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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 190 Documents
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The Principle of Tax Justice and its Challenges in QRIS-Based Digital Economic Transactions Lilisen Lilisen; Ainul Masruroh; Anto Kustanto
Lex Publica Vol. 13 No. 1 (2026):
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.1.2026.337

Abstract

The rapid expansion of QRIS-based digital transactions has reshaped Indonesia’s payment ecosystem and integrated electronic transaction data into tax administration. This transformation enhances fiscal efficiency and transparency but raises concerns about tax justice, proportionality, legal certainty, and taxpayer rights. Existing studies emphasize modernization and revenue optimization, yet the normative implications of QRIS for justice remain underexplored. This study applies a normative legal method using statutory, conceptual, and analytical approaches to evaluate juridical dynamics of QRIS-based taxation. Findings reveal three issues: first, regulations prioritize efficiency and supervision over proportional burdens; second, disparities arise from inconsistent frameworks and unequal treatment of digital versus conventional actors; third, taxpayer rights are vulnerable due to limited safeguards for privacy, fairness, and certainty. The study contributes to adaptive digital tax law by stressing regulatory harmonization that balances efficiency with proportionality, equality, and protection of taxpayer rights.
Market Dominance and Law Enforcement under Indonesian Competition Law: An Analysis of Law No. 5 of 1999 Abdul Kamid; Dadi Susilo; Kristanto Kristanto; Lukman Matnudin; Anto Kustanto
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.340

Abstract

Indonesian competition law plays a vital role in preventing monopolistic practices and ensuring fair competition. Yet, the rise of the digital economy, shifting market structures, and persistent enforcement challenges have complicated regulation of market dominance. This study analyzes the main provisions of Law Number 5 of 1999, examines the concept of market dominance, and evaluates enforcement mechanisms. Using a normative legal research method with statute, conceptual, and doctrinal approaches, data were collected from legislation, KPPU regulations, and academic literature. Findings show that Indonesian competition law applies a rule of reason, targeting abuse of dominant positions rather than dominance itself. Market dominance is assessed through indicators such as market share, control of essential facilities, barriers to entry, exclusionary conduct, and independence from competitive pressures. KPPU plays a central role despite institutional and evidentiary limitations. This research contributes to competition law scholarship and offers concise policy recommendations to strengthen enforcement in the digital era.
Legal Certainty in the Execution of Mortgage Rights for the Settlement of Non-Performing Loans Atika Sandra Dewi; Rianmahardhika Sahid Budiharseno
Lex Publica Vol. 13 No. 1 (2026):
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.1.2026.342

Abstract

Legal certainty in the execution of Mortgage Rights is essential for protecting creditors and ensuring the effective resolution of non-performing loans (NPLs) in Indonesia. Although Law No. 4 of 1996 concerning Mortgage Rights (UUHT) provides a comprehensive legal framework for secured lending, its implementation continues to encounter significant legal and institutional challenges. This study aims to examine the extent to which the existing legal framework ensures legal certainty, identify the doctrinal, procedural, and institutional barriers affecting Mortgage Rights execution, and propose legal reforms to improve its effectiveness. The research employs normative legal research using statutory, conceptual, and case approaches. Legal materials were collected through library research and analyzed qualitatively using statutory interpretation, comparative analysis, and source triangulation. The findings indicate that the UUHT establishes a coherent framework through the principles of speciality, publicity, droit de préférence, and droit de suite, supported by executorial title, parate executie, and private sale mechanisms. However, inconsistent judicial interpretation, procedural complexity, fragmented institutional coordination, and incomplete digital implementation continue to undermine effective execution and legal certainty. As the principal contribution, this study proposes an Integrated Legal Certainty Model that combines normative harmonization, judicial consistency, institutional coordination, digital mortgage integration, and balanced creditor-debtor protection.
Executive-Dominated Legislation and the Rule of Law in Indonesia’s Presidential System Isnu Harjo Prayitno; Fikri Jamal; Gautam Kumar Jha
Lex Publica Vol. 13 No. 1 (2026):
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.1.2026.368

Abstract

The separation of powers in a democratic state governed by the rule of law places the legislature in an important position to ensure accountability and limit executive power. Although the constitutional amendments of 1999-2002 aimed to strengthen the legislative role of the House of Representatives (Dewan Perwakilan Rakyat or DPR), the law-making process in Indonesia still reflects substantial executive influence over the formulation of legal norms. This study aims to analyze the structural causes of this phenomenon and evaluate its implications for the principle of the democratic rule of law. Using normative legal research methods, this study applies statutory, conceptual, and case approaches. It examines the phenomenon through a combined framework that integrates the formal concept of rechtsstaat (the rule of law) with democratic legitimacy through meaningful participation. The study finds that executive dominance is supported by Indonesia’s multiparty presidential system, oversized governing coalitions, and broad delegation of authority. These factors reduce the legislative role to a procedural formality and weaken both the limitation of power and meaningful participation, as confirmed by the Constitutional Court’s decision declaring the Job Creation Law conditionally unconstitutional. This study concludes that restructuring executive-legislative relations within a constitutional framework is essential to prevent formal legality from becoming a tool that undermines democracy.
Criminalization of Prostitution Clients and Recommendations for Legal Reform in Indonesia Ratih Mega Puspa Sari; Lusiana Margareth Tijow
Lex Publica Vol. 13 No. 1 (2026):
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.1.2026.379

Abstract

The phenomenon of prostitution in Indonesia is not merely a moral issue but also a legal one, given that criminal liability disproportionately targets sex workers and procurers, while the users of such services (clients) largely evade accountability. This creates a justice gap and an imbalance within the criminal liability system. This study aims to analyze the normative basis and the urgency of criminalizing the users of prostitution services, as well as to formulate a direction for criminal law reform in Indonesia. The research employs a juridical-normative methodology, utilizing statutory, conceptual, and comparative legal approaches. The findings indicate that criminal law reform must address the clarity of the definitions of criminal offenses, the proportionality of sanctions, and the protection of sex workers who are subjected to exploitation. In this context, the “Nordic Model” serves as a relevant point of comparison, as it focuses on penalizing the purchasers of sexual services without criminalizing the act of selling such services by sex workers. Consequently, criminal law reform should be directed toward evaluating and refining the provisions within the Criminal Code and related regulations, while upholding legal certainty, and substantive justice.
State Legal Response to Sectarian Conflict and The Protection of The Shia Community: The Sampang Case Abdul Chair Ramadan
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.383

Abstract

The religious conflict involving the Shia community in Sampang, East Java, illustrates the complex interplay between freedom of religion, human rights protection, and the state’s obligation to address communal violence. This study aims to analyze Indonesia’s legal framework regarding the protection of the Shia community and to evaluate the state’s legal response to the Sampang conflict considering principles concerning freedom of religion and human rights. Employing a normative-juridical method, the study utilizes both statutory and case-based approaches. Legal materials are analyzed through a descriptive-analytical lens, linking legal provisions on religious freedom, human rights, and social conflict management to the dynamics of the conflict involving the Sampang Shia community. The analysis reveals that Indonesia possesses a robust normative foundation, anchored by the 1945 Constitution, Law No. 39 of 1999 on Human Rights, and Law No. 7 of 2012 on Social Conflict Management. However, the implementation of this framework faces challenges regarding effective protection, equitable law enforcement, prolonged displacement, and the restoration of victims’ rights. Consequently, the state’s response must move beyond merely halting violence toward ensuring substantive protection, rights restoration, and equal guarantees of religious freedom. The Sampang case highlights a gap between normative legal guarantees and the substantive realization of rights protection.
Alternatives to Imprisonment: Toward Humanistic and Effective Criminal Justice Reform Christina Maya Indah Susilowati; Eric Sanjaya Darmawan; Andesti Akerina
Lex Publica Vol. 13 No. 1 (2026):
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.1.2026.339

Abstract

The increasing reliance on imprisonment has raised concerns regarding prison overcrowding, the limited effectiveness of short-term incarceration, and the need to strengthen human rights and rehabilitation within criminal justice systems. This study examines the philosophical foundations of sentencing and judicial discretion, the development of alternative sanctions and the double track system, and the objectives of punishment from national and international perspectives. Employing a doctrinal legal method with statutory and conceptual approaches, the study analyzes primary and secondary legal materials through qualitative legal analysis. The findings indicate a shift toward a more balanced sentencing framework that integrates rehabilitation, social reintegration, restorative justice, proportionality, and social protection. Non-custodial measures, including fines, supervision, community service, rehabilitation, and restorative justice, provide mechanisms for reducing unnecessary reliance on imprisonment while maintaining offender accountability. International standards, particularly the Tokyo Rules, reinforce the principle of individualized and proportionate use of non-custodial measures. The study argues that effective sentencing reform requires not merely expanding alternatives to imprisonment but integrating them within a coherent philosophy of punishment, judicial discretion, institutional capacity, and human dignity.
The Application of the First-to-File Principle in Trademark Protection: A Juridical Analysis Bobby Adhityo Rizaldi; Yuliasara Isnaeni
Lex Publica Vol. 13 No. 2 (2026)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.2.2026.367

Abstract

Legal protection of protection in Indonesia follows a constitutive registration system based on the first-to-file principle, but its application may conflict with actual use, good faith, and ownership of similar marks. This study aims to examine the application of the first-to-file principle in Indonesia’s trademark protection system through an analysis of Decision Number 79/Pdt.Sus-HKI/Merek/2024/PN Niaga Jkt.Pst. and to evaluate the judicial considerations applied by the panel of judges based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This study employs a normative juridical method using statutory and case approaches. Legal materials were obtained through literature studies involving primary, secondary, and tertiary sources and analyzed qualitatively using descriptive-analytical methods. The findings reveal that although the first-to-file principle remains the primary basis for trademark ownership, its application is not limited to formal registration requirements. In the examined case, the Court considered continuous commercial use, evidence of trademark exploitation, and the absence of bad faith in determining the validity of trademark protection. The deletion claim was rejected because the Plaintiff failed to prove five years of non-use under Article 74. This study concludes that, first-to-file must consider actual use and good faith to balance legal certainty and fair trademark protection.
Critical Analysis of Riverbank Control Governance in Tukad Badung, Bali: An Environmental Law Perspective I Gusti Bagus Suryawan; I Gusti Ngurah Muliartha; Putu Kharisa
Lex Publica Vol. 13 No. 1 (2026):
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.1.2026.372

Abstract

This study examines the legal protection and implementation of riverbank control in Indonesia, with particular focus on the Tukad Badung riverbank in Bali. The study aims to analyze how riverbank protection is constructed within Indonesia’s environmental, water-resource, and spatial-planning framework and to identify the main implementation challenges affecting its effectiveness. The study uses a socio-legal approach combining normative legal analysis with empirical examination of riverbank management and governance practices. The findings show that Indonesia has a broad legal framework for riverbank protection, covering constitutional principles, environmental law, water-resource regulation, river boundaries, spatial planning, environmental quality standards, and administrative enforcement. However, the main challenge is an implementation gap rather than a regulatory vacuum. In Tukad Badung, this gap is reflected in inconsistent control of existing land uses, fragmented institutional responsibilities, limited continuous supervision, reactive enforcement, socio-economic pressures, limited community participation, and weak integration with wider watershed and urban environmental management. The study highlights the need for coordinated regulatory implementation through clear institutional responsibilities, continuous preventive supervision, fair enforcement, and meaningful community participation. Riverbank control should also integrate drainage, waste management, water-quality protection, flood management, and urban development policies to strengthen accountable and sustainable riverbank governance.
The Legal Status and Consequences of Childfree Clauses in Marriage Agreements: Between Contractual Autonomy and Family Values Yuliasara Isnaeni; Pratiwi Noviyanthi
Lex Publica Vol. 13 No. 1 (2026):
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.1.2026.374

Abstract

Childfree decisions have become increasingly debated in Indonesia, particularly when incorporated as clauses in marriage agreements. This study examines the legal status and consequences of childfree clauses under Indonesian civil and family law, focusing on contractual autonomy, reproductive rights, and family values. Using a normative legal method, this study employs statutory and conceptual to examine the validity and legal consequences of childfree clauses in marriage agreements. The findings show that childfree clauses may be included in marriage agreements as an expression of contractual autonomy, but their validity and enforceability are subject to legal and ethical limitations. Although such clauses may satisfy the formal requirements of contractual validity, reproductive decisions remain closely connected to personal rights and cannot be enforced through conventional contractual remedies. Moreover, Indonesian marriage law recognizes broader religious, moral, and social dimensions of marriage, which limit unrestricted contractual freedom. Consequently, violations of childfree clauses are more likely to generate social and relational consequences than direct legal sanctions. The study argues that childfree clauses should be understood primarily as expressions of mutual commitment rather than absolute reproductive obligations. A balanced legal framework is therefore needed to accommodate contractual autonomy while protecting reproductive rights and respecting family values.

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