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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 183 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.

Page 19 of 19 | Total Record : 183

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