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Journal of Law and Policy Transformation
Published by Universitas Internasional Batam
ISSN : -     EISSN : 25413139     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and transformation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol 10 No 2 (2025)" : 11 Documents clear
Labor Law Regulations on Agile Work System from The Perspective Of Dignified Justice Theory Irawan, Joshua; Chietra, Jenifer Wibisono; Morong, Leonardo Nathanael; Boong, Vicariya Retnowati; Nugroho, Sugeng Santoso Pudyo
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.10686

Abstract

The Agile Work System allows employees to work flexibly in terms of time and location. This research focuses on flexible working hours as a key aspect of that system. Currently, Article 77 Paragraph (2) of Law 6/2023 and Article 23 of Government Regulation 35/2021 permit flexible hours only in certain sectors. However, many other sectors have already adopted flexible work practices, making these regulations outdated. Therefore, the laws should be revised to include all sectors and ensure fairness and protection for workers. This study uses a normative juridical approach, drawing on legislative analysis and the Theory of Dignified Justice. It aims to propose changes to existing regulations so they better accommodate flexible working arrangements. The authors recommend amending the current law to allow flexible working across all sectors, with clear requirements to protect workers’ rights.They also propose that flexible working arrangements must still comply with labor laws, including rules on overtime and wages. Additionally, the research suggests that both central and regional governments should supervise, review, and evaluate the implementation of agile work systems, focusing on continuous improvement and the protection of workers’ rights. In conclusion, the research supports a legal framework for agile work that is fair, inclusive, and respectful of workers’ dignity.
Implementation Of Integrative Legal Theory And Project Management Approach In Dispute Resolution Through Arbitration In International Commercial Contracts Rahmadini, Verny; Nurlaily, Nurlaily; Syarief, Elza
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11084

Abstract

This study examines the integration of arbitration mechanisms and project management in resolving international trade disputes. Arbitration is chosen as the preferred dispute resolution method due to its confidential, flexible, final, and binding nature, as well as the international enforceability of its awards. In contrast, resolving international commercial contract disputes through Indonesian courts has proven to be time-consuming, involving multiple layers of appeal, and resulting in judgments that are difficult to enforce across jurisdictions. This normative juridical research employs primary and secondary legal materials to analyze legal issues and managerial approaches within arbitration. Romli Atmasasmita’s Integrative Legal Theory is used to bridge the values of legal certainty, utility, and justice, while project management concepts are applied to structure arbitration proceedings as a project consisting of planning, execution, and closing phases. The findings indicate that arbitration procedures align with the project life cycle, enabling dispute resolution to be carried out more effectively and systematically. The integration of these two approaches is evident in international commercial contracts, where arbitration clauses are commonly included as the designated dispute resolution mechanism.
A Legal Review of The Granting of Abolition and Amnesty in The Cases of Tom Lembong and Hasto Kristiyanto Under Indonesian Criminal Law Havez, Muhammad; Rusjana, Muhammad; Maulidya, Erine Nur
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11264

Abstract

This study aims to analyze the legal basis and mechanism for granting abolition to Tom Lembong and amnesty to Hasto from the perspective of Indonesian criminal law. Furthermore, this study also discusses the legal implications of these abolitions and amnesties for law enforcement and legal certainty in Indonesia. The research method used is a normative legal approach, examining laws and regulations, doctrine, and relevant literature. The analysis shows that granting abolition and amnesty is a presidential prerogative, as stipulated in the constitution and laws. However, its implementation must adhere to the principles of justice, legal certainty, and expediency. The granting of abolition to Tom Lembong and amnesty to Hasto has sparked legal debate, particularly regarding the limits of executive authority over the criminal justice process. These legal implications include the potential to reduce the deterrent effect, create a political precedent in law enforcement, and demand stricter regulations to ensure that abolition and amnesty policies do not conflict with the principles of the rule of law.
Integrating Cross-sectoral Oversight and National Security in Combating Illegal Mineral Transport: A Policy Reformulation Approach Djumarding, Arifuddin; Puluhulawa, Fenty U; Imran, Suwitno Yutye
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11346

Abstract

This article discusses the integration of cross-sectoral oversight and the strengthening of national security in addressing illegal mineral transport via air routes. The study is motivated by the absence of explicit regulation governing the distribution of illegal minerals, creating legal loopholes despite prohibitions in the Mineral and Coal Law. This activity has led to significant economic losses, severe environmental degradation, and potential threats to national security. This research adopts a progressive normative-empirical approach with a policy-legal mapping method, combining regulatory analysis, authority mapping, and the incorporation of local values. The findings reveal weaknesses in oversight and coordination between agencies, as well as regulatory gaps and weak law enforcement. Impact analysis highlights economic losses, environmental damage, and risks to national security. This study emphasizes the need for integrated cross-sectoral oversight, enhanced coordination, and evidence-based policy reformulation to safeguard the distribution of strategic minerals. The findings are expected to form a foundation for effective policy implementation, supporting national economic, social, and security stability.
Legal Consequences Of An Abandoned Land: Agrarian Justice Against Rights Of Property Saputra, Rahma Dwi Maulana; Rahmatiar, Yuniar; Abbas, Muhammad
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11394

Abstract

Land ownership and utilization in Indonesia has important dimensions both economically, socially, and politically, and is expressly regulated in the Basic Agrarian Law of 1960 and Article 33 paragraph (3) of the 1945 Constitution which emphasizes the social function of land. However, in practice, there is still a lot of land that is abandoned, causing social inequality, injustice, and obstacles to development. This research aims to analyze the implementation of Government Regulation Number 20 of 2021 concerning the Management of Abandoned Areas and Land as well as the legal consequences for rights holders who do not use their land. The research method is a normative juridical approach with descriptive analysis, based on a literature study of laws and regulations and related literature. The results of the study show that the implementation of PP 20/2021 in regulating unused land, that land that is deliberately left vacant or not used according to its intended purpose can be designated as abandoned land and has legal implications as explained in articles 3, 6, 7, and 30, both for individual rights holders and legal entities, except in certain conditions that are indeed excluded by regulations. The legal consequence of land abandonment is the abolition of land rights for the sake of law and the transition of its status into state land that can be used for public purposes, agrarian reform, and national development programs as explained in articles 30, 31, and 32. Therefore, this regulation not only emphasizes the aspect of legal certainty, but also acts as a strategic means to realize agrarian justice, equity, and maximum land use for the welfare of the community.
PKWT or Modern Slavery?: Exploring The Legal Consequences of Abuse of Contract Worker Status Ahmad Fauzan; Kasim , Nur Mohamad; Dungga , Weny Almoravid
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11467

Abstract

This study discusses the misuse of the status of Fixed-Term Employment Agreements (PKWT) in the Indonesian employment system and its legal implications for worker protection within the framework of the Pancasila rule of law. The enactment of Law Number 11 of 2020 concerning Job Creation and its implementing regulations amended the limitative provisions of Article 59 of Law Number 13 of 2003 concerning Manpower, which originally provided legal certainty through time limits and an automatic conversion mechanism from PKWT to PKWTT. These changes create legal uncertainty, weaken protection for contract workers, and create potential violations of citizens' constitutional rights to decent work and livelihoods as guaranteed by Article 27 paragraph (2) of the 1945 Constitution. This study uses normative legal methods with a statutory and conceptual approach to examine the effectiveness of legal norms and their implementation practices in the field. The analysis shows that the misuse of PKWT has made employment relationships an instrument of exploitation, not protection, thus contradicting just and civilized humanitarian values. From the perspective of a Pancasila-based state based on the rule of law, the law should serve as a protector of vulnerable groups and ensure a balance between legal certainty, justice, and expediency. Therefore, a reconstruction of employment policy is needed that reaffirms the law's function as an instrument of social justice by strengthening oversight mechanisms, sanctions, and ensuring the status of contract workers in Indonesia.
The Role of Sole Proprietorships and Notaries in Developing Female MSME Entrepreneurs in Sumatera Handayani, Rohana Amelia Putri; Rouli Anita Velentina
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11492

Abstract

Women-led micro, small, and medium enterprises (MSMEs) in Sumatra continue to face structural barriers, particularly limited access to formal legal status, capital, and regulatory certainty. This study aims to analyze the role of the Sole Limited Liability Company (Sole LLC) framework and Notaries in supporting the development of female MSME entrepreneurs in Sumatra, as well as to identify the key factors inhibiting their business growth. The research employs a normative juridical approach supported by literature review and secondary data analysis on regulatory frameworks and MSME conditions in Indonesia. The findings indicate that the Sole LLC mechanism simplifies business legalization for individual entrepreneurs, reduces administrative burdens, and enhances access to financial institutions. Notaries play a strategic role in ensuring legal certainty, facilitating business establishment, and providing legal guidance that strengthens institutional legitimacy. However, legal facilitation alone is insufficient without parallel improvements in financial literacy, digital capacity, and policy outreach. This study contributes to the discourse on women’s economic empowerment by demonstrating that legal institutional reform—particularly through simplified corporate structures and professional legal support—can function as a structural enabler of inclusive economic development, while highlighting the need for integrated policy support beyond formal legalization.
Corporate Criminal Liability in Jordan, Australia, and Indonesia: A Comparative Analysis of Doctrines and Recent Developments Emiliya Febriyani; Jamin Ginting; Basuki Rekso Wibowo
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11527

Abstract

This study analyzes the development of corporate criminal liability in Jordan, Australia, and Indonesia through a comparative doctrinal approach, focusing on the shift from the traditional identification doctrine toward models that attribute criminal fault to corporate culture. The research applies a normative legal method combined with comparative legal analysis, examining the Jordanian Penal Code, the Australian Criminal Code Act 1995 (Cth) and the Australian Law Reform Commission Report No. 136 (2020), Law No. 1 of 2023 on the New Indonesian Criminal Code (KUHP), and Supreme Court Regulation No. 1 of 2023, alongside scholarly literature on identification doctrine, vicarious liability, strict liability, and corporate culture theory. The findings show that Jordan retains a classical identification-based model, holding corporations liable only when fault can be linked to individuals acting as the “directing mind and will.” Australia has adopted the most advanced framework through Section 12.3 of the Criminal Code, which attributes fault based on corporate culture and is strengthened by proposals for system-of-conduct offences. Indonesia occupies a transitional position: although the Law No. 1 of 2023  formally recognizes corporations as criminal subjects, its fault-attribution structure remains hybrid, and organizational fault is only expressly acknowledged sectorally through Supreme Court Regulation No. 1 of 2023. The study concludes that effective corporate criminal liability depends on a legal system’s capacity to conceptualize fault as systemic failure rather than individual wrongdoing.
CRIMINAL LIABILITY FOR DARK PATTERN PRACTICES IN PERSONAL DATA PROCESSING: PERTANGGUNGJAWABAN PIDANA ATAS PRAKTIK DARK PATTERN DALAM PEMROSESAN DATA PRIBADI Febrianto, Yusuf Bagus; Widodo, Selamat; Saefudin, Yusuf
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11894

Abstract

This study examines criminal liability for the use of dark patterns in the registration process on digital platforms and applications, which often mislead users into providing consent for the processing of their personal data. Dark patterns are interface design strategies intentionally crafted to influence user behavior through visual and psychological manipulation, resulting in consent that is no longer freely given. The purpose of this research is to analyze the basis of criminal liability for the implementation of dark patterns under Indonesia’s national legal framework, particularly the Personal Data Protection Law (PDP Law), the Electronic Information and Transactions Law (ITE Law), and the 2023 Criminal Code (KUHP), as well as to identify obstacles to law enforcement against such practices in Indonesia. This study employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that dark patterns may fulfill the elements of a criminal offense due to the presence of intentionality, deception, and unlawful economic gain, thereby allowing liability to be imposed on both individuals and corporations. Nevertheless, significant barriers to effective enforcement remain, including the absence of an independent data protection authority, the lack of clear legal standards regarding manipulative interface design, and low levels of digital literacy among the public. This research underscores the urgency of strengthening regulatory frameworks and institutional capacity to ensure the protection of privacy rights and legal certainty within Indonesia’s digital ecosystem. Keywords: Dark Pattern, Criminal Liability, Personal Data Protection.
Legal Protection for Sellers in Cash on Delivery Schemes: Analysis of Consumer Rights Abuse in Electronic Commerce Transactions Argani, Latif; Wardani, Susilo; Saefudin, Yusuf
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11900

Abstract

The development of information technology has led to a shift from conventional transactions to electronic commerce, including the widespread use of Cash on Delivery (COD) systems on marketplace platforms. Although COD provides a sense of security for consumers, it also creates legal risks for sellers, particularly when buyers abuse the product return mechanism. This study examines the legal protection available to online sellers against the misuse of COD returns, using a case example of a sports retail business in Banyumas, including Planet Shoes Banyumas. This research applies a normative legal method based on the Indonesian Civil Code (KUHPerdata), particularly the provisions governing sale and purchase agreements (Articles 1457–1540), the principle of good faith (Article 1338 paragraph 3), the principle of balance between contractual parties, and the concept of breach of contract (Article 1243). The act of returning goods that have been replaced with different items constitutes a breach of contract, which gives sellers the legal right to demand performance or compensation. The findings indicate that the enforcement of sellers’ rights is often constrained by limited evidence, incomplete consumer data, and the restricted role of third parties such as marketplace platforms and courier services, whose responsibilities are not comprehensively regulated in electronic contracts. This study recommends strengthening legal protection through clearer contractual clauses, proper documentation of product conditions, and technical verification mechanisms during the return process. The findings are expected to contribute to the development of civil law in the context of digital transactions and to provide practical guidance for business actors using COD systems in order to promote more balanced contractual relationships.

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