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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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Supervision of the Notary Supervisory Board on the Use of First Copies as a Substitute for Minutes of Deeds Iriantoro, Agung; Novilawati, Rizka; Aidonojie, Paul Atagamen; Galchynsky, Leonid Juryi
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.305

Abstract

The notary public is a government official who bears a significant responsibility in the drafting and safekeeping of the original draft of an authentic deed. However, in practice, there are still notaries facing the loss or damage of such original drafts, which potentially undermines the integrity of legal evidence and the trust of the parties involved. This study employs a normative legal research method, utilizing an analytical approach with primary and secondary legal materials, focusing on statutory regulations. The research findings demonstrate that the Supervisory Council of Notaries carries a substantial responsibility in overseeing the issuance of replacement minutes to ensure that this process does not raise any legal uncertainties and continues to safeguard the document’s security. The comprehensive supervision by Supervisory Council of Notaries involves validating the authenticity of the copied document, assessing procedural propriety, issuing recommendations, and making administrative decisions. Furthermore, the status of the first copy used as a basis for issuing an authentic replacement minute holds an equivalent legal standing to the original minuta, contingent upon compliance with formal requirements stipulated in Article 1888 of the Civil Code (BW) and under stringent supervision by Supervisory Council of Notaries.
International and Regional Agreements and the Evolution of Consumer Protection in Cross-Border E-Commerce: Indonesia Within ASEAN Prabowo, M. Shidqon; Teeraphan, Papontee
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.311

Abstract

This study examines the role of international and regional agreements in shaping Indonesia’s consumer protection framework in cross-border e-commerce, with particular reference to the Association of Southeast Asian Nations (ASEAN). It addresses three key issues: the extent to which such agreements influence normative legal development, how far these commitments are implemented domestically, and what gaps persist between legal harmonization and practical enforcement. Using a normative juridical (doctrinal) approach, the study analyzes Indonesian laws alongside regional instruments such as the ASEAN Agreement on E-Commerce, the findings indicate that ASEAN frameworks significantly contribute to regulatory alignment, promoting harmonization, cooperation, and the adoption of international best practices. However, this alignment remains largely formal. Substantial gaps persist in enforcement, particularly in relation to standard-form contracts, jurisdictional uncertainty, institutional limitations, and the underdevelopment of online dispute resolution mechanisms. The study concludes that effective consumer protection requires not only legal convergence but also stronger institutional capacity, clearer private international law rules, and integrated dispute resolution systems. Bridging the gap between normative commitments and practical implementation is essential for ensuring meaningful consumer protection in Indonesia’s evolving digital economy.
Strengthening the Gatekeeper Function of Banks: The Role of KYC in Anti-Money Laundering Legal Framework Simanjuntak, Efendi Lod; Jha, Gautam Kumar
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.320

Abstract

This study critically examines the role of Know Your Customer (KYC) compliance within Indonesia’s anti-money laundering and counter-terrorism financing (AML/CFT) framework. Employing a normative juridical approach, the research analyzes key regulatory instruments, including Law Number 8 of 2010, POJK Number 12/POJK.01/2017, and the institutional role of PPATK, alongside relevant legal doctrines and international standards, particularly those of the Financial Action Task Force (FATF). The study addresses three core issues: the structuring of KYC obligations within Indonesia’s legal framework, the implementation of KYC principles by financial institutions as part of risk management strategies, and the challenges encountered in practice. The findings demonstrate that KYC functions as a central legal and operational instrument, enabling customer identification, transaction monitoring, and reporting of suspicious activities, thereby reinforcing the banking sector’s role as a gatekeeper in preventing financial crimes. However, its effectiveness is constrained by data quality issues, technological limitations, uneven institutional capacity, and increasingly sophisticated laundering techniques. The study concludes that strengthening regulatory enforcement, enhancing technological adoption (including RegTech and AI), and improving inter-agency coordination are essential to optimize KYC effectiveness.
Liability for Unlawful Acts Under the Business Judgment Rule and Piercing the Corporate Veil Doctrine Syafitri, Isdiana; Chairi, Zulfi
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.323

Abstract

The Board of Directors, as an organ of a limited liability company, holds full authority and responsibility in managing the company’s affairs. Nevertheless, in carrying out their duties, directors not infrequently commit unlawful acts that result in losses to the company as well as to third parties. This study aims to examine the concept of directors’ liability for losses suffered by a limited liability company caused by unlawful acts, the limits of such liability, and the available legal protection mechanisms. Employing a normative legal research method, this study finds that Law No. 40 of 2007 on Limited Liability Companies explicitly regulates the principles of fiduciary duty and the business judgment rule as the basis for evaluating directors’ liability. Directors may be held personally liable if it is proven that their actions constitute unlawful acts carried out in bad faith or due to negligence. The principle of piercing the corporate veil serves as a legal instrument that enables the disregard of the company’s separate legal personality in order to impose direct liability upon the directors.
Investor Protection and Legal Enforcement: Defaults and Digital-Age Illegal Investments Krisharyanto, Edi; Salviana, Fries Melia
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.324

Abstract

This paper examines the current landscape of investor protection and legal enforcement in Indonesia, focusing on the rising prevalence of default cases and illegal investment schemes. As the Indonesian capital market expands, retail investors remain vulnerable to fraudulent financial products and contractual breaches. Using normative legal analysis combined with case studies of recent high-profile defaults, this research evaluates the effectiveness of the Financial Services Authority (OJK) and the existing regulatory framework in providing legal certainty. The findings suggest that although Indonesia has established comprehensive regulations, enforcement mechanisms remain inconsistent. Bureaucratic complexities and the absence of integrated digital monitoring often weaken implementation. The study also highlights challenges in asset recovery for victims of illegal investments, where legal proceedings frequently fail to restore financial losses. Strengthening investor protection requires more rigorous supervision, swifter judicial action, and greater public financial literacy to mitigate the impact of “shadow banking” and unauthorized investment entities.
Force Majeure and Credit Restructuring: A Doctrinal Perspective on the Resolution of Non-Performing Loans Caused by Natural Disasters Tarmizi, Tarmizi; Dewi, Atika Sandra
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.326

Abstract

This study analyzes the legal relationship between force majeure and credit restructuring in Indonesia, particularly in addressing non-performing loans (NPLs) caused by natural disasters. It examines how force majeure is applied in credit agreements and how credit restructuring serves as a legal and financial mechanism to manage disaster-related credit distress. Using a doctrinal legal approach, the study reviews statutory provisions, banking regulations, and relevant literature, including Articles 1244 and 1245 of the Indonesian Civil Code and OJK Regulation No. 40/POJK.03/2019. The findings indicate that although Indonesian law recognizes natural disasters as potential force majeure events, their application in credit agreements is not automatic. Debtors must prove a direct causal link between the disaster and their inability to perform contractual obligations, which often leads to legal uncertainty and inconsistent interpretation. At the same time, credit restructuring, through rescheduling, reconditioning, and restructuring, provides a more practical response to financial distress. However, it operates separately from the force majeure doctrine, resulting in limited legal integration. The study also highlights that credit restructuring thus plays a dual role: supporting financial system stability and contributing to socio-economic recovery, particularly for micro, small, and medium enterprises.

Page 18 of 18 | Total Record : 176

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