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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Qonun Jurnal Hukum Islam dan Perundang-Undangan Vifada Assumption Journal of Law
David Tan
Universitas Internasional Batam, Indonesia
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Restrictions on Individual Land Ownership for Residential Purposed in Indonesia: A Proposed Solution Febri Jaya; Lu Sudirman; Nurlaily Nurlaily; David Tan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 2 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i2.5221

Abstract

The government has a responsibility to provide decent housing for all Indonesian people. The absence of legal regulations regarding the limitation of ownership of land rights for residential houses for individuals causes a person to freely and without limits buy a residential house. The purpose of housing purchases has shifted from the needs to be an investment does not protect the rights of all citizens to obtain a decent place to live in order to achieve prosperity and justice. To answer the problems in this research, the researcher uses a normative type of research with a legal approach to fill the lacuna of existing legal regulations in Indonesia since the object of the research is not yet legally regulated. The focus of attention on normative law as a practical science is to change the situation and offer solutions to concrete and potential social problems. The problems faced by each individual (especially people of the middle to lower income) to get a decent house are of course the responsibility of the government. This situation is constitutionally mandated under the 1945 Constitution of the Republic of Indonesia. The answers to the problems, the researcher will approach the study by utilizing the approaches, in particular the Welfare State Theory of John Rawls, and the Law Development Theory of Mochtar Kusumaatmadja. As a conclusion, the solution proposed by the researcher is the application of the triple check system in the preparation of Government Regulations regarding the limitation of control over the land rights for residential houses for individuals in Indonesia.
Reassessing Online Dispute Resolution Frameworks in Indonesia, Malaysia, and the Philippines Tantimin Tantimin; Michael T. Sacramed; Febri Jaya; David Tan; Ninne Zahara Silviani
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 10 No. 1 (2026)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v10i1.12705

Abstract

This study examines the legal vacuum surrounding cross-platform online dispute resolution (ODR) within Southeast Asian online marketplace ecosystems, particularly where disputes arise from transactions involving integrated third-party services. The objective of this research is to assess the adequacy and consistency of legal frameworks in Indonesia, Malaysia, and the Philippines in accommodating cross-platform ODR. This study employs the doctrinal legal research method and the comparative approach for a deep dive statutory analysis and descriptive examination of primary legal sources across different legal systems. The findings demonstrate that while all three jurisdictions recognize electronic transactions and alternative dispute resolution in principle, none provides comprehensive regulation for cross-platform ODR. Indonesia explicitly acknowledges ODR in its e-commerce regulation but exhibits normative disharmony with its ADR framework. Malaysia’s arbitration and mediation regimes remain structurally unsuitable for low-value, high-volume marketplace disputes. The Philippines introduces a centralized ODR mechanism yet fails to address liability allocation in integrated multi-platform transactions. The legal vacuum identified necessitates an integrated ODR framework capable of ensuring procedural coherence, data coordination, and enforceability. Findings of this study contribute to the effort to understand the implications dispute resolutions in today’s digital economy by highlighting practical implications for scholars and policymakers alike.
Reassessing Consumer Protection in Digital Markets: Information Asymmetry as Epistemic Injustice in Indonesia and the Philippines Nurlaily Nurlaily; David Tan; Febri Jaya; Nur Fatihah
Vifada Assumption Journal of Law Vol. 3 No. 2 (2025): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/ggab5b91

Abstract

Purpose: This study examines whether information asymmetry in digital markets can be understood as a form of epistemic injustice and to assess how the consumer protection frameworks of Indonesia and the Philippines respond to this problem. Research Design and Methodology: This research employs the normative legal research method and comparative approach, with epistemic injustice as the main philosophical, analytical lens. To supplement the analysis, the study utilizes key primary law sources, namely Law No. 8 of 1999 and Government Regulation No. 80 of 2019 from Indonesia; and Republic Act No. 7394 and the Internet Transaction Act of 2023 from the Philippines. Findings and Discussion: Information asymmetry is comprehensively identified as a form of testimonial and hermeneutical injustice that undermines consumers’ capacity as knowers. Normative analysis conclusively shows that both countries are reliant on general legal norms, incapable of philosophically and normatively capturing information asymmetry in today’s markets. In addition, deficiencies are also found in recent regulations, where algorithmic opacity and complaint-handling mechanism remain unaddressed. Implications: The study implies the need for comprehensive reform and proposes that legal development should move beyond broad fairness principles to operationalize specific digital safeguards, and clearer disclosures, along with verifiability and platform accountability standards.
Co-Authors Febri Jaya Febri Jaya Lu Sudirman Michael T. Sacramed Ninne Zahara Silviani Nur Fatihah Nurlaily Nurlaily Tantimin Tantimin