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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 757 Documents
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Dominant Positions and Monopolistic Practices in Indonesian Competition Law: Posisi Dominan dan Praktik Monopoli dalam Hukum Persaingan Usaha Indonesia Singal, Avriel Silvio Delano; Pramono, Dhymaz Satria; Kira, Joseph Hugo Vieri Iusteli Sira
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1549

Abstract

General Background Competition law in Indonesia aims to safeguard market mechanisms while allowing firms to achieve dominance through legitimate competitive processes. Specific Background Law No. 5 of 1999 adopts a behavioral approach by not prohibiting dominant positions per se but restricting their misuse, with enforcement carried out through analytical frameworks developed by the competition authority. Knowledge Gap However, ambiguity persists in distinguishing lawful market dominance derived from efficiency and innovation from prohibited monopolistic conduct characterized by exclusionary and exploitative practices. Aims This study formulates juridical criteria to clearly differentiate lawful dominance from abuse of dominant position within the Indonesian competition law framework. Results The findings identify three cumulative parameters—objective, method, and impact—as decisive indicators: lawful dominance is driven by efficiency, innovation, and consumer benefit, while abusive conduct aims to eliminate competitors, employs unjustifiable strategies, and generates anti-competitive effects such as restricted market access and reduced consumer welfare. Novelty The study introduces an integrated legal-economic analytical framework combining rule of reason, effects-based approach, and multidimensional assessment to refine legal interpretation. Implications These criteria provide guidance for regulators and businesses to ensure proportional law enforcement, maintain competitive market structures, and support sustainable economic efficiency without hindering legitimate business growth. Highlights: Differentiation is determined by objective, method, and resulting market conditions. Legitimate market control originates from efficiency, innovation, and fair competition. Anti-competitive conduct involves exclusionary strategies and consumer welfare reduction. Keywords: Dominant Position, Monopolistic Practices, Abuse of Dominant Position, Competition Law
Cartel Evidence Protects Consumers Under Indonesian Competition Law: Pembuktian Kartel Melindungi Konsumen dalam Hukum Persaingan Usaha Indonesia Setiadi, Indra Putra; Gulo, Alvandri Christian Rahmat; Eklesia, Ribka
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1551

Abstract

General Background: Market regulation is a fundamental legal instrument for maintaining fair business practices, economic efficiency, and public welfare. Specific Background: Cartels are classified as hardcore violations because they distort market mechanisms, raise prices, reduce product quality, restrict choice, and create barriers for new entrants. Knowledge Gap: The main challenge lies in proving secret cartel arrangements, particularly because direct evidence is often unavailable and enforcement still tends to emphasize a conduct-based approach rather than measurable consumer harm. Aims: This study examines mechanisms for proving cartel practices in Indonesian business competition regulation and analyzes how such proof supports consumer protection. Results: The study shows that cartel proof may rely on direct evidence, circumstantial evidence, economic analysis, parallel pricing, market allocation indicators, and plus factors. Indonesia applies both per se illegal and rule of reason approaches, while the quality of proof determines whether enforcement can prevent excessive pricing, declining product quality, and reduced consumer choice. Novelty: The study proposes a shift toward a consumer harm-based approach that places consumer loss as a central indicator in cartel assessment. Implications: Strengthening economic analysis, institutional capacity, indirect evidence use, and integration with consumer protection mechanisms is necessary to build a fair, competitive, and welfare-oriented market system. Highlights: Circumstantial indicators and economic analysis are crucial because secret agreements are rarely documented. Parallel pricing, market allocation, and plus factors can support legal assessment of collusive coordination. A consumer harm-based approach aligns enforcement with welfare, fairness, and market efficiency. Keywords: Cartel, Competition Law, Consumer Protection
Creditor Protection and Legal Certainty in Loan Agreement Defaults: Perlindungan Kreditur dan Kepastian Hukum dalam Wanprestasi Utang Piutang Rukmana, Kevin Anandita; Djajaputra, Gunawan
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1555

Abstract

General Background: Debt agreements are common civil legal relationships that may generate disputes when debtors fail to fulfill their obligations. Specific Background: In debt default cases, creditors require legal protection and legal certainty to secure their rights through available legal instruments. Knowledge Gap: Although civil law normatively regulates creditor protection, practical obstacles remain, including lengthy dispute settlement, high costs, inconsistent legal application, and ineffective execution of court decisions. Aims: This study analyzes legal protection and legal certainty for creditors in debt default agreements and examines the application of good faith and pacta sunt servanda in realizing creditor protection. Results: The findings show that civil law provides preventive and repressive protection through valid agreement requirements, clear rights and obligations, claims for performance, compensation, and agreement cancellation. Legal certainty is reflected in the binding force of valid agreements as law for the parties. However, protection has not been fully optimal in practice due to procedural and enforcement barriers. Good faith supports honest, fair, and reasonable conduct, while pacta sunt servanda affirms the obligation to honor valid agreements. Novelty: The study emphasizes the balanced application of good faith and pacta sunt servanda as the key to aligning legal certainty with justice in creditor protection. Implications: Stronger enforcement, clearer contractual drafting, and consistent judicial application are needed to realize creditor protection more optimally in debt default cases. Highlights: Civil law recognizes preventive and repressive safeguards for harmed parties. Court process duration, expenses, and execution barriers limit practical realization. Balanced contractual principles help align binding obligations with fairness. Keywords: Legal Protection, Legal Certainty, Breach of Contract
Fragmented Digital Forensic Standards in Indonesian Criminal Evidence: Standar Digital Forensik yang Terfragmentasi dalam Pembuktian Pidana Indonesia Agatha, Claudia; Rahaditya, R.
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1558

Abstract

General Background: The rapid expansion of information and communication technology has transformed criminal activities from physical to digital domains, positioning electronic data as a central element in criminal proceedings. Specific Background: Within this shift, digital forensics functions as a scientific mechanism to ensure the authenticity, integrity, and reliability of electronic evidence in legal processes under Indonesian law. Knowledge Gap: Despite normative recognition of electronic evidence, Indonesia lacks a comprehensive procedural framework governing digital forensic practices, particularly in the acquisition, analysis, and preservation of digital evidence. Aims: This study aims to analyze the legal framework and the role of digital forensics in criminal evidence from the perspective of Indonesian positive law using a normative juridical approach. Results: The findings reveal that digital forensic regulation remains fragmented and has not developed into an integrated procedural legal regime, resulting in reliance on expert testimony without binding standardized procedures and creating potential legal uncertainty. Novelty: This study highlights digital forensics as an epistemological bridge between technical facts and juridical construction while exposing structural limitations in the conventional criminal evidentiary system. Implications: The absence of clear procedural standards underscores the need for a more systematic legal framework to ensure certainty, consistency, and reliability in digital evidence within Indonesia’s criminal justice system. Highlights: Regulatory structure remains partial and lacks integrated procedural rules. Evidentiary strength depends heavily on expert interpretation without binding standards. Absence of clear mechanisms creates uncertainty in courtroom validation processes. Keywords: Digital Forensics, Criminal Evidence, Normative Juridical Approach.
Employee Retention Aligns with Training Culture and Work Life Balance: Retensi Karyawan Selaras Dengan Pelatihan Budaya dan Work Life Balance Aufiyah, Indah; Negara, Made Dwipa; Sudarsana, Komang
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1559

Abstract

General Background: Employee retention is essential for maintaining workforce stability and organizational sustainability. Specific Background: This study examines permanent employees in a seafood processing company with physically demanding work characteristics. Knowledge Gap: Prior studies mostly examined job training, organizational culture, and work-life balance separately or in different sectors. Aims: This study analyzes the partial and simultaneous relationships between job training, organizational culture, work-life balance, and employee retention. Results: Using questionnaires from 32 permanent employees and multiple linear regression, the findings show that job training, organizational culture, and work-life balance have positive and significant relationships with employee retention, both partially and simultaneously. Novelty: This study integrates three human resource factors in a seafood processing work context. Implications: Companies should strengthen training, supportive culture, and balanced work arrangements to maintain employee loyalty and long-term retention. Highlights• Job training supports employee loyalty through improved competence and confidence.• Organizational culture creates a comfortable workplace through teamwork and communication.• Balanced work arrangements reduce fatigue and support longer employee commitment. KeywordsEmployee Retention; Job Training; Organizational Culture; Work Life Balance; Human Resource Management
Fisherman Performance Anchored in Skills Work Environment and Culture: Kinerja Nelayan Berbasis Keterampilan Lingkungan Kerja dan Budaya Organisasi Dewi, Ni Komang Intan Permata; Negara, Made Dwipa; Sudarsana, Komang
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1560

Abstract

General Background Fisherman performance is important in community-based fisheries because productivity depends on technical competence, workplace conditions, and shared organizational values. Specific Background This study examined Kalisari ship fishermen who faced unstable catches, fluctuating fish prices, and coordination challenges. Knowledge Gap Prior studies mainly focused on formal organizations, while traditional fishing communities remain less explored. Aims This study analyzed the relationships between skills, work environment, organizational culture, and fisherman performance. Results Data from 33 fishermen showed that skills, work environment, and organizational culture had positive and significant partial relationships with fisherman performance. Simultaneously, the three variables were significant, with an R Square value of 0.844. Novelty This study integrates three managerial factors in a community-based maritime setting. Implications The findings support training, safer work facilities, coordination, and stronger collective values. Highlights • Technical competence showed a positive and significant partial relationship with fishing outcomes.• Safe and comfortable job conditions supported higher productivity among fishing crews.• Collective values and all tested variables explained 84.4% of outcome variation. Keywords Skills; Work Environment; Organizational Culture; Fisherman Performance; Maritime Management
Recovery Gaps for Child Victims of Intrafamilial Sexual Violence by Family Member in Indonesia’s Criminal Justice System Shelly Adisti Setiawati; R. Rahaditya
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1561

Abstract

General Background: Sexual violence against children committed by family members constitutes a serious criminal offense that generates long-term physical, psychological, and social consequences for child victims within unequal family power relations. Specific Background: Indonesian legal instruments, particularly Law Number 35 of 2014 concerning Child Protection and Law Number 12 of 2022 concerning Sexual Violence Crimes, formally regulate special protection, victim recovery, restitution, and integrated legal safeguards for child victims of intrafamilial sexual violence. Knowledge Gap: Despite the existence of comprehensive legal provisions, judicial implementation remains predominantly centered on perpetrator punishment, while victim-oriented recovery mechanisms and restitution are insufficiently integrated into court practices. Aims: This study aims to analyze the regulatory framework and the fulfillment of legal protection and victim rights for child victims of sexual violence perpetrated by family members within Indonesia’s criminal justice system. Results: Using normative legal research through statutory and case approaches, particularly the analysis of Medan District Court Decision Number 1665/Pid.Sus/2024/PN Mdn, the study finds that Indonesian positive law comprehensively recognizes children’s rights to handling, protection, recovery, rehabilitation, and restitution. However, the implementation of these rights remains suboptimal due to limited integration of psychological recovery, social rehabilitation, and victim-centered protection mechanisms in judicial practice. Novelty: This study highlights the persistent disparity between normative victim protection provisions and their practical application in intrafamilial sexual violence cases involving children. Implications: Strengthening integrated handling mechanisms, inter-agency coordination, trauma-informed legal processes, and the best interests of the child principle is essential to prevent revictimization and improve child victim recovery within Indonesia’s criminal justice system. Highlights: Indonesian positive law recognizes comprehensive safeguards for minors experiencing sexual abuse within family environments. Judicial practice prioritizes offender sentencing over psychosocial rehabilitation and restitution mechanisms. Integrated coordination among legal institutions remains necessary to prevent repeated victimization of children. Keywords: Child Victims, Sexual Violence, Family, Legal Protection
The Dynamic Relationship Between Public Education Expenditure and Economic Growth: A Case Study of Iraq (2010–2024) Aziz Mohamad Ali, Nagham
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1565

Abstract

General Background: Public expenditure on education is an important investment in human capital and economic development. Specific Background: Iraq experienced fluctuations in education expenditure and economic growth during 2010–2024 due to oil dependency, political instability, and financial crises. Knowledge Gap: Limited studies explain the dynamic relationship between educational spending, human capital, and economic growth in Iraq under unstable economic conditions. Aims: This study examines the relationship between public education expenditure and economic growth in Iraq by analyzing educational, economic, and policy indicators. Results: The findings show that educational spending has a positive long-term relationship with economic growth, but its contribution is constrained by weak infrastructure, administrative inefficiency, corruption, curriculum gaps, and reliance on oil revenues. The study also identifies gradual improvements in literacy, enrollment, education quality, and graduate employment indicators, while technical and vocational education supports productivity and economic diversification. Novelty: This study combines educational expenditure trends, human capital indicators, and sectoral economic analysis to explain the multidimensional relationship between education and growth in Iraq. Implications: Improving educational quality, governance, vocational training, and equitable resource allocation is essential to strengthen sustainable economic growth. Highlights: • Educational expenditure in Iraq showed a positive long-term connection with human capital development and productivity.• Economic expansion remained unstable because of oil dependency, political instability, and financial fluctuations.• Technical and vocational training supported workforce readiness and economic diversification strategies. Keywords: Education Expenditure, Economic Growth, Human Capital, Vocational Education, Public Policy    
The Urgency of the Fifth Amendment to the 1945 Constitution of the Republic of Indonesia: Reconstructing People’s Sovereignty from a Constitutional Law Perspective Rinto Setiyawan; Alessandro Rey Nearson; Prayogi Restia Saputra
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1545

Abstract

General Background Constitutional amendment is a central mechanism for adapting a living constitution to social, political, and legal dynamics. Specific Background In the Indonesian constitutional framework, the post-amendment formulation of Article 1 paragraph (2) affirms that sovereignty lies in the people and is exercised according to the Constitution, yet public participation remains largely limited to electoral mechanisms. Knowledge Gap The existing constitutional arrangement has not fully translated people’s sovereignty into substantive participation, balanced institutional authority, and direct public control beyond elections. Aims This study examines the urgency of the fifth amendment to the 1945 Constitution in reconstructing people’s sovereignty from the perspective of constitutional law. Results The analysis shows that the fifth amendment is constitutionally possible under Article 37 and is directed toward strengthening participatory democracy, good governance, institutional balance, and clearer mechanisms for public involvement through referendum, legislative petitions, and direct oversight. The study also identifies the need to reposition the MPR as a balancing institution, clarify the separation of state functions, and address regulatory gaps in response to contemporary legal needs. Novelty The article offers a people-centered constitutional reconstruction model that combines MPR deliberation, public initiative, constitutional review, and possible referendum mechanisms. Implications A carefully designed and inclusive amendment process can deepen democratic substance, restore public legitimacy, and ensure that state authority operates for public welfare. Highlights: Public involvement remains largely confined to elections rather than substantive decision making. MPR positioning, checks and balances, and interinstitutional functions require clearer design. Referendum, legislative petitions, and direct oversight are proposed as channels for citizen control. Keywords: Constitutionalism; Sovereignty, Referendum, Governance, Democracy
State Financial Audit Accountability Through Indonesia Audit Board Mechanisms Hasan Basri; Khusnul Hitaminah; Mohammad Anton Suryadi
Indonesian Journal of Law and Economics Review Vol. 21 No. 3 (2026): Agustus
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i3.1557

Abstract

General Background State financial management requires accountability, transparency, and independent oversight to support good governance. Specific Background In Indonesia, the Audit Board of Indonesia or BPK has constitutional authority to audit the management and accountability of state finances through financial audits, performance audits, and audits with specific objectives. Knowledge Gap Although the legal framework for state financial audits is comprehensively regulated, the implementation of audit recommendations still raises concerns regarding accountability and transparency in public financial governance. Aims This study analyzes the legal framework governing BPK’s state financial audit mechanism and examines its role in supporting accountable and transparent state financial management. Results The findings show that BPK’s authority is firmly regulated in the 1945 Constitution, Law Number 15 of 2004, and Law Number 15 of 2006. These regulations establish BPK as an independent and objective external audit institution. However, implementation remains limited by insufficient follow-up on audit results, weak inter-agency coordination, and inadequate public access to audit information. Novelty This study clarifies the relationship between constitutional audit authority, legal audit procedures, and practical barriers in state financial accountability. Implications Stronger external oversight, firmer follow-up mechanisms, better institutional coordination, and wider public transparency are needed to ensure that BPK audits support clean, transparent, and accountable financial governance. Highlights: The legal framework is constitutionally strong and comprehensive. Recurrent findings indicate weak recommendation enforcement. Coordination and public access remain critical implementation issues. Keywords: Audit Board of Indonesia (BPK), State Financial Audit, Accountability, Transparency, Legal Effectiveness.

Page 74 of 76 | Total Record : 757

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