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INDONESIA
International Journal of Business, Law, and Education
Published by IJBLE Scientific Publications Community Inc
ISSN : -     EISSN : 2747139X     DOI : -
Core Subject : Economy, Science, Education, Social,
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other
International Journal of Business, Law, and Education disseminates knowledge about Business, Law, and Education that useful to academics, educators, scholars, managers, practitioners, policy makers, consumers, and other stakeholders all around the world.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 807 Documents
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Reformulating the Regulation of Traditional Food-Making as Traditional Knowledge under Indonesia’s Communal Intellectual Property Law Ni Nyoman Devi Kartikasari; I Made Dedy Priyanto
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1483

Abstract

This article examines the normative ambiguity surrounding the legal status of traditional food-making within Indonesia’s communal intellectual property regime, particularly under Article 8(a) of Government Regulation No. 56 of 2022 concerning Communal Intellectual Property. The provision lists “traditional methods or processes” as one form of Traditional Knowledge, but it does not define the phrase or expressly include traditional food-making. This lack of definitional precision creates legal uncertainty for communities whose culinary techniques, ingredient-selection practices, processing sequences, utensils, presentation rituals, and cultural meanings have been transmitted across generations. Using normative legal research, this article applies statutory, conceptual, systematic, teleological, and reform-oriented approaches to primary legal materials and selected scholarly sources on Traditional Knowledge, communal intellectual property, legal certainty, and utilitarian jurisprudence. The analysis shows that traditional food-making substantively satisfies the elements of Traditional Knowledge because it embodies communally held know-how, skills, technical practices, cultural values, and intergenerational transmission. Nevertheless, the absence of explicit normative clarification may generate inconsistent interpretation, weak inventory practices, and limited protection against unilateral commercial appropriation. The article proposes a reformulation of Article 8(a) by defining “traditional methods or processes” as including the entire sequence of traditional food-making, from local ingredient selection and processing techniques to traditional equipment, serving practices, and embedded cultural meanings. The article further recommends technical guidelines, systematic documentation, regional government participation, community education, benefit-sharing mechanisms, and accessible dispute-resolution procedures. The proposed reformulation is expected to strengthen legal certainty, enhance substantive justice for custodian communities, and align Indonesia’s communal intellectual property framework with the broader international discourse on Traditional Knowledge protection.
The Application of the Contributory Negligence Doctrine in Determining Bank Liability for Customer Losses Made Yoga Keysa Wira Gandhi; Made Aditya Pramana Putra
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1484

Abstract

This article examines the legal consequences of applying the contributory negligence doctrine to bank liability for customer losses arising from errors, negligence, or misconduct committed by bank employees. The central issue is whether a bank, as a financial services business actor, may rely on customer fault to exclude liability even when the loss is causally connected to employee conduct performed within the bank's operational sphere. Using normative legal research, this article applies statutory, conceptual, and case approaches to Indonesian civil law, banking regulation, financial consumer protection norms, and selected court decisions. The analysis focuses on Article 10 of Financial Services Authority Regulation Number 22 of 2023 on Consumer and Public Protection in the Financial Services Sector, the Indonesian Civil Code, the Banking Law, and relevant dispute-resolution mechanisms. The findings indicate that banks bear prima facie responsibility for losses caused by employees, directors, commissioners, or third parties acting on behalf of the bank. Article 10(2), which allows financial services providers to avoid liability when consumer involvement or negligence is proven, functionally resembles contributory negligence. However, an absolute or all-or-nothing application of that provision is difficult to reconcile with the structural imbalance between banks and customers, the prudential principle, and modern financial consumer protection standards. The article argues that Indonesian banking liability should be interpreted through a proportional model closer to comparative negligence, so that customer fault may reduce but should not automatically extinguish bank liability where employee negligence remains a substantial cause of loss.
An Alternative Model for Constitutional Question Adjudication in Indonesia: A Comparative Study of Ten Constitutional Court Jurisdictions Dhenasya Sukma Hardaningtyas; Muchamad Ali Safa'at; Dhia Al-Uyun
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1486

Abstract

Indonesia's constitutional review system entrusts the Constitutional Court with the authority to review statutes against the 1945 Constitution, yet it does not provide a procedural channel through which ordinary judges may refer constitutional doubts arising in pending cases. This doctrinal and comparative legal study formulates an alternative model of constitutional question adjudication for Indonesia by examining ten constitutional-court jurisdictions: Austria, Italy, Germany, South Africa, South Korea, Hungary, Croatia, Romania, the Czech Republic, and the Russian Federation. The study uses statutory, conceptual, case-based, and comparative approaches and analyses primary legal materials, constitutional-court legislation, judicial decisions, and relevant scholarship on centralized constitutional review and concrete norm control. The findings show that constitutional question mechanisms share several core features: they arise from concrete litigation, are normally initiated by judges, require the challenged norm to be decisive for the pending case, usually suspend the underlying proceedings, and produce decisions with binding force beyond the individual dispute. At the same time, the jurisdictions differ in their referral filters, admissibility thresholds, procedural timelines, and remedial effects. Building on these comparative findings, this article proposes a semi-mandatory judicial referral model for Indonesia. The model requires constitutional amendment to Article 24C of the 1945 Constitution, preliminary screening by the Supreme Court, strict admissibility criteria, a stay of proceedings, expedited review by the Constitutional Court, and final and binding decisions with erga omnes and limited retroactive effects. The proposed model preserves judicial independence, reduces the risk of docket congestion, and strengthens preventive protection of constitutional rights in concrete adjudication.
Legal Regulation of Substitute Documents for Certificates of Indigency in Indonesian Legal Aid Administration: Normative Ambiguity, Accountability, and Comparative Lessons Ni Putu Nathalia Dewi; Komang Widiana Purnawan
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1487

Abstract

Access to legal aid is a constitutional and human-rights-based obligation of the state, particularly for indigent persons and vulnerable groups who face legal problems but lack the economic capacity to obtain professional legal assistance. Indonesian Law No. 16 of 2011 on Legal Aid and Government Regulation No. 42 of 2013 require proof of indigency, traditionally through a Certificate of Indigency (Surat Keterangan Miskin/SKM) issued by village or urban-village authorities. At the same time, Government Regulation No. 42 of 2013 allows applicants who do not possess an SKM to submit social assistance cards or “other documents” as substitutes. This article examines the regulatory construction of substitute documents, the legal consequences of the vague phrase “other documents,” and the accountability framework for officials, applicants, and legal aid providers involved in the issuance and use of such documents. It employs normative legal research with statutory, conceptual, and comparative approaches. The analysis shows that the open-ended formulation of substitute documents promotes administrative flexibility and access to justice, but also generates legal uncertainty, unequal implementation across regions, verification difficulties, risks of misuse, and potential administrative, civil, and criminal liability. Comparative analysis of England and Wales, the Netherlands, Australia, and Finland indicates that modern legal aid systems rely on nationally standardized eligibility criteria, means testing, integrated social-security or tax data, digital verification, and audit mechanisms. The article argues that Indonesia should harmonize legal aid regulation with social welfare, civil registration, public administration, and personal data protection regimes by establishing a national list of acceptable substitute documents, creating a tiered verification model, integrating legal aid eligibility with the National Single Socio-Economic Data (DTSEN), and strengthening accountability safeguards. Such reform is necessary to ensure that administrative requirements function as instruments of inclusion rather than barriers to justice.
Legal Protection of State Land Against Land Encroachment in Indonesia: Normative Ambiguity in Article 502 of the 2023 Criminal Code and a Reformulation Model Luh Amelia Savitri; Sagung Putri M. E. Purwani
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1488

Abstract

This article examines the normative ambiguity embedded in the phrase “right to use state land” in Article 502 of Law Number 1 of 2023 concerning the Indonesian Criminal Code and its implications for the legal protection of state land from land encroachment. State land is not merely an economic asset; under Article 33 paragraph (3) of the 1945 Constitution and the Basic Agrarian Law, it is a public resource that must be administered for the greatest prosperity of the people. Nevertheless, state land remains vulnerable to fraudulent transfer, unlawful occupation, forged documentary claims, informal control, and transactions that exploit administrative delay or weak asset registration. The study applies normative legal research using statutory, analytical, and conceptual approaches. Primary legal materials include the 1945 Constitution, the Basic Agrarian Law, Government Regulation Number 18 of 2021, Government Regulation in Lieu of Law Number 51 of 1960, and Law Number 1 of 2023. The analysis employs systematic and teleological interpretation to assess whether Article 502 can protect state land that has not yet been certified or formally attached to a specific land right. The findings show that Article 502 is progressive because it recognises fraudulent dealings over rights connected with state land, yet its formulation remains insufficiently determinate. The absence of a clear statutory category for “right to use state land” creates interpretive inconsistency, weakens the principle of lex certa, and risks excluding uncertified government assets from criminal-law protection. The article proposes a reformulation model that clarifies the categories of protected state land, synchronises criminal provisions with agrarian law, and integrates asset recovery through an ultimum remedium approach and a double-track system of sanctions and restorative measures.
Legal Recognition of Societal Organizations as Civil Society Representatives in Democratic Lawmaking Argie Wahyu Wibawa Purwanto; Dhia Al Uyun; Arif Zainudin
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1489

Abstract

Public participation is an indispensable element of democratic lawmaking because it links statutory authority with social legitimacy. In Indonesia, societal organizations (organisasi kemasyarakatan, ormas) have a strategic position as intermediary institutions that aggregate collective interests and transmit them to state institutions. Although Law No. 12 of 2011 on Lawmaking, as amended most recently by Law No. 13 of 2022, recognizes public participation and introduces the language of meaningful participation, the statutory framework still does not expressly establish an enforceable obligation to involve societal organizations at each decisive stage of the legislative process. This article examines the legal consequences of that gap for democratic legitimacy, legislative accountability, and the quality of public control. Using normative legal research supported by statutory, conceptual, and comparative approaches, the article analyses Indonesian constitutional guarantees of association and expression, the legal functions of societal organizations under Law No. 17 of 2013, the doctrine of meaningful participation developed by the Constitutional Court, and selected comparative lessons from the Philippines. The study argues that the present Indonesian model remains vulnerable to procedural formalism because participation is frequently treated as access to consultation rather than as an institutionalized right to be heard, considered, and answered. The article recommends reformulating the Lawmaking Law by converting discretionary consultation clauses into mandatory provisions, establishing minimum procedural standards for consultation, requiring written feedback on civil society submissions, and creating a reviewable record of participation. Such reform would strengthen the rule of law by transforming societal organizations from occasional invitees into legally recognized partners in democratic legislation.
Protecting the Right to Village Existence in Indonesia’s National Strategic Projects: Normative Gaps in Village Dissolution, Land Acquisition, and Administrative Safeguards Bayu Nando Prayoga; Istilam Istilam; Shinta Hadiyantina
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1491

Abstract

This article examines the legal implications of village dissolution arising from Indonesia’s National Strategic Projects (Proyek Strategis Nasional, PSN) and assesses whether existing legal instruments adequately protect the right to village existence. The analysis is motivated by the tension between accelerated infrastructure development and constitutional commitments to village autonomy, legal certainty, public participation, and protection of collective community rights. Using normative legal research, the article applies statutory, conceptual, historical, and case-based approaches to the Village Law, the Government Administration Law, the Land Acquisition Law, Government Regulation No. 42 of 2021, Presidential Regulation No. 109 of 2020, and Minister of Home Affairs Regulation No. 1 of 2017. The article argues that PSN regulations facilitate project acceleration, land acquisition, and spatial reclassification, but do not create a clear, rights-sensitive mechanism for altering or extinguishing village legal status. This produces a normative gap: land may be acquired for public interest projects while the subsequent status of village territory, assets, governance participation, customary identity, and collective administrative rights remains legally underprotected. The article further shows that merger, subdivision, and dissolution procedures can be used administratively to neutralize village resistance, especially where customary communities lack formal recognition. It concludes that village dissolution caused by PSN should not be treated as a mere bureaucratic consequence of land acquisition, but as a constitutional event affecting legal identity, social memory, and local self-government. The article recommends mandatory village deliberation, meaningful public consultation, free, prior, and informed consent for customary communities, independent legality review, and explicit statutory safeguards for village existence in the PSN regime
Managerial and Environmental Factors on the Risk of Loan Default in Micro-Enterprises Agus Khairudin Ahmadi; Eliada Herwiiyanti
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1492

Abstract

In Indonesia, micro-enterprises play a strategic role in the national economy. In fact, the sustainability of micro-enterprises often faces challenges due to the high risk of loan default. This study aims to examine the role of managerial and environmental factors as two key determinants of the risk of loan default in micro-enterprises. A narrative literature review method was used to analyze eight scientific articles published between 2016 and 2025 that were relevant to the research topic. The study found that managerial factors such as financial literacy, business planning, and cash flow management influence the ability of micro-entrepreneurs to repay loans. Meanwhile, environmental factors such as macroeconomic conditions, government policies, and social dynamics can strengthen or weaken the financial stability of micro-enterprises. The implications of this research demonstrate the importance of strengthening managerial capacity and creating a conducive business environment as key strategies to reduce the risk of loan default
The Influence of Pro-Environmental Behavior and Green Organizational Culture on Sustainable Performance: Evidence from Cafés in Ternate City Dilsya Fiana Marjan; Marwan Man Soleman; Adnan Rajak
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1493

Abstract

Purpose - This study examines the effect of pro-environmental behavior and green organizational culture on the sustainable performance of cafés in Ternate City. Design/methodology /approach - The study employed a quantitative explanatory design. Data were collected through structured questionnaires distributed to 29 operational employees of cafés that had implemented environmentally oriented practices. The data were analyzed using validity and reliability testing, classical assumption testing, and multiple linear regression in SPSS. Findings - The regression results indicate that pro-environmental behavior has a positive but statistically non-significant effect on sustainable performance (B = 0.170; p = 0.238). In contrast, green organizational culture has a positive and significant effect on sustainable performance (B = 1.063; p = 0.001). The simultaneous test confirms that pro-environmental behavior and green organizational culture jointly influence sustainable performance (F = 21.541; p = 0.001), with an estimated coefficient of determination of 0.624. Originality/value - The study extends sustainability management research by focusing on small service businesses in an island-city context, where resource efficiency, waste reduction, and environmentally responsible work routines are directly relevant to business continuity. The findings suggest that individual green behavior may not be sufficient unless it is embedded in a supportive green organizational culture.
Legal Vacuum in the Establishment of Positive Fictitious Administrative Decisions in Indonesia after the Job Creation Law Siti Anisa Fatmawati; Tunggul Anshari Setia Negara; Shinta Hadiyantina
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1494

Abstract

Article 175 of the Job Creation Law abolished the mechanism for submitting applications concerning positive fictitious administrative decisions to the State Administrative Court (PTUN) and delegated further regulation to a Presidential Regulation. However, the Presidential Regulation has not yet been issued, creating a normative vacuum regarding the procedures, form, evidentiary mechanisms, and validation of such decisions. This study examines the nature of this normative vacuum, its implications for legal certainty in public administration, and the design of an ideal regulatory framework. Using a normative legal research method with statutory, conceptual, and case approaches, legal materials were collected through library research and analyzed qualitatively. The findings show that the absence of the Presidential Regulation has led to legal uncertainty, inconsistent PTUN decisions, and inadequate protection of citizens’ administrative rights. Therefore, a clear regulatory framework is needed to govern the determination of positive fictitious administrative decisions, establish a formal legal instrument as evidence of such decisions, and strengthen judicial oversight to ensure legal certainty and effective legal protection.

Page 78 of 81 | Total Record : 807

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