector and to analyze the coordination between BKKBN and DP3AKKB as the primary institutions responsible for policy implementation. The study uses statutory analysis supported by empirical findings derived from institutional practices and policy implementation. The findings indicate that the authority of the Banten Provincial Government in population control affairs is regulated under Articles 11 and 12 of Law Number 23 of 2014 concerning Regional Government, which also carries financial implications under Law Number 33 of 2004 concerning Fiscal Balance between the Central Government and Regional Governments. Furthermore, the implementation of population control programs by BKKBN and DP3AKKB has not yet achieved optimal balance and effectiveness. This condition arises from the transfer of authority over family planning and population control programs from the central government to regional governments, resulting in policy disparities and variations in implementation among different regions. This study concludes that although decentralization aims to strengthen regional autonomy in population control governance, the shift in authority has created challenges related to institutional coordination, policy harmonization, and program effectiveness. Therefore, stronger intergovernmental coordination and regulatory synchronization are necessary to ensure effective and equitable implementation of population control policies across regions in Indonesia.  Keywords: Population Control; Regional Government Authority; Decentralization; Family Development; Regional Autonomy; BKKBN; Public Governance; Indonesia.