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All Journal Bestuur JHCLS Journal of Sustainable Development and Regulatory Issues
I Wayan Gde Wiryawan
Faculty of Law, Universitas Mahasaraswati Denpasar, Denpasar
Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Illusion of Integrating Customary Law into Indonesia’s Contract Law System on the Communal Sanctions Policy Forum I Wayan Wahyu Wira Udytama; Mella Ismelina Farma Rahayu; I Wayan Gde Wiryawan
Journal of Human Rights, Culture and Legal System Vol. 6 No. 1 (2026): Journal of Human Rights, Culture and Legal System
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v6i1.896

Abstract

The Indonesian legal system is characterized by pluralism, where customary law exists alongside formal national law. Although customary law is normatively recognized, its integration into the national contract law system remains limited. This study aims, first, to analyze the normative integration of customary law and contract law in Indonesia; second, to compare the practice of customary law integration in Indonesia with Malaysia; and third, to formulate an ideal model for integrating customary law and contract law systems in the context of communal sanctions. The research employs normative legal methods with a threefold analytical approach are statutory, conceptual, and comparative. The findings indicate that, first, the integration of customary law into Indonesia’s contract law system is still primarily normative and not operational, as reflected in the application of the kasepekang sanction, which demonstrates a dualism between communal customary law and individualistic national contract law, resulting in legal uncertainty and potential injustice. Second, comparative analysis with Malaysia shows that although both countries recognize customary law, Indonesia lacks adequate operational mechanisms, whereas Malaysia implements constitutional, legislative, and judicial approaches that are more effective in contractual practice. Third, the ideal integration model in Indonesia requires transforming communal sanctions into mechanisms that are transparent, proportional, and restorative, aligned with human rights principles and contractual justice.
Unprotected and Unparticipation Mental Health in Regulation Worker I Wayan Gde Wiryawan; Gede Agung Wirawan Nusantara; I Wayan Eka Artajaya; Rizozoda Tura Rabbim
BESTUUR Vol 12, No 2 (2024): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v12i2.94378

Abstract

Unprotected mental health among employees can have a detrimental effect on productivity and the national economy. Nevertheless, Indonesia's present labor regulations do not include any specific provisions to safeguard workers' mental health. This research aims to identify and analyze issues regarding mental health workers that are often ignored, which cause decreased productivity and negative stigma for people experiencing mental health to medical personnel and facilities that are less qualified in protecting workers. This normative research examines legal texts, mainly primary and secondary legal materials. The results of the research show that, first, mental health problems in Indonesia are very complex, starting from the negative stigma that is still embedded in society regarding mental health diagnoses to regulations and law enforcement that do not support workers with mental health to recover from their illnesses. Second, based on Singapore, Singapore has a program and legal framework that supports public health and workers who experience mental health disorders monitoring that has been integrated with the system. Third, to overcome mental health problems for workers, there needs to be a clear regulatory framework that targets improving mental health, an integrated health monitoring system that is expanded to provide training for medical personnel, and health care quality.
Legal Protection of Artificial Intelligence Applications in Banking Maheswara Perbawa Sukawati; Amad Sudiro; I Wayan Gde Wiryawan
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.175

Abstract

The rapid development of Artificial Intelligence (AI) in Indonesia’s banking sector has transformed traditional financial services into digital-based systems that emphasize speed, efficiency, and accessibility. However, this transformation presents significant legal and ethical challenges related to data security, algorithmic accountability, and consumer protection. This study analyzes the legal framework governing AI implementation in Indonesian banking, focusing on the Financial Sector Development and Strengthening Law, the Personal Data Protection Law, the Electronic Information and Transactions Law, and the regulatory role of Bank Indonesia and the Financial Services Authority. The research employs a normative legal approach supported by limited empirical insights, combining statutory, case, comparative, and historical analyses. The findings reveal regulatory fragmentation and a legal vacuum concerning liability for AI-related losses, particularly in cases of algorithmic error and data breaches. In contrast, comparative studies of Japan and the European Union show the necessity of establishing AI governance based on transparency, accountability, and proportional liability. Therefore, Indonesia urgently requires a specific legal framework that integrates ethical, human-centered, and risk-based principles to ensure data security, protect consumer rights, and promote trustworthy AI implementation in the financial sector.
Co-Authors Amad Sudiro Gede Agung Wirawan Nusantara I Wayan Eka Artajaya I Wayan Wahyu Wira Udytama Maheswara Perbawa Sukawati Mella Ismelina Farma Rahayu Rizozoda Tura Rabbim