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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 176 Documents
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Human Rights Protection in Business Practices: Between Social Responsibility and Legal Compliance Tan, Winsherly; Wan Rosli, Wan Rosalili; Amboro, Yudhi Priyo; Mohd Bajury, Mimi Sintia; Gunawan, Elizabeth
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.293

Abstract

This study examines human rights protection in business practices in Indonesia, emphasizing the role of corporations in respecting, protecting, and redressing the rights of workers and communities. Although Indonesia has ratified international instruments such as the ICESCR and enacted sectoral laws such as Law No. 13 of 2003 concerning Manpower, Law No. 32 of 2009 concerning Environmental Protection, and the Job Creation Law, human rights violations remain rampant, including substandard wages, suppression of labor unions, violations of indigenous peoples' rights, and limited access to redress mechanisms. Using a normative-empirical approach, this study analyzes national laws and international standards through descriptive analysis. The findings indicate that wage and worker welfare policies serve as important indicators of respect for human rights, while corporate practices often prioritize economic efficiency over ethical obligations. This study underscores the urgent need to integrate the UN Guiding Principles on Business and Human Rights into Indonesia's legal framework.
Analyzing the Most-Favored Nation Treatment Principle: A Study of Malaysia’s Bilateral Investment Treaties and Their Implications Hossain, Mohammad Belayet
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.299

Abstract

This study critically examines the application of the Most-Favoured Nation (MFN) treatment principle within Malaysia’s Bilateral Investment Treaties (BITs) and its broader implications for investment governance. Drawing from doctrinal legal analysis and expert interviews, including insights from Professor Zakiri of Universiti Utara Malaysia, the research explores how MFN clauses influence Foreign Direct Investment (FDI), investor-state relations, and Malaysia’s regulatory sovereignty. The findings reveal significant inconsistencies and ambiguities in the interpretation of MFN clauses-particularly concerning their applicability to procedural rights such as dispute settlement. These gaps not only risk treaty shopping but also constrain Malaysia’s ability to enact public interest regulations in areas like health, environment, and taxation. The study recommends the development of a Model BIT that includes clearly defined MFN scopes, sustainable development carve-outs, and alignment with ESG principles. It advances the ongoing discourse on how to balance investor protection with space policy and provides practical suggestions for reforming Malaysia’s international investment treaty framework.
Strategic Lawsuit Against Public Participation (SLAPP) From Indonesian Law Perspective Vegatasia Soetiyono, Putri Mayessa; Estisari, Yunia; Raditya, Shambawa Dharma; Mandala, Samaya Dharma; Kustanto, Anto
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.296

Abstract

This study analyzes the practice of Strategic Lawsuits Against Public Participation (SLAPP) in Indonesia, highlighting national legal loopholes that enable strategic litigation to suppress public participation. The research’s novelty lies in a comprehensive evaluation of Indonesian legal provisions and the proposal of innovative legal strategies for prevention, including the integration of anti-SLAPP principles into non-sectoral procedural reforms. A normative juridical approach is combined with comparative methods, comparing anti-SLAPP practices in the United States and the United Kingdom to identify effective models of legal protection. Qualitative-descriptive data analysis, including the Bangka Belitung High Court decision Number 21/Pid/2021/PT BBL and PT KLM’s lawsuit against IPB academics, demonstrates that SLAPPs impose financial, psychological, and social burdens on activists, journalists, and civil society organizations. The strategy for preventing and handling SLAPPs must be holistic, encompassing the development of an anti-SLAPP bill, revisions to the criminal procedure code, strengthening the ITE Law and the public information disclosure law, and training judges to recognize indicators of strategic lawsuits.
Corporate Compliance with Net-Zero Target and Environmental Regulations: Lessons from South Korea for Indonesia Lisdiyono, Edy; Dhaneswara, Nindya; Budiharseno, Rianmahardhika Sahid
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.300

Abstract

This study examines corporate compliance with net-zero emissions targets and environmental regulations in Indonesia and South Korea, with the aim of exploring lessons Indonesia can apply from South Korea's experience. The study uses a comparative, descriptive qualitative approach, with data collected through a review of legal documents, government regulations, corporate reports, scientific journals, and international publications. The analysis focuses on comparing Indonesia's voluntary compliance system, which still relies on fiscal incentives and non-sanction evaluations, with South Korea's mandatory compliance system through the Framework Law on Carbon Neutrality and Green Growth and the Korea Emissions Trading Scheme (K-ETS). The results show that South Korea's success in encouraging corporate compliance with net-zero is supported by a binding legal framework, integrated ESG reporting, and digital emissions monitoring. Meanwhile, Indonesia is still in the policy commitment stage. The study recommends strengthening the net-zero legal framework, integrating ESG-based reporting systems.
Clanless Children and Inheritance in the Indigenous Batak Community: A Case Study of Supreme Court Decision No. 1537 K/Pdt/2012 Naiborhu, Yoshua Putra Dinata; Saraswati, Rika; Nurhayati, B. Resti; Boputra, Emanuel
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.287

Abstract

The Batak people adhere to a patrilineal family system where the family system is drawn from the paternal line. The status of a child without a surname has consequences for inheritance, so that the inheritance process for descendants who do not have a surname causes problems in the future. The purpose of this study is to determine children without a surname according to the provisions of the Batak traditional community and the legal consequences for children without a surname as heirs. The approach method in this paper is normative-empirical research. The results of the study indicate that children can be born without a surname due to parental marriages that violate Batak customs, or lose their surname due to removal by traditional elders due to actions that embarrass, threaten, or provoke the community. Furthermore, Supreme Court Decision Number 1537 K / Pdt / 2012 in its decision, even if the child does not have a surname, as long as it can be proven that the child is the biological child of the deceased parent (heir) then the child has the right to appear as an heir.
The Convergence of Classical Punishment in Money Laundering: Follow the Money Principle Using Blockchain Approach Efendi Lod Simanjuntak; Trinaili, Yuris; Purwono; Md Said, Muhamad Helmi
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.298

Abstract

The application of corporal punishment to criminals is crucial for ensuring justice and legal certainty, as well as maintaining public order. However, in law enforcement regarding money laundering, there has been a shift in focus to asset recovery, based on the “follow the money” principle, which prioritizes the recovery of the proceeds of crime over punishing the perpetrator. This approach has the potential to cause disruption, as recovery of losses should only occur after the perpetrator is found guilty under criminal law. In the absence of adequate asset recovery regulations, blockchain can be a solution to strengthen the asset recovery process. This technology provides transparency and accountability in tracking asset flows and ensures data permanence. Blockchain enables more efficient and secure asset recovery, supporting a faster recovery process, and reducing the potential for compromise. Reconciling asset recovery approaches with corporal punishment is crucial for creating a balance in the justice system that goes beyond maintaining peace.
Digital Democracy and Open Finance Technology: Advancing Transparency and Consumer Digital Rights Amboro, Yudhi Priyo; Peter Macnico; Winsherly Tan; Mimi Sintia Mohd Bajury
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.295

Abstract

This research explores the role of Open Finance in strengthening Indonesia’s digital democracy, with a focus on transparency, digital consumer rights, and data oversight. While Open Finance has the potential to increase financial inclusion through the integration of alternative data for marginalized groups, such as MSMEs and rural communities, the practice of massive data sharing risks threatening democratic principles, such as data being vulnerable to mass surveillance, algorithmic discrimination, and weak regulatory accountability. A comparative analysis of the UK (CMA Order) and Australian (Consumer Data Rights) regulatory models highlight the importance of algorithmic transparency, granular consumer control over data, and public participation mechanisms in policymaking. In Indonesia, the suboptimal implementation of the Personal Data Protection Law (PDP Law), the digital literacy gap, and disparities in technological infrastructure are key challenges.
Environmental Management and Justice System in Bangladesh: Issues and Legal Framework Abdullah-Al-Monzur Hussain; Md Hasnath Kabir Fahim; Ramisa Jahan
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.304

Abstract

This paper presents environmental justice in Bangladesh, which is connected with the human development, implementation, and enforcement of environmental laws, regulations, and policies. Environmental justice is essential for human rights, which affects human lives as well as the sustainable development of the country. Environmental justice ensures all people’s enjoyment of human rights, economic development, and health protection; above all, a healthy environment for life. Various environmental issues like global warming, overpopulation, waste disposal, ocean acidification, loss of biodiversity, and deforestation are harmful to human lives. The environmental problems in Bangladesh are climate change, cyclones, floods, drought, earthquakes, riverbank erosion, air pollution, water pollution, soil pollution, noise pollution, etc.
Criminal Law Policy on Carding in Indonesia: Addressing Legal Certainty and Regulatory Fragmentation Frensh, Wenggedes; Zulyadi, Rizkan; Dhaneswara, Nindya
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.316

Abstract

This study examines the adequacy of legal regulations governing credit card misuse (carding) in cyberspace in Indonesia and their implications for legal certainty and law enforcement effectiveness. Using a normative juridical method, it analyzes key statutes, including Law No. 1 of 2024 (EIT Law amendment), Law No. 27 of 2022 on Personal Data Protection, and Law No. 1 of 2023 on the Criminal Code, supported by conceptual and doctrinal approaches. The findings show that, although these regulations provide a general framework for addressing cybercrime, they remain fragmented and do not explicitly regulate carding as a distinct offense. This gap weakens legal certainty and limits effective enforcement. Two main issues are identified: the absence of specific criminal norms on carding and the lack of harmonization across criminal, cyber, and data protection laws. Current legal policy is also predominantly repressive, with limited preventive and victim-oriented measures.
Legal Implications of Autonomous Warships under UNCLOS: Navigating Definitional Gaps in International Maritime Law Yudhistira, Afiat; Oktivana, Davina
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.289

Abstract

Rapid technological advancements have outpaced legal frameworks in regulating autonomous warships, as United Nations Convention on the Law of the Sea (UNCLOS) human-centered definition fails to accommodate crewless or semi-autonomous vessels in modern naval operations. This study examines the legal implications of this definitional gap and explores how international law might evolve to address the governance of autonomous warships. Key issues include sovereignty, accountability, and compliance with existing maritime and wartime legal norms, such as whether a fully autonomous vessel can qualify as a warship under UNCLOS and what responsibilities states bear for their actions in conflict scenarios. Using a normative legal research design with doctrinal and conceptual approaches, the study analyzes UNCLOS, COLREGs, and SOLAS, employing deductive and analogical reasoning to compare autonomous vessels with technologies like remotely piloted UAVs. Autonomous warships do not fully qualify as warships under UNCLOS due to the absence of human command and crew, leading to ambiguities in liability, navigation compliance, cybersecurity risks, and humanitarian duties. However, remote operation and flag state discretion may allow classification, highlighting gaps in existing frameworks.

Page 17 of 18 | Total Record : 176

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