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INDONESIA
Indonesian Journal of Law and Economics Review
Published by Universitas Muhammadiyah Sidoarjo
ISSN : -     EISSN : 25989928     DOI : https://doi.org/10.21070/ijler
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Indonesian Journal of Law and Economics Review (IJLER) is published by Universitas Muhammadiyah Sidoarjo four times a year. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.This journal aims is to provide a place for academics and practitioners to publish original research and review articles. The articles basically contains any topics concerning Law and Economics. IJLER is available in online version. Language used in this journal is Indonesia or English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 618 Documents
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The Role of Notarial Deeds in Avoiding Default on Debt Agreements: Peran Akta Notaris dalam Menghindari Wanprestasi pada Perjaanjian Utang Piutang Saputra, Ardiansyah; Djajaputra, Gunawan
Indonesian Journal of Law and Economics Review Vol. 20 No. 4 (2025): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i4.1393

Abstract

General Background: Debt–credit agreements constitute a common legal instrument in civil and commercial transactions, yet remain vulnerable to default, which often triggers disputes and economic losses. Specific Background: Notarial deeds are legally recognized as authentic instruments that provide preventive and evidentiary strength in structuring such agreements. Knowledge Gap: However, limited scholarly attention has been given to examining how notarial intervention substantively reduces the risk of wanprestasi and strengthens creditor protection. Aims: This study aims to analyze the preventive role of notaries in drafting balanced loan agreements and to evaluate how authentic deeds reinforce creditors’ legal standing in cases of default. Results: Findings show that notaries not only ensure the legal validity and proportionality of contractual clauses but also provide legal certainty through authentic deeds that permit direct execution without complex litigation. Novelty: This research highlights the dual preventive–executory function of notarial deeds, demonstrating their critical contribution to both dispute avoidance and expedited enforcement. Implications: Strengthening notarial practice and public awareness of authentic deeds can significantly enhance legal protection in loan agreements, reduce default risks, and promote a more secure civil transaction environment. Highlights: Notarial deeds function preventively by ensuring balanced and lawful clauses in debt–credit agreements. Authentic notarial deeds give creditors strong evidentiary power and enable direct execution in cases of default. Strengthening notarial practice and public awareness reduces dispute risk and enhances legal certainty in civil transactions. Keywords: Debt–Credit Agreement, Notarial Deed, Default (Wanprestasi), Creditor Protection, Authentic Instrument
Analysis of the Validity of Electronic Evidence in Criminal Trial Proceedings and the Implementation of Its Admissibility (Judgment Study): Analisis Keabsahan Bukti Elektronik dalam Pemeriksaan Persidangan Perkara Pidana dan Implementasi Admisibilitasnya (Studi Putusan) Vanessa, Vanessa; Firmansyah, Hery
Indonesian Journal of Law and Economics Review Vol. 20 No. 4 (2025): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i4.1395

Abstract

General Background: The rapid expansion of digital technology has reshaped evidentiary practices in criminal proceedings, introducing electronic evidence with characteristics distinct from conventional physical proof. Specific Background: Despite the legal recognition of electronic evidence through the ITE Law and its amendments, its vulnerability to manipulation demands strict compliance with formal and material validity requirements, including authentication and digital forensic examination. However, Indonesian courts often differ in implementing these standards. Knowledge Gap: The inconsistency in applying formal requirements—particularly digital forensic authentication—creates uncertainty regarding the admissibility and evidentiary value of electronic evidence. Aims: This study analyzes the legal validity of electronic evidence in criminal trials and examines how admissibility is implemented in practice through case studies of Decisions No. 175/Pid.Sus/2024/PN Jmb and No. 60/Pid.B/2019/PN Drh. Results: Findings show that courts inconsistently apply authentication procedures; some accept electronic evidence without forensic verification, while others rely on comprehensive digital forensic analysis to establish authenticity and integrity. Novelty: This research offers a comparative doctrinal assessment demonstrating how differing implementations of formal and material requirements directly affect evidentiary certainty. Implications: Uniform technical guidelines for digital forensic standards and judicial assessment are essential to ensure legal certainty, safeguard due process, and strengthen the probative value of electronic evidence in Indonesia’s criminal justice system. Highlights: Electronic evidence requires both formal (authenticity, integrity) and material (relevance, reliability) validity to be legally admissible. Courts show inconsistent implementation, with some accepting electronic evidence without forensic authentication. Digital forensics strengthens evidentiary certainty by verifying data integrity and supporting judicial accuracy. Keywords: Electronic Evidence, Digital Forensics, Admissibility, Criminal Procedure, Authentication
Implementation of Punishment for Perpetrators of Aggravated Theft Based on the New Criminal Code: Implementasi Pemidanaan Terhadap Pelaku Tindak Pidana Pencurian Dengan Pemberatan Berdasarkan KUHP Baru Reano, Arfan; Prasetyo, Boedi
Indonesian Journal of Law and Economics Review Vol. 20 No. 4 (2025): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i4.1397

Abstract

General background: Aggravated theft remains one of the most prevalent property crimes in Indonesia, generating significant social and economic harm. Specific background: The enactment of the New Criminal Code (Law No. 1 of 2023) introduces substantial reforms to the formulation and classification of aggravated theft, replacing the long-standing provisions under Article 363 of the former Criminal Code. Knowledge gap: Despite these changes, there is limited scholarly analysis regarding how the new provisions affect sentencing practices, evidentiary assessment, and legal certainty within the criminal justice system. Aims: This study analyzes the implementation of criminal sentencing for aggravated theft under Article 477 of the New Criminal Code and compares it with the regulatory framework of the previous code. Results: The findings indicate that the New Criminal Code provides clearer, more systematic, and more coherent formulations of aggravating factors, alongside more proportional sentencing scales, thereby facilitating investigation, prosecution, and judicial decision-making. Novelty: This study demonstrates that the restructuring of aggravated theft provisions enhances interpretive consistency and reduces ambiguity in legal application. Implications: Overall, the revised provisions strengthen sentencing effectiveness, reinforce deterrence, and establish greater legal certainty in adjudicating aggravated theft cases. Highlights: Clarifies the shift from Article 363 (Old KUHP) to Article 477 (New KUHP) in defining aggravated theft. Highlights improved clarity, structure, and proportionality in the New Criminal Code’s sentencing framework. Emphasizes the enhanced legal certainty and consistency for law enforcement and judicial practice. Keywords: Aggravated Theft, New Criminal Code, Sentencing, Legal Certainty, Proportionality  
Legal Certainty in Employment Termination Protection for Permanent Workers in Outsourcing Companies: An Analysis of Industrial Relations Court Decision No. 267/Pdt.Sus-PHI/2022/PN.Jkt.Pst: Kepastian Hukum dalam Perlindungan Pemutusan Hubungan Kerja bagi Pekerja Tetap di Perusahaan Outsourcing: Analisis Putusan Pengadilan Hubungan Industrial Nomor 267/Pdt.Sus-PHI/2022/PN.Jkt.Pst Setiadi, Margaretha Putri; Rasji, Rasji
Indonesian Journal of Law and Economics Review Vol. 20 No. 4 (2025): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i4.1398

Abstract

General Background: Outsourcing has become a prevalent labor practice in Indonesia, yet its implementation often creates legal uncertainty for permanent workers, particularly during termination of employment (PHK). Specific Background: The Industrial Relations Court (PHI) Decision No. 267/Pdt.Sus-PHI/2022/PN.Jkt.Pst highlights inconsistencies in applying normative protections for outsourced workers following unilateral termination by PT G4S Security Services. Knowledge Gap: Despite existing regulations and judicial guidelines such as SEMA No. 3/2015, limited studies examine the judicial deviation from these norms and its implications for legal certainty and substantive justice. Aims: This study analyzes judicial reasoning behind the non-application of SEMA No. 3/2015 and assesses its juridical consequences for worker protection in the outsourcing system. Results: Findings indicate that the judges prioritized substantive justice by granting full process wages and reinstatement, deviating from the six-month wage limit mandated by SEMA. Novelty: The study offers a comparative analysis between the PHI decision and Supreme Court Decision No. 393 K/Pdt.Sus-PHI/2024, revealing structural inconsistency in enforcing legal certainty. Implications: These inconsistencies highlight the urgent need to harmonize judicial guidelines and strengthen regulatory protections to ensure fairness and clarity for outsourced workers. Highlights: Emphasizes the tension between substantive justice and legal certainty in PHK cases for outsourced permanent workers. Highlights judicial deviation from SEMA No. 3/2015, especially regarding the six-month limit on process wages. Shows the need to harmonize regulations and judicial guidelines to strengthen protection for outsourced workers. Keywords: Legal Protection, Permanent Workers, Outsourcing, Termination of Employment, Legal Certainty
The Employer’s Legal Obligations Toward Workers’ Rights Arising from Termination of Employment (A Comparative Study between Indonesia and Germany): Kewajiban Hukum Pengusaha Terhadap Hak Pekerja Akibat Pemutusan Hubungan Kerja (Studi Komparatif Indonesia dan Jerman) Sitorus, Lena Mariana Br; Lie, Gunardi
Indonesian Journal of Law and Economics Review Vol. 20 No. 4 (2025): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i4.1399

Abstract

General Background: Termination of employment remains a critical issue in labor law due to its social, economic, and legal consequences for workers. Specific Background: In Indonesia, despite comprehensive regulation under the Manpower Law and Job Creation Law, unilateral termination continues to occur, often without due process or fulfillment of workers’ entitlements, as illustrated in the case of PT X. Knowledge Gap: However, comparative studies examining the adequacy of Indonesian protections in relation to countries with stronger welfare-oriented systems, such as Germany, remain limited. Aims: This study aims to analyze the legal obligations of employers regarding workers’ rights arising from unilateral termination and to compare regulatory frameworks between Indonesia and Germany. Results: Findings show that Indonesia provides normative protection but faces weak enforcement, inconsistent application of compensation rules, and limited procedural safeguards, whereas Germany—through the Kündigungsschutzgesetz—implements stricter termination requirements, mandatory works-council consultation, and comprehensive social security support. Novelty: This study offers a detailed doctrinal and case-based comparison highlighting structural gaps in Indonesian law using a welfare-state benchmark. Implications: Strengthening enforcement mechanisms, enhancing oversight, and integrating social security-based protections could significantly improve Indonesia’s system for safeguarding workers against unjust termination. Highlights: Highlights the gap between normative regulation and practical enforcement in Indonesia. Emphasizes Germany’s stronger procedural and welfare-based safeguards for workers. Identifies the need for Indonesia to strengthen legal implementation and social protection mechanisms. Keywords: Termination of Employment, Legal Protection, Workers’ Rights, Labor Law
Manufacturers' Liability for Skincare Product Safety Violations in the Context of Law No. 8 of 1999: Pertanggungjawaban Produsen Skincare Atas Pelanggaran Keamanan Produk Dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 Ariqah, Nailah; Sudiro, Amad
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1400

Abstract

General Background: The rapid growth of Indonesia’s skincare industry has increased consumer dependence on cosmetic products, while the circulation of hazardous and non-compliant items continues to rise. Specific Background: Despite regulatory controls under Law Number 8 of 1999 on Consumer Protection, many producers still disregard safety standards, leading to health risks and information asymmetry. Knowledge Gap: Existing studies seldom integrate legal doctrine, regulatory mechanisms, and practical enforcement challenges in analyzing producers’ liability for unsafe skincare products. Aim: This study examines the scope of legal liability borne by skincare producers for product safety violations under the Consumer Protection Law. Results: Findings show that the law imposes strict obligations on producers to ensure product safety, provide accurate information, and comply with BPOM standards; violations may trigger civil compensation, administrative sanctions, or criminal penalties. Novelty: This research systematically synthesizes strict liability, product liability, and preventive legal duties within the context of Indonesia’s contemporary skincare market, highlighting gaps between normative mandates and real-market practices. Implications: Strengthening regulatory enforcement, transparency, and consumer awareness is crucial for achieving a fair, ethical, and accountable skincare industry. Highlights: Highlights producers’ strict liability for ensuring skincare product safety. Outlines civil, criminal, and administrative sanctions for safety violations. Emphasizes the gap between legal regulations and real-world industry practices. Keywords: Legal Liability, Skincare Producers, Product Safety, Consumer Protection, Strict Liability
Investigation Mechanism to Obtain Information from Suspects Allegedly Committing Criminal Acts: Mekanisme Penyidikan untuk Mendapatkan Keterangan Terhadap Tersangka yang Diduga Melakukan Tindak Pidana Romlih, Rheihan Nurrizki; Prasetyo, Boedi
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1401

Abstract

General background of this study lies in the central role of investigation as a crucial stage in the Indonesian criminal justice process, where investigators are responsible for collecting evidence and obtaining suspect statements under KUHAP. Specific background concerns recurring procedural deviations in practice, including coercive interrogation, absence of legal counsel, and improper documentation, which undermine due process and violate constitutional protections. Knowledge gap emerges from limited scholarly analysis that systematically connects the normative framework of KUHAP with its practical implementation in suspect examinations. This study aims to examine the investigation mechanisms for obtaining suspect statements while prioritizing legal protection, based on a normative legal research method analyzing statutory rules and legal doctrine. Results show that although KUHAP clearly regulates summons procedures, notification of rights, voluntary statements, prohibition of coercion, and standardized documentation through BAP, significant discrepancies remain in field practices. Novelty of this research lies in offering an integrated assessment of normative provisions, operational challenges, and concrete procedural reforms, particularly mandatory audio-visual recording and strengthened oversight. Implications highlight the urgency of improving investigator professionalism and ensuring transparent, accountable investigations to safeguard suspect rights and preserve the integrity of the criminal justice system. Highlights: Clear KUHAP procedures often differ from actual investigative practices. Suspect statements must be obtained voluntarily without coercion. Strong oversight and audio-visual recording are essential for accountable investigations. Keywords: Investigation, Suspect Rights, KUHAP, Legal Protection, Criminal Procedure
The Legal Status of Gig Economy Workers in Indonesia's Digital Platform Industry (2022-2025): Problematika Status Hukum Pekerja Gig Economy dalam Industri Platform Digital Indonesia (2022-2025) Wardhana, Adi Pratomo Kusuma; Rasji, Rasji
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1402

Abstract

General Background: The rapid expansion of Indonesia’s digital economy during 2022–2025 has intensified the reliance on gig-based labor across transportation, logistics, and on-demand services. Specific Background: Despite their substantial contribution, gig workers’ legal standing remains ambiguous because platform companies categorize them as “partners” while exercising algorithmic control resembling conventional employment. Knowledge Gap: Existing Indonesian labor regulations have not adapted to digital platform work, leaving uncertainty regarding worker rights, social protection, and dispute-resolution mechanisms. Aims: This study analyzes the legal status of gig workers in Indonesia’s platform industry and examines the legal problems arising from the absence of explicit regulatory recognition. Results: Findings show that gig workers fulfill substantive elements of employment—work, wage, and command—yet remain excluded from protections related to minimum income, social security, occupational safety, and industrial dispute settlement. Novelty: This research provides a comprehensive doctrinal analysis demonstrating that algorithmic management constitutes a form of digital subordination, positioning gig workers within disguised employment relationships under Indonesian labor law. Implications: Regulatory reform is urgently required to establish clear employment categories, ensure fair protection standards, and align national policy with global trends in safeguarding platform workers. Highlights: Gig workers exhibit substantive employment elements despite being labeled as partners. Algorithmic management creates digital subordination and economic dependency. Regulatory gaps leave gig workers without adequate social, wage, and dispute-resolution protections. Keywords: Gig Economy, Platform Work, Legal Status, Algorithmic Control, Labor Protection
Analysis of Unilateral Termination of Employment Without the Establishment of an Industrial Relations Dispute Resolution Institution in a Force Majeure Situation (Study of Supreme Court Decision Number 374 K/Pdt.Sus-PHI/2023): Analisis Pemutusan Hubungan Kerja Sepihak Tanpa Penetapan Lembaga Penyelesaian Perselisihan Hubungan Industrial dalam Keadaan Force majeure (Studi Putusan Mahkamah Agung Nomor 374 K/Pdt.Sus-PHI/2023) Arrasyiid, Muhammad Restu; Rasji, Rasji
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1403

Abstract

General background: Termination of employment (PHK) in Indonesian labor law requires strict procedural safeguards to protect workers. Specific background: The rise of unilateral PHK during the COVID-19 pandemic, often justified as force majeure, created tensions between substantive justification and mandatory procedural requirements. Knowledge gap: Despite existing regulations, ambiguity persists regarding the legal definition, evidentiary standards, and interaction between force majeure provisions in Article 164(1) and the imperative procedural requirements of Article 151(3). Aims: This study analyzes the legal framework governing PHK due to force majeure and evaluates the validity of termination without formal determination by industrial relations dispute-resolution bodies, focusing on Supreme Court Decision No. 374 K/Pdt.Sus-PHI/2023. Results: Findings show that force majeure lacks a clear legal definition, enabling inconsistent interpretation; the Supreme Court affirmed that termination without procedural determination is null and void, yet still applied reduced compensation under Article 164(1), creating normative inconsistency and insufficient deterrence for employers. Novelty: This research identifies the dual inconsistency between procedural imperatives and substantive relief for employers, proposing a reconstructed normative framework. Implications: Clear statutory definitions, stricter evidentiary standards, and alignment between procedural compliance and compensation rules are required to strengthen worker protection and prevent misuse of force majeure claims. Highlights: Termination of employment without a determination from the industrial dispute settlement body is null and void pursuant to Article 151(3). Force majeure is recognized but lacks a clear legal definition and standardized evidentiary requirements. Supreme Court Decision 374/2023 reveals an inconsistency between procedural violations and the reduced compensation granted. Keywords: Force Majeure, Employment Termination, Industrial Relations, Legal Procedure, Worker Protection
Legal Review of the Mechanism of Commission III of the House of Representatives of the Republic of Indonesia in Resolving Public Complaints : Tinjauan Yuridis Mekanisme Komisi III Dewan Perwakilan Rakyat Republik Indonesia dalam Rangka Menyelesaikan Pengaduan Masyarakat Gea, Poppy Primadana Top; Rasji, Rasji
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1404

Abstract

General Background: Komisi III DPR RI holds a strategic supervisory role in Indonesia’s legal governance, particularly in ensuring accountability and justice within law-enforcement institutions. Specific Background: The increasing volume of public complaints indicates growing public reliance on legislative oversight to address perceived injustices, procedural irregularities, and allegations of abuse of authority in the criminal justice system. Knowledge Gap: Despite its significance, the mechanism for processing complaints in Komisi III lacks standardized procedures and remains underexplored in academic legal studies, especially regarding its conformity with constitutional principles and good governance. Aims: This study aims to analyze the legal basis, implementation, and limitations of Komisi III’s complaint-handling mechanism, as well as identify structural and normative barriers that affect its effectiveness. Results: The findings show that complaints are handled through stages of submission, verification, hearings, and recommendations, yet face obstacles such as unclear boundaries of authority, absence of SOPs, bureaucratic constraints, political intervention, and weak inter-institutional coordination. Novelty: This research provides a comprehensive normative-juridical assessment integrating legal doctrine with practical institutional dynamics. Implications: Strengthening procedural clarity, transparency, and technology-based administration is essential to enhance Komisi III’s constitutional role in ensuring accountable, responsive, and rights-oriented law enforcement in Indonesia. Highlights: Komisi III’s complaint mechanism lacks standardized SOPs, creating inconsistencies. Political dynamics and limited authority hinder effective follow-up of cases. Strengthening transparency and digital systems is essential to improve public trust. Keywords: Komisi III DPR RI, Public Complaints, Legislative Oversight, Legal Mechanism, Accountability

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