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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 166 Documents
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Regulatory Harmonization of Academic Freedom Provisions in the National Education System Lubis, Brian Bottor; Kartika, Adhitya Widya
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.266

Abstract

This research examines the inconsistencies in the provisions of Article 24 of Law Number 20 of 2003 on the National Education System and the implementation of Government Regulation Number 57 of 2021 concerning academic freedom and higher education autonomy. Despite the legal framework’s intent to promote academic freedom and autonomy, the absence of references to Article 24 in the preamble of the regulation creates disharmony, leading to legal uncertainty and confusion. The research aims to assess the legal impact of these inconsistencies on Indonesia’s national education policies and practices. Using a normative legal methodology, the study employs a legislative approach and analyzes the legal hierarchy to evaluate the alignment of laws and regulations. The analysis reveals that the failure to include Article 24 in the considerations of Government Regulation Number 57/2021 violates the principle of legal hierarchy and undermines the effectiveness of the law. This disharmony results in legal confusion, inconsistent law enforcement, inefficiency in policy implementation, and a potential decline in the quality of education. The study suggests several solutions, including judicial review, revision of laws, and improved harmonization strategies.
Emerging Trends in Rural Governance: A Bibliometric Analysis of Policies and Strategies for Developing Underprivileged Villages Susanto, Yandri; Suwarno, Suwarno; Hutahayan, Benny
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.270

Abstract

This study investigates emerging trends in rural governance, focusing on policies and strategies for the development of underprivileged villages. A bibliometric analysis of relevant publications from 2020 to 2024 was conducted to identify key patterns and trends in rural governance research. The findings highlight the significance of decentralization, community empowerment, and participatory governance in enhancing rural development. Key challenges, such as poverty, geographic isolation, and limited infrastructure, are emphasized as barriers to sustainable growth in underprivileged villages. The study also explores the role of leadership, stakeholder engagement, and digital technologies in improving governance capacity. A holistic approach integrating evidence-based policy-making, local community involvement, and technological advancements is recommended to address these challenges. The research offers insights into the global context of rural governance, with Indonesia emerging as a key focus for development strategist.
Repositioning the Tax Court Within Indonesia’s Constitutional Framework: Judicial Independence and Institutional Reform Setiyaji, Gunawan; Abdillah, Ali
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.273

Abstract

The 1945 Constitution of the Republic of Indonesia serves as the highest legal foundation, outlining state objectives and the role of judicial institutions. However, the Tax Court, established under Law No. 14 of 2002, lacks explicit constitutional recognition, unlike the Administrative Court (PTUN), which is regulated under Law No. 51 of 2009. This study examines the need to reposition the Tax Court within the Indonesian judicial system, aligning it with Article 24 paragraph (2) of the 1945 Constitution to ensure judicial independence and consistency. Using a normative-empirical legal approach, the research integrates legal rules, principles, and doctrinal analysis with an evaluation of legislative ethics. Data sources include primary legal materials (Constitution, taxation laws, and judicial power laws), secondary materials (books, journals, articles), and tertiary references (legal dictionaries, encyclopedias). Data collection methods encompass observation, interviews, and documentation, analyzed through qualitative normative methods to provide holistic and contextual solutions. The findings highlight the necessity of repositioning the Tax Court under the Supreme Court to enhance judicial independence, as current oversight by the Ministry of Finance and the Supreme Court undermines its effectiveness. Additionally, amendments to Article 24 paragraph (2) of the 1945 Constitution are proposed to separate the Tax Court from the PTUN, improve legal certainty, and ensure a more effective and equitable tax adjudication system. This reform is crucial for strengthening Indonesia’s judicial framework and upholding the rule of law.
Legal Implications of the Merauke Food Estate: A Critical Analysis of Customary Rights and Environmental Concerns Yuwono, Finda Pratiwi
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.274

Abstract

The Food Estate program in Merauke, part of Indonesia's National Strategic Project (PSN), aims to enhance food security through large-scale land management. However, its implementation has faced significant criticism for disregarding the Free, Prior, and Informed Consent (FPIC) principle, leading to violations of the rights of Indigenous Peoples and severe environmental degradation, including extensive deforestation. The involvement of military personnel in facilitating the program further complicates the situation, drawing international scrutiny, particularly in light of Indonesia's participation in COP29. This study employs a normative legal research method with a qualitative approach, analyzing secondary data from various sources, including laws, regulations, books, journals, and online resources. The findings reveal that the Merauke Food Estate program exhibits substantial flaws in planning and execution, neglecting sustainable development principles and the FPIC standard. The study also suggests that conflict resolution mechanisms, such as class action lawsuits, could be a viable solution, provided these processes are grounded in FPIC principles and actively involve MHA to ensure equitable outcomes for affected communities.
Legal Risks in Co-Working Spaces and Consumer Protection Challenges in Custody Agreements and Cybersecurity Duana, Amelia Firdausa; Sihombing, Septian Oloan; Ashari, Ashari; Hetiyasari, Hetiyasari
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.277

Abstract

This study examines the legal challenges and gaps in consumer protection related to custody agreements in co-working spaces in Indonesia. With the growing popularity of co-working spaces, consumers face significant issues such as the burden of proof in cases of lost or stolen items, unreasonably low compensation limits, and a lack of awareness about their legal rights. Existing legal frameworks, including Law No. 8/1999 on Consumer Protection (UUPK) and the Indonesian Civil Code (KUHPerdata), provide basic consumer rights but fail to address emerging risks such as cybersecurity threats, data protection, and complex service contracts in the co-working space context. Through a normative legal research methodology, this study analyzes the adequacy of current laws and proposes specific reforms to enhance consumer protection. It recommends updates to the UUPK, including clear guidelines on physical and digital security, consumer contract transparency, and liability for loss or damage, particularly concerning digital goods. The study also suggests strengthening dispute resolution mechanisms, incorporating modern technologies like biometric identification and blockchain for improved security and transparency, and establishing industry-wide standards. Lastly, it emphasizes the importance of consumer education and advocacy to ensure that users are aware of their rights. By implementing these recommendations, Indonesia can ensure a more secure and equitable co-working space environment.
Strengthening Legal Safeguards for Indonesian Migrant Workers Against Human Trafficking Sukman; Parmono, Budi; Hidayati, Rahmatul
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.278

Abstract

Legal protection for Indonesian Migrant Workers plays an important role in efforts to combat human trafficking, which is still a serious problem in the world. This study examines various regulations related to Indonesian Migrant Worker policies and criminal sanctions for perpetrators of human trafficking. This study uses a normative legal method by examining various sources of law, both national law and international agreements such as the Palermo Protocol. The results of the study show that Indonesia has ratified various major international conventions and has passed Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law Number 21 of 2007 concerning the Eradication of Human Trafficking. These laws provide strong protection for migrant workers from the conservation, placement, and post-placement stages, and provide severe penalties for perpetrators of human trafficking. However, despite these various legal efforts, there are still many problems in law enforcement. This is reflected in the increasing cases of Human Trafficking, with 2,149 victims rescued in 2023. The study highlights the urgent need for better oversight, stricter conservation rules, and stronger law enforcement to prevent, cover and protect migrant workers.
Analysis of Consumer Rights Protection Against the Misuse of Personal Data in Fintech Services Putri, Bintang Mahacakri Lisan; Rohaini; Nhung, Pham Hong; Putri, Ria Wierma
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.286

Abstract

The implementation of personal data protection regulations in the Indonesian fintech sector, specifically Law Number 27 of 2022 concerning Personal Data Protection and Financial Services Authority Regulation Number 77 of 2016, shows significant progress in implementing a comprehensive legal framework. This framework adopts international standards such as the General Data Protection Regulation, is supported by the establishment of a Personal Data Protection Agency, and mandates reporting of data breach incidents. However, covering personal data remains a serious threat, resulting in financial losses, psychological distress, and reputational damage for consumers. This highlights the challenges in consistent law enforcement, low digital literacy among the public, and the need for wider implementation of advanced security technologies. To improve legal protection, it is important to strengthen oversight and law enforcement mechanisms, improve digital literacy among the public through continuing education, mandate the implementation of advanced security technologies by fintech providers, and regulate reporting and complaint mechanisms.
The Legality of the Surrogate Mother Agreement Reviewed from Indonesian Civil Law I Wayan Suryadi, Yohanes; Mahendra Wati, Ni Luh Made; Wesna Astara, I Wayan; Bagus Suryawan, I Gusti; Kosasih, Johannes Ibrahim
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.279

Abstract

This research explores the legality of surrogate mother (uterus rental) agreements under Indonesian civil law, particularly given the absence of clear regulations governing such arrangements. The study aims to examine both the legal status of surrogate mother agreements and the legal status of children born through surrogacy, based on the provisions of the Indonesian Civil Code. This is a normative legal study employing a statutory approach, with secondary data collected through literature review and analyzed using descriptive-analytical methods. The findings indicate surrogate mother agreements are not legally valid under Indonesian civil law, as they fail to meet the essential requirements for a valid contract. The legal status of children born from such agreements depends on specific conditions. If the intended (biological) parents wish to establish a legal relationship with the child, they must go through an adoption process. Furthermore, the marital status of the surrogate mother determines the child’s legal status: (a) if the surrogate mother is legally married, the child is presumed to be the legitimate child of the surrogate and her spouse; (b) if the surrogate mother is unmarried or widowed, the child is considered to be born out of wedlock.
Legal Effectiveness of E-Litigation Implementation on Case Settlement: Evidence from the Malang City Religious Court Supriadi; M. Muhibbin; Suratman
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.281

Abstract

This study discusses the effectiveness of the implementation of Supreme Court Regulation Number 1 of 2019, as amended by Supreme Court Regulation Number 7 of 2022, concerning Case Administration and Trials in Courts Electronically (e-Litigation). The research focuses on case settlement at the Malang City Religious Court. Using an empirical juridical approach, this study examines the implementation of e-Litigation before and after the regulatory changes, along with the obstacles encountered and efforts made for improvement. The findings indicate that the implementation of e-Litigation has had a positive impact by simplifying processes, improving time efficiency, reducing litigation costs, and enhancing transparency. However, challenges such as limited public understanding of digital systems, inadequate infrastructure, and legal cultural barriers still hinder full effectiveness. Based on the theory of legal effectiveness, the implementation of e-Litigation in Malang City shows a promising direction of development, although it is not yet fully optimal. Strengthening public education, increasing digital legal literacy, and adapting community legal culture are necessary to ensure that the system can operate more efficiently and accountably.
Legal Responsibility for Medical Risks, Medical Errors, and Malpractice in Health Services Arimbi, Diah
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.283

Abstract

Disputes in medical care are often difficult to resolve due to the legal, ethical, and complex aspects of proving the case. It is not uncommon for medical procedures that do not meet patients' expectations to be attributed to medical error, when in fact they may be caused by unavoidable medical risks. This study aims to assess and differentiate between medical risks, medical errors, and malpractice, and to understand their legal liability. The method used is a normative-juridical approach with descriptive-analytical specifications. Data were collected through literature review and analyzed qualitatively and normatively. The results indicate that medical risks are part of healthcare services that may be unavoidable, unlike medical negligence, which involves an element of error. While medical errors and malpractice have fundamental differences, in legal practice, they are often difficult to distinguish. Medical errors are unintentional mistakes, while malpractice involves negligence or disregard for professional standards. A clear understanding of these three concepts is crucial to prevent the criminalization of medical personnel who work according to procedures and to provide balanced legal protection for patients and healthcare providers.

Page 16 of 17 | Total Record : 166

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