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Law Development Journal
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 27472604     DOI : http://dx.doi.org/10.30659
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Agrarian Law Criminal Procedural Law Civil Procedural Law Constitutional Law Islamic Law; Akhwalus Syakhsyiyah Law; Munakahat Law; Faraidh/Mawaris Law; Army/Military Law; Sea Law; Economic Law; Medical Law; Custom Law; Environmental Law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 496 Documents
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Legal Strategies For Preventing Corruption In The Procurement Of Goods And Services At State-Owned Enterprises Andi Wahyu Wibisana
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.96-123

Abstract

The procurement of goods and services within state-owned enterprises (SOEs) is the sector in Indonesia with the most widespread and recurring corruption, with state losses due to procurement corruption surging from Rp5.3 trillion between 2016 and 2020 to Rp43.33 trillion between 2021 and 2023. The absence of a decrease in corruption figures despite the ongoing strengthening of anti-corruption regulations indicates a fundamental gap in SOE procurement governance. The core issue is the absence of a comprehensive, integrated, and legally binding prevention strategy. At the same time, SOE boards of directors have the full authority to establish procurement procedures independently without equivalent accountability standards. This study employs a normative-dogmatic legal methodology. The findings reveal that procurement fraud in SOEs occurs systematically across all stages of the procurement cycle and across sectors. Furthermore, it is found that fraud prevention fails due to a ‘trifragmentation’ of the system, which undermines the substance of regulations by containing normative gaps, a supervisory structure co-opted by conflicts of interest, and an internal legal culture that is permissive towards gratification. The discussion concludes that the most coherent academic response is to formulate a single binding legal instrument that closes every fraud loophole at every layer of the procurement cycle, restores the independence of internal oversight, and institutionalises anti-corruption cultural transformation as a corporate obligation.
Assessing The Jurisdictional Legitimacy of International Criminal Court (ICC) in Arresting Head of State from Non-Party States to The Rome Statute (Case Study: The Problematics of Arresting Benjamin Netanyahu) Dewic Sri Ratnaning Dhumillah; Jeremia Ricardo
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.188-199

Abstract

The issuance of an arrest warrant by the ICC for Israel Prime Minister Benjamin Netanyahu presents a fundamental juridical problem, given Israel's status as a non-State Party and Netanyahu's status as an active head of state. This research aims to (1) analyze the legal basis and legitimacy of the ICC's jurisdiction, and (2) analyze the resolution of the legal antinomy between the ICC's authority (Article 27) and the doctrine of head of state immunity (Customary International Law). This study employs a normative juridical methodology, utilizing statute, case, and conceptual approaches. The analysis reveals that the ICC's jurisdiction is legally valid, as it is not based on the perpetrator's nationality (ratione personae), but on the territorial delegation of jurisdiction (ratione loci) by Palestine as a State Party (Article 12(2)(a)), a basis confirmed by the 2021 Pre-Trial Chamber I decision. Furthermore, the study finds that the legal antinomy regarding immunity is resolved in favor of international criminal law. Head of state immunity (immunity ratione personae), rooted in the par in parem non habet imperium principle and the ICJ's 2002 Arrest Warrant case, is found to be inapplicable in the vertical relationship vis-à-vis an international court. This resolution is supported by Paragraph 61 of the Arrest Warrant decision itself and the ICC Appeals Chamber's 2019 judgment in the Al-Bashir (Jordan Referral) case. Thus, Article 27 (irrelevance of official capacity) prevails, and the ICC's legal basis for the arrest warrant is sound.
Building Rights, Management Rights, and the Limits of Horizontal Separation Principle in the Sultan Hotel Case Based on UUPA and PP 40/1996 Jordan Anggoro Wicaksono; Suparjo Sujadi
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.124-137

Abstract

This paper studies the complexity surrounding the Hotel Sultan dispute by examining the legal status of the building rights. The dispute holds tension between PT Indobuildco as the HGBs (building rights) holder and the State Secretariat as the HPL (management rights) holder. Using normative-juridical analysis, this paper analyzed the application of the horizontal separation principle under Indonesia’s Basic Agrarian Law (UUPA) and Government Regulations No. 40 of 1996. This paper finds that without the HPL holder consent, the Sultan Hotel’s HGBs extension was legally invalid despite PT Indobuildco longstanding hotel development as they continuously failed to renew their HGBs after both expired in 2023. The legal situation challenges investor confidence and tenure security in the face of regulatory clarity and administrative discretion. In addition, this paper argues that this case illustrates the absence of indemnity clauses and conflict resolution further showcase Indonesia’s legal and institutional vulnerabilities in managing public assets. This case highlights the necessity of a stronger legal safeguard and standardized procedures in land governance.
Limitation of Liability of Corporate Organs in the Establishment of a Sole Proprietorship Limited Liability Company Febri Jaya; Windi Afdal
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.138-148

Abstract

The type of research by the author in this study is normative legal research to involves and examining applicable laws and regulations as well as other relevant legal literature, commonly referred to as secondary data, in order to address specific legal issues in accordance with the research object. The liability of a limited liability company's organs is generally limited to the shares held in the company. However, in a Sole Proprietorship Limited Liability Company, management is carried out by the same person, both as Directors and as Meeting Decision-makers under the Job Creation Law. Therefore, in practice, there are many potential conflicts of interest that cause individuals who act as both founders and managers of a Limited Liability Company to be liable for their personal assets, provided that their errors and negligence can be legally proven in the Court where the Limited Liability Company is legally registered.
Strategy to Strengthen Legal Certainty in Determining BPHTB to Support Development in North Sumatra Meta Permata Sari; Surya Perdana Ginting; Farid Wajdi
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.149-162

Abstract

Land and Building Acquisition Tax (BPHTB) is a source of Regional Original Income that plays a strategic role in supporting regional fiscal independence. However, in practice, the determination of BPHTB in several districts/cities in North Sumatra Province still faces various problems that impact on weak legal certainty for taxpayers. These problems include differences in the assessment of the Taxable Object Acquisition Value (NPOP), regulatory fragmentation between regions, limited apparatus capacity, and the lack of integration of tax and land administration information systems. This study aims to analyze weaknesses in the determination of BPHTB and formulate strategies to strengthen legal certainty to support regional development in North Sumatra. This study uses a normative legal research method with a statutory, conceptual, and limited empirical approach through an analysis of BPHTB administrative policies and practices in the region. Data were obtained through a literature review of relevant laws and regulations, policy documents, and scientific literature, then analyzed qualitatively. The research results indicate that the weak legal certainty in determining the Land and Building Tax (BPHTB) is caused by the lack of standardization of the NPOP assessment methodology, disparities in administrative procedures between regions, limited capacity of regional tax officials, and the lack of integration of information systems between institutions involved in land administration and taxation. To overcome these problems, a strategy is needed to strengthen legal certainty through standardization of taxable object assessment methodology, digitization and integration of the BPHTB administration system, strengthening the objection mechanism, and increasing the capacity of regional tax officials. With effective and transparent policy implementation, the BPHTB determination system is expected to provide legal certainty for taxpayers while enhancing the role of BPHTB as a supporting instrument for sustainable regional development in North Sumatra Province.
Balancing Party Control and Representative Independence in Recall Mechanisms Kelik Endro Suryono; Sigit Handoko
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.697-718

Abstract

This study aims to analyze the dominance of political parties in recall mechanisms and its impact on the balance between party control and representative independence within a democratic system. The research method used is normative legal research with statutory and conceptual approaches, focusing on the analysis of constitutional provisions, legislative regulations, and relevant legal doctrines concerning recall or inter-time turnover mechanisms. The novelty of this research lies in identifying the legal gap arising from the excessive concentration of recall authority in political parties, particularly after the Constitutional Court Decision Number 008/PUU-IV/2006, which constitutionally legitimizes such authority. Unlike previous studies that primarily emphasize party discipline, this research highlights the tension between party control and the principle of popular sovereignty, as constituents are excluded from the dismissal process of their elected representatives. Based on the research, it is concluded that the current recall mechanism tends to weaken the independence of representatives and shift the center of political control from the people to party elites, thereby reducing the quality of representative democracy. Therefore, it is necessary to reform the recall mechanism by introducing more democratic, transparent, and participatory procedures to ensure a balance between party discipline, representative independence, and popular sovereignty.
Legal Protection of Batik Based on Communal Rights in the Context of Digitalization and Globalization: A Reconstruction of Legal Policy Anthon Fathanudien; Bias Lintang Dialog; Iman Jalaludin Rifa’i
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.436-442

Abstract

Batik, as a traditional cultural expression of Indonesia, embodies significant philosophical, cultural, and economic values; however, in the context of digitalization and globalization, its existence faces increasing threats of misappropriation, unauthorized commercialization, and weakening of communal rights. This study aims to analyze the legal protection of batik based on communal intellectual property and to reconstruct legal policy to achieve a more effective and equitable protection system. The research employs a normative juridical approach with a doctrinal legal research design, utilizing statute, conceptual, and comparative approaches. Data are derived from secondary legal materials, including legislation, legal doctrines, and scholarly works, and are analyzed through qualitative juridical methods to identify regulatory gaps and structural weaknesses. The findings reveal that although batik has been formally recognized under the communal intellectual property regime, such recognition remains largely administrative and has not been supported by strong enforcement mechanisms, particularly in responding to challenges arising from digital technology and global market dynamics. Furthermore, the absence of adaptive regulations, limited institutional coordination, and minimal community participation exacerbate the vulnerability of batik protection. The novelty of this research lies in proposing a reconstruction of legal policy that integrates political law perspectives with digital governance, emphasizing the strengthening of communal rights, regulatory adaptation, and equitable benefit-sharing mechanisms. This reconstruction is expected to transform legal protection from symbolic recognition into a responsive, just, and sustainable system in safeguarding batik as Indonesia’s cultural heritage.
The Development of Arbitration Institutions in Resolving Sports Disputes: Challenges and Prospects Agung Sujati Winata; Herliana Herliana; Dina Widyaputri Kariodimedjo
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.956-973

Abstract

The development of sports as a complex industry has heightened the potential for disputes among stakeholders, including athletes, clubs, and sports organizations. This necessitates more efficient and professional dispute-resolution mechanisms. While sports arbitration has been recognized as a primary mechanism, the existence of arbitration institutions in Indonesia continues to face significant challenges, such as insufficient public awareness and understanding of arbitration institutions, persistent reliance on litigation, and a shortage of qualified human resources. This research aims to identify and analyze the challenges and opportunities confronting sports arbitration institutions in Indonesia. It serves as a foundation to formulate concrete strategies for strengthening their role in resolving sports disputes and enhancing their adaptability to global developments and international standards in sports dispute resolution. The study employs a normative legal research methodology, adopting a statutory approach to analyze relevant sports arbitration regulations and conducting a comprehensive literature. The findings of this study show that sports arbitration institutions, such as the Indonesian Sports Arbitration Body (BAKI), possess significant potential to resolve disputes effectively, particularly in fostering opportunities to establish a more competitive sports ecosystem. This potential stems from the inherent advantages of sports arbitration over conventional litigation in addressing sports-related conflicts, including its flexibility, the integration of digitalization and technology in advancing arbitration processes, inter-institutional collaboration, and the enhancement of arbitrator competencies, all of which can strengthen the national arbitration framework. Furthermore, while principles such as Lex Sportiva and Lex Ludica have been incorporated into Indonesia’s Sports Law as part of adapting to advancements in sports jurisprudence, inconsistencies persist due to overlapping jurisdictions between the autonomy of sports organizations and governmental oversight. This research contributes strategic recommendations to reinforce the national sports arbitration system, ensuring its alignment with global best practices and fostering institutional resilience in an evolving legal and sporting landscape.
Juridical Analysis of The Fairness Aspects of the Implementation of the Ar’s Length Principle to Domestic Related-party Transactions in Indonesia Muhammad Hanif Arkanie; Amin Purnawan
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.618-630

Abstract

This article examines the fairness and legal certainty of applying the Arm’s Length Principle (ALP) to domestic affiliated transactions in Indonesia. Although the ALP was originally designed to prevent tax avoidance through profit shifting across jurisdictions with different tax rates, Indonesian tax law also applies it to domestic related-party transactions in which the parties are generally subject to the same tax rate. Using normative legal research, this study employs statutory, conceptual, and case approaches to analyze relevant tax regulations and selected Tax Court decisions. The findings indicate that the domestic application of the ALP raises significant fairness concerns because primary adjustments are not always accompanied by effective corresponding adjustments, thereby creating a risk of economic double taxation. Legal certainty is further weakened by inconsistent judicial reasoning and procedural limitations in the current regulatory framework. This article argues that a more proportionate policy model is required, including stronger protection of taxpayers’ rights to corresponding adjustments, clearer limits on primary adjustments in domestic cases, and broader use of Advance Pricing Agreements as a preventive mechanism. These reforms are necessary to align domestic transfer pricing regulation with the principles of fairness, proportionality, and legal certainty.
Regulatory Gaps in Buy Now Pay Later Consumer Protection Tri Herdianto; Dewi Sulistianingsih; Pujiono Pujiono
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.364-382

Abstract

The rapid development of Buy Now Pay Later (BNPL) services in Indonesia has created new challenges for consumer protection in the digital financial ecosystem. This study aims to analyze the effectiveness of regulatory oversight of BNPL services and to examine the reconstruction of providers' legal responsibilities in protecting consumers from potential losses. This study uses a normative juridical method with statutory, conceptual, and analytical approaches by examining regulations, legal doctrine, and contemporary fintech legal issues. The novelty of this study lies in the integration of consumer protection principles with risk-based financial supervision in evaluating BNPL regulations, particularly in identifying structural gaps between regulatory compliance and substantive legal protection. This study finds that existing BNPL regulations do not fully provide effective consumer protection due to the dominance of a compliance-based supervisory approach, weak accountability mechanisms, and the absence of a clear compensation framework for consumer losses. Furthermore, the use of standard digital agreements tends to create an imbalance between providers and consumers. This study concludes that the BNPL problem in Indonesia is a structural legal issue that requires regulatory reconstruction through adaptive risk-based supervision, clearer allocation of responsibilities, operational compensation mechanisms, and stronger integration between financial services law, consumer protection law, and personal data protection regulations.

Page 44 of 50 | Total Record : 496

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