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Lex Publica
Published by Asosiasi Pimpinan Perguruan Tinggi Hukum Indonesia
ISSN : 23549181     EISSN : 25798855     DOI : https://doi.org/10.58829/lp
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Lex Publica (e-issn 2579-8855; p-issn 2354-9181) is an international, double blind peer reviewed, open access journal, featuring scholarly work which examines critical developments in the substance and process of legal systems throughout the world. Lex Publica published biannually online every June and December by Asosiasi Pimpinan Perguruan Tinggi Hukum Indonesia (APPTHI) and managed by Institute of Social Sciences and Cultural Studies (ISOCU), aims at critically investigating and pursuing academic insights of legal systems, theory, and institutions around the world. Lex Publica encourages legal scholars, analysts, policymakers, legal experts and practitioners to publish their empirical, doctrinal and/or theoretical research in as much detail as possible. Lex Publica publishes research papers, review article, literature reviews, case note, book review, symposia and short communications on a broad range of topical subjects such as civil law, common law, criminal law, international law, environmental law, business law, constitutional law, and numerous human rights-related topics. The journal encourages authors to submit articles that are ranging from 6000-8000 words in length including text, footnotes, and other accompanying material.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 168 Documents
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Legal Foundations and Implications of Civil Deeds of Settlement in the Indonesian Legal System Ilham Eka Hartawan; Pristika Handayani; Rizki Tri Anugrah Bhakti
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.210

Abstract

. In everyday life, people often take legal actions that can lead to disputes due to differing opinions and perspectives. This research looks at the legal basis for civil deeds of settlement in the Indonesian legal system by examining relevant regulations and laws, such as Articles 1851 of the Civil Code and Article 130 of the Het Herziene Indonesisch Reglement (HIR). Using a normative legal research method, the study analyzes existing laws, highlighting how peace agreements can help resolve disputes through litigation or alternative dispute resolution (ADR). It emphasizes the importance of good faith during mediation and the role of judges in encouraging amicable settlements. The findings underscore that civil deeds of settlement serve as a valuable mechanism for resolving conflicts outside traditional litigation, with their legal binding nature reinforced through documentation as peace deeds, which acquire the same legal force as court decisions when registered. This aspect provides assurance that agreements will be upheld, promoting security in contractual relationships. Moreover, while judges play a minimal role in enforcement, they facilitate mediation, ensuring parties explore amicable resolutions. Ultimately, this study advocates for a broader understanding and adoption of civil deeds of settlement, enhancing the effectiveness of dispute resolution in Indonesia.   Abstrak. Dalam kehidupan sehari-hari, masyarakat sering melakukan tindakan hukum yang dapat menimbulkan sengketa karena adanya perbedaan pendapat dan sudut pandang. Penelitian ini mengkaji dasar hukum akta perdamaian dalam sistem hukum Indonesia dengan mengkaji peraturan perundang-undangan yang berlaku, seperti Pasal 1851 Kitab Undang-Undang Hukum Perdata dan Pasal 130 Het Herziene Indonesisch Reglement (HIR). Dengan menggunakan metode penelitian hukum normatif, penelitian ini menganalisis peraturan perundang-undangan yang berlaku, dengan menyoroti bagaimana perjanjian perdamaian dapat membantu menyelesaikan sengketa melalui litigasi atau penyelesaian sengketa alternatif (ADR). Penelitian ini menekankan pentingnya itikad baik selama mediasi dan peran hakim dalam mendorong penyelesaian secara damai. Temuan penelitian ini menggarisbawahi bahwa akta perdamaian berfungsi sebagai mekanisme yang berharga untuk menyelesaikan konflik di luar litigasi tradisional, dengan sifat mengikat secara hukum yang diperkuat melalui dokumentasi sebagai akta perdamaian, yang memperoleh kekuatan hukum yang sama dengan putusan pengadilan saat didaftarkan. Aspek ini memberikan jaminan bahwa perjanjian akan ditegakkan, sehingga meningkatkan keamanan dalam hubungan kontraktual. Selain itu, meskipun hakim memainkan peran minimal dalam penegakan hukum, mereka memfasilitasi mediasi, memastikan para pihak mencari penyelesaian secara damai. Pada akhirnya, penelitian ini menganjurkan pemahaman dan adopsi yang lebih luas tentang akta perdata, yang meningkatkan efektivitas penyelesaian sengketa di Indonesia. Kata kunci: Mediasi, Penyelesaian sengketa, Perjanjian damai, Kepastian hukum, Pendekatan hukum normatif
Implementing Regulations for the Omnibus Law within the Taxation Cluster: A Delegated Legislation Perspective Josua Marihot Armando Saragi; Fitriani Ahlan Sjarif; Maria Farida Indrati
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.239

Abstract

This research explores the implications of Indonesia's Law Number 11 of 2020 concerning Job Creation, or the Omnibus Law, with a focus on delegated legislation and its role in fostering investment through regulatory clarity. The law emphasizes the importance of the timely implementation of regulations, mandating that all implementing regulations remain in effect unless they conflict with the new law. However, there is a gap in the existing literature regarding how delegated legislation influences the creation of these implementing regulations, particularly within the taxation cluster. Utilizing a qualitative design and normative juridical approach, the research analyzes the hierarchy of legal regulations in Indonesia, including the constitutional framework that supports economic growth. Data collection involves an in-depth examination of relevant laws and specific tax provisions introduced by Law 11/2020. The findings reveal that while the law aims for regulatory simplification, its implementation has led to over-regulation, complicating compliance for businesses. Recommendations include refining the preparation and organization of the law to enhance clarity and ensuring that the formation of delegated regulations aligns with established legislative principles. Ultimately, this research contributes to the discourse on regulatory reform, emphasizing the necessity for coherence and efficiency in Indonesia's legal landscape to promote a conducive environment for investment and economic development.
Beyond the Basics: Examining the Consequences of Substandard Law Textbooks in Legal Education in Developing Countries Abu Hena Mostofa Kamal; Mohd Zakhiri Md. Nor; Mohammad Abu Taher; Mohammad Abdul Matin Chowdhury
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.240

Abstract

Law graduates play a critical role in shaping the legal system and ensuring justice. To provide them with the necessary knowledge and skills, it is essential to have proper educational resources, especially qualitative law textbooks. This article evaluates the need for qualitative law textbooks for proper education of law graduates in law schools by taking Bangladesh as a case study and critically assesses the impact of the lack of quality textbooks on law students. The study shows that qualitative law textbooks are essential for students to develop a comprehensive understanding of the legal system, its principles, and the interpretation of laws. Lack of quality textbooks has a detrimental impact on law students in Bangladesh, hindering their research and academic progress and affecting the quality of legal education. This article argues that it is imperative to ensure the availability of qualitative law textbooks to provide the necessary educational resources for law students in Bangladesh. The study highlights the significance of qualitative law textbooks in legal education and calls for necessary measures to address the issue of insufficient textbook quality to improve legal education in Bangladesh.
Women Trafficking Legislation in SAARC: A Cross-Country Comparative Study Tahira Attia Fariha; Md Hasnath Kabir Fahim
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.241

Abstract

Human trafficking, defined by actions involving recruitment, transportation, harboring, and exploitation through force, deception, or coercion, has seen a significant surge in women trafficking across Asia in recent years. This escalation in women trafficking has resulted in adverse physical and psychological health conditions for victims, often leading to social disadvantages. Given the substantial representation of women in a nation's population, injustices against them can hinder a nation's development. Within the South Asian Association for Regional Cooperation (SAARC) region, member states while sharing similarities, exhibit significant variations in their anti-women trafficking policies. This disparity prompts questions regarding the relative strength of each country's anti-women trafficking laws. Focusing on Bangladesh as a SAARC member state, this paper conducts a comparative study of Bangladesh's anti-women trafficking laws with those of other SAARC countries to assess the impact and effectiveness of existing laws in combating women trafficking.
Strengthening Land Allocation Policies for Empowering Local Farmers in Palm Oil Plantations Izmi Waldani; Fauzul Amri; Mhd Halkis; Hengki Andora; Kurnia Warman
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.248

Abstract

This study investigates the implementation of the obligation to allocate 20% of plantation land to farmers from a jurisdictional perspective by using a case study of PT. Wanasari Nusantara in Kuantan Singingi Regency, Riau Province. The obligation, stipulated under the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 26 of 2007, aims to empower local communities and foster regional economic development. Employing an empirical legal research methodology, this study analyzes legal frameworks and qualitative data gathered through stakeholder interviews. The findings indicate that the company has not fully complied with its obligations, largely due to inadequate oversight and a lack of transparency in the management and expansion of Land Use Rights (Hak Guna Usaha or HGU). From the perspective of spatial planning law, land allocation policies are vital to ensure equitable access to land resources. However, these policies require stronger regulatory frameworks and enforcement mechanisms to achieve their objectives. The study concludes by recommending a comprehensive revision of supervision mechanisms and an enhanced governmental role to ensure effective implementation of land allocation policies. This approach is essential for achieving distributive justice and promoting sustainable social and economic development.
Criminal Sanctions and Personal Data Protection in Indonesia Kukuh Dwi Kurniawan; Deassy J. A. Hehanussa; Rahmat Setiawan; Indah Susilowati; Sopian; Desmarani Helfisar
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.255

Abstract

This research analyzes Indonesia's Law Number 27 of 2022 on Personal Data Protection (Law on Personal Data Protection), focusing on its regulatory framework and institutional strengthening efforts. The study employs a normative legal research approach with a descriptive-analytical method, examining primary legal materials such as Law Number 27 of 2022 and secondary sources including relevant academic literature. To provide a global perspective, comparisons are drawn with the General Data Protection Regulation (GDPR) in the European Union, the Personal Data Protection Act (PDPA) in Singapore, and the Act on the Protection of Personal Information (APPI) in Japan. The findings reveal that while the Law on Personal Data Protection provides a comprehensive framework for personal data protection, its implementation faces significant challenges, including low public awareness, insufficient readiness in the business sector, and limited enforcement capacity of supervisory institutions. Strengthening institutional frameworks and enhancing public understanding of data privacy rights are critical steps toward addressing these challenges. Although criminal sanctions are stipulated in the law, their application has yet to be evaluated in depth, as this research primarily focuses on regulatory analysis. Suggestions include developing robust technological and organizational measures to secure data and fostering international collaboration in managing cross-border data flows to align with global standards. Further research is recommended to assess the effectiveness of criminal sanctions in deterring data breaches and their role in enhancing the overall efficacy of Indonesia's personal data protection framework.
Transparency in Ensuring Governance and Accountability of Non-Profit Institutions: Lessons from Malaysia and India Tria Sasangka Putra; Bahrullah Akbar; Suwarno; Renny Friska; Dhanuskodi Rengasamy; Momin Noorjahan
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.258

Abstract

This research examines the transparency and governance aspects of foundations in Indonesia as nonprofit organizations, and compares them with foundation regulations in several countries to gain insight into their legal structures, obligations, and social responsibilities. The study addresses three key questions: first, how foundations are structured within Indonesia's legal framework, focusing on governance; and second, a comparative analysis of how Malaysia and India regulate foundations, their responsibilities, and operational frameworks. The research also evaluates how foundations can improve their societal contributions while ensuring transparency and accountability. Using a qualitative approach with a normative and comparative design, the study analyzes Indonesia's regulatory framework under Law No. 28/2004 and compares it with international practices to identify best practices. The findings reveal that Indonesian foundations must uphold transparency and accountability, including the obligation to produce annual reports that are auditable and subject to strict oversight to prevent fund misuse. The conclusion highlights that while regulations differ across countries, all emphasize the importance of transparency and accountability to ensure foundations operate effectively and contribute positively to society. Adhering to these principles is essential for the sustainability of foundations and enhancing their social impact.
Legal Protection for Children Born Out of Wedlock: An Islamic Justice Perspective Umi Enggarsasi; Nur Khalimatus Sa'diyah; Muhammad Dhany Reformasi
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.260

Abstract

The presence of a child born outside of marriage raises various issues both within families and society, particularly regarding the rights and obligations of the child. A child born out of wedlock may not solely result from an illicit relationship; it can also occur when a marriage is conducted only according to customary law without being officially registered. According to Article 80 of the Civil Code, prior to the Marriage Law, marriage must be performed in front of a Civil Registry official. Article 81 stipulates that religious ceremonies must occur after the civil registration. This research aims to analyze the implementation of birth registration regulations for children born out of wedlock based on Islamic justice, identify weaknesses in issuing birth certificates without a marriage certificate, and reconstruct these regulations in alignment with Islamic values. The research employs a constructivist paradigm, using a sociological-legal approach and various data collection methods. Findings indicate that the implementation of birth registration for children born out of wedlock lacks fairness, necessitating protection to ensure equal treatment with other children. Current regulations are insufficiently clear regarding children born out of wedlock, highlighting a need for better synergy among law enforcement. The reconstruction of these regulations is outlined in Law No. 23 of 2006 and the more recent Law No. 24 of 2013 regarding population administration.
Shaping Artificial Intelligence Governance and Risk Management in the Public Sector: Regulatory Insights Gandung Troy Sulistyantoro; Akhsanul Khaq; Md Zubair Kasem Khan; Al Amin; Abdullah-Al-Monzur Hussain
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.261

Abstract

As AI continues to transform public services by enhancing efficiency, transparency, and decision-making, it also brings forth significant challenges related to data privacy and misuse. This research explores the intersection of risk management and AI governance within Indonesia's public administration, by conceptualizing how Indonesia's legal frameworks, regulations, and policies should evolve to accommodate AI technologies responsibly. The research employs a conceptual approach to analyze existing laws, including the Personal Data Protection Act and the Information and Electronic Transactions Law, alongside international best practices. The findings emphasize the need for a clear and cohesive regulatory framework that governs AI usage, with a focus on data privacy, ethical AI use, and transparency. It is concluded that Indonesia must strengthen its data protection laws, address the shortage of AI professionals, and improve infrastructure to ensure the responsible implementation of AI in public administration.
Ramifications of the ICC Arrest Warrant in Resolving the Israel-Palestine Conflict Ramisa Jahan
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.265

Abstract

The situation in Palestine was referred to the International Criminal Court (ICC) in 2015. This study highlights the various hurdles that remain ahead of the Court and argues that the key essence of international law is to ensure the harmonious coexistence of nations, while at the same time respecting states' sovereignty. The study employed a qualitative research and normative legal approach, relying on primary and secondary sources of international law. The study reveals that following the establishment of the Court's jurisdiction and upon conducting a thorough investigation, the Court affirmed the commission of war crimes by Israel, which fall within the ambit of the Rome Statute, thus allowing the Court to prosecute the war criminals. Consequently, in 2024, the Office of the Prosecutor (OTP) issued arrest warrants against Israeli and Hamas leaders. Despite the ICC having the mandate to try individuals for the alleged commission of international crimes, the enforcement of such arrests has often been a matter of speculation, since the ICC is encircled with numerous stumbling blocks in effectuating the arrests. The Court uses arrest warrants to pressure states to prosecute perpetrators domestically and avoid armed conflicts, as shown by urgent mediation and ceasefire proposals after the OTP announcement.

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