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Abdul Kadir Jaelani
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INDONESIA
Journal of Sustainable Development and Regulatory Issues
Published by Lembaga Contrarius Indonesia
ISSN : 29878071     EISSN : 29878063     DOI : https://doi.org/10.53955/jsderi.v1i2
Core Subject : Health, Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Public Health
The Journal of Sustainable Development and Regulatory Issues (JSDERI) focuses on the field of sustainable development and law studies at global, national, regional, and local levels worldwide. The journal addresses specific issues on energy, environmental design and planning, environmental management, spatial planning, environmental planning, environmental management and sustainable development integrated way and accordance with the principles of Regulatory Issues. In addition, JSDERI also covers legal research in waste management, air, water and soil pollution, rural planning, urban planning, regional economics, methods of enforcement, government tort liability, freedom of information, and state finance, and legal justice. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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Delayed Justice in Protecting Emergency Medical Workers Mashdurohatun, Anis; I Made Dwi Jayantara; Rudi Iskandar; Suroto; Ahmed Rabie
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.116

Abstract

Despite recent legal provisions to protect emergency medical personnel in Indonesia, many still face criminal, civil, or administrative sanctions, revealing gaps in the current law’s effectiveness this study uniquely analyzes and proposes reconstructive reforms based on justice principles. This study employs a descriptive-analytical method within a constructivist paradigm and socio-legal approach, integrating Islamic and Pancasila justice as grand theories, legal systems theory as a middle-range framework, and theories of legal protection and progressive law as applied perspectives to comprehensively analyze emergency medical personnel’s legal protection. The findings reveal several key weaknesses. First, at the substantive level, vague and ambiguous legal norms result in inconsistent court decisions regarding the liability of medical personnel during emergency services. Second, at the structural level, disciplinary and ethical institutions lack assertiveness and clarity in enforcing professional accountability. Third, at the cultural level, crucial values such as patient safety, autonomy, and a culture of apology have not been fully embedded in medical practice. To address these problems, the study proposes a reconstruction of the legal framework by promoting centralized responsibility, expanding immunity protections for emergency actions, extending procedural time limits, and recognizing the role of unified professional organizations. These reforms aim to ensure effective and just legal protection for medical personnel.
Integrating Miranda Rights to Promote Human Rights Compliance Saraswati, Sekarwangi; Olim Narzullayev
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.94

Abstract

Despite the Indonesian Constitution recognizing the rule of law and Indonesia’s ratification of several international human rights treaties, the actual protection of suspects’ rights within criminal proceedings remains weak, largely because the provisions are declarative and poorly enforced. This research examines the possibility of incorporating Miranda Rights into the Indonesian legal framework as a means to improve adherence to global human rights standards. The research applies a normative juridical method with a conceptual approach, drawing upon statutory analysis and a comparative review of the United States criminal justice system. Findings reveal a persistent discrepancy between legal norms and their implementation, reflected in ongoing practices of torture and infringements on the rights to silence and legal counsel. While certain aspects of Miranda principles are embedded in the Criminal Procedure Code, explicit regulations requiring Miranda Warnings, as mandated in the United States, are absent. As a result, the safeguarding of suspects’ rights continues to rely heavily on the discretion of law enforcement officers, leaving significant room for abuse. Integrating Miranda Rights into Indonesia’s legal system is therefore a strategic reform to strengthen the protection of human rights in criminal justice. Such integration would enhance the credibility of law enforcement, deter torture, and align national practices with international obligations, especially the ICCPR’s fair trial guarantees. Ultimately, Miranda Rights offer a concrete tool to foster a more humane, transparent, and equitable justice system.
Legal Protection of Intellectual Property Rights in Indonesia for SME Performance Sukania, I Wayan; Agustinus Purna Irawan; Fransisca Iriani Roesmala Dewi; Esanov Azamat Esirgapovich
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.104

Abstract

Small and Medium Enterprises (SMEs) play an important role in economic growth, job creation, and driving innovation. However, the competitiveness of SMEs is often hampered by weak protection of intellectual capital assets, particularly in aspects of intellectual property related to SME trademarks. This article examines the urgency of establishing a comprehensive legal framework to protect intellectual capital assets, specifically in aspects of intellectual property related to SME trademarks, as a strategic effort to promote innovation and improve SME performance. The research method used is normative legal research with a legislative, conceptual, and comparative approach to the practice of intellectual property law protection with South Korea and Singapore. The findings demonstrate three central points. First, Indonesian culinary SMEs actively confront major obstacles in implementing legal protection for intellectual capital assets, particularly intellectual property. Complex registration bureaucracy, high administrative costs, weak law enforcement, and low literacy among business owners directly hinder their capacity to innovate and compete. Second, comparisons with South Korea and Singapore illustrate that states can significantly enhance SME competitiveness by integrating efficient intellectual property protection systems with economic incentives and by cultivating a strong legal culture. Third, Indonesia must design and implement a responsive, inclusive, and adaptable model of intellectual capital protection, particularly in the field of intellectual property. Policymakers can achieve this goal by simplifying regulations, strengthening regional institutions, and advancing public education. Through these measures, intellectual property will operate not merely as a legal safeguard but as a strategic asset that stimulates innovation, broadens access to financing, and empowers culinary SMEs to become a driving force in building a globally competitive creative economy.
Combating Digital Defamation: Regulations, Challenges and Protecting Reputation Anis Mashdurohatun; Sugihartono, Bambang; Nurul Masrifah; Arief Indra Kusuma Adhi; Henning Glaser
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.147

Abstract

Indonesia regulates digital defamation through the ITE Law; however, the existing framework remains inadequate because it fails to achieve a balanced integration of reputation protection, freedom of expression, legal coherence, institutional coordination, and public awareness. This research aims to analyze regulatory inadequacies on digital defamation, identify weaknesses in the existing framework, and propose a justice-based reconstruction for Indonesia’s legal system. Employing a constructivist paradigm, this study adopts a socio-legal research approach with a descriptive type of analysis. Data were derived from secondary sources, including primary, secondary, and tertiary legal materials, collected through library research and analyzed qualitatively. The research demonstrates that Indonesia’s regulation of digital defamation remains unjust because it fails to adequately protect citizens’ right to express opinions without surveillance, restriction, or silencing. Substantively, lawmakers must critically reconsider Article 45 paragraph (4) of the ITE Law to ensure fair and consistent enforcement. Structurally, law enforcement institutions must strengthen coordination between the police, prosecutors, and judiciary to address weak institutional synergy. Culturally, policymakers and stakeholders must expand public dissemination of the ITE Law to improve legal understanding across society. Based on these findings, the study concludes that reconstructing the regulation of digital defamation requires embedding justice-oriented values into both legal norms and enforcement mechanisms, particularly through reforming Article 27A and Article 45 paragraph (5) of the ITE Law.
An Integrated Legal Framework for Digital Investment Fraud Prevention in Indonesia Halomoan Napitupulu, Josua; L. Panggabean , Mompang; Panjaitan, Hulman; Sri Widiarty , Wiwik
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.154

Abstract

The rapid development of digital financial technology in Indonesia has presented significant opportunities for investment growth, but has also opened up space for increasingly complex fraudulent methods. The significant public losses due to illegal digital investments demonstrate that the existing legal framework is unable to provide effective protection, as regulations remain fragmented, repressive, and not fully adaptable to technological innovation. This study aims to identify an integrated legal framework for preventing digital investment fraud. The research method employed is normative juridical research, utilizing a statutory and conceptual approach, as well as a comparison with Singapore, which is recognized for its responsive legal framework to developments in financial technology. The results show that existing provisions, such as the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), have proven inadequate because they are designed to address conventional fraud or electronic information fraud in general, not the complexities of digital investment. This situation creates legal uncertainty, making it difficult for law enforcement officials to accurately classify crimes and impose appropriate sanctions, while also weakening the legal protection for victims. In contrast, Singapore has been able to establish a responsive, consistent, and effective system for preventing and prosecuting digital investment fraud through the Securities and Futures Act (SFA) and the Monetary Authority of Singapore's (MAS) broad powers, encompassing regulation, investigation, and enforcement, with court support that provides a deterrent effect. Therefore, Indonesia needs to establish a more comprehensive, integrated, and specific regulatory framework for fraudulent investment crimes, encompassing prevention, law enforcement, victim protection, and recovery.
Strengthening the Business Judgment Rule in Indonesia: Lessons from Malaysia Jatna, R. Narendra; Amir Firmansyah; Hasbullah; Muhammad Umar Bin Abdul Razak
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.157

Abstract

The Business Judgment Rule (BJR) serves as a fundamental doctrine in corporate law, protecting company directors from personal liability when they act in good faith, exercise due diligence, and avoid conflicts of interest. However its recognized importance in safeguarding directors’ discretion, Indonesian lawmakers and courts have not fully developed its application, as shown by limited statutory codification, inconsistent judicial interpretation, and insufficient empirical analysis, thereby hindering coherent corporate governance and generating uncertainty in directors’ decision-making authority. This study analyzes the implementation of the BJR in Indonesia through a comparative lens with Malaysia. Using a normative and comparative legal approach, the research reveals that Indonesia’s current framework lacks clarity, comprehensive codification, and consistent judicial interpretation particularly in the private sector. The research findings demonstrate that, first, the implementation of the Business Judgment Rule (BJR) in Indonesia remains constrained by procedural ambiguity, which undermines consistent and predictable enforcement. Second, the allocation of the burden of proof lacks clarity, thereby weakening both the protection afforded to directors and the reliability of judicial determinations. Third, institutional support for the practical application of the BJR is insufficient, limiting its capacity to promote effective corporate governance. In response, the study recommends comprehensive reform of the Indonesian Company Law, the incorporation of safe-harbor provisions, the enhancement of judicial competence through specialized training, and the reinforcement of corporate governance mechanisms to improve legal certainty and strengthen directors’ accountability. Advancing the BJR framework is essential to encourage innovation, reduce legal risks, and enhance the competitiveness and resilience of Indonesia’s corporate sector.
Sustainable Tourism in Indonesia’s Ring of Fire: Toward Ecological Justice and Green Energy Manumayoso, Bambang; Jaelani, Abdul Kadir; Firdaus , Wan Mohd Khairul; Ogli , Tojiboev Akbar Zafar
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.105

Abstract

Indonesia’s Ring of Fire holds vast renewable energy and geotourism potential, but this potential can only be optimized through legal governance that is ecologically just. Current governance remains dominated by a sectoral, fragmented regulatory framework that not only causes disharmony but also exacerbates conflicts of interest between energy, tourism, and environmental sectors. This study develops an integrated legal and policy framework based on ecological justice and Pancasila justice, positioning them as complementary paradigms for reconciling development goals with environmental sustainability and social equity. Using a normative legal method that combines statutory interpretation, conceptual approaches, and case analysis of geothermal and geotourism projects. The results show that, first, Indonesia’s Ring of Fire holds significant potential for sustainable tourism and renewable energy, yet progress is constrained by fragmented regulations, limited community participation, and the absence of ecological justice in the legal framework. Second, these challenges highlight the urgent need for comprehensive governance transformation that integrates energy, environment, and tourism under a unified legal framework, recognizes nature as a legal subject, and empowers local communities as primary agents of sustainable development. Third, the proposed policy framework promotes sustainable tourism through legal reform, collaborative governance, and ecological justice by revising and harmonizing Tourism, Energy, and Environmental Laws.
Corporate Crime Prevention Through Sustainable Governance and Regulatory Reform Ali Kusumo, Bambang; Rustambekov Islambek Rustambekovich; Yakubov Axtam Nusratilloyevich; Xodjayev Baxshillo Kamolovich
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.168

Abstract

Corporate crime significantly undermines economic integrity, disrupts environmental sustainability, and erodes public trust in governance institutions. In the Indonesian context, the complexity of corporate liability and the limited effectiveness of law enforcement have constrained efforts to prevent corporate offenses. This study critically examines how sustainable governance and regulatory reform contribute to strengthening mechanisms for corporate crime prevention. The research employs a normative juridical method and systematically analyzes secondary data consisting of primary, secondary, and tertiary legal materials through a qualitative descriptive approach. The analysis demonstrates that first, the application of sustainable governance principles such as transparency, accountability, and ethical compliance functions as an effective preventive framework against corporate misconduct. Second, the current legal structure provides a sufficient normative foundation for corporate accountability; however, law enforcement remains inconsistent due to institutional fragmentation and inadequate coordination among agencies. Third, the integration of sustainability indicators and corporate responsibility standards into legal enforcement frameworks becomes a necessary reform priority. The study concludes that the combination of sustainable governance and regulatory reform reinforces corporate integrity, promotes a culture of compliance, and strengthens legal certainty to ensure long term effectiveness in combating corporate crime.
Exploring Restorative Justice in Domestic Violence Cases Widiartana, Gregorius; Vincentius Patria Setyawan; Ariesta Wibisono Anditya
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.87

Abstract

The Indonesian government has actively developed restorative justice policies for criminal cases through various laws and regulations; however, their implementation in domestic violence cases remains limited due to the predominance of a retributive mindset among law enforcement officials. In contrast, Malaysia has adopted restorative approaches to address domestic violence through community-based and victim-centered interventions. This research seeks to formulate comprehensive arguments supporting the implementation of restorative justice in domestic violence cases by analyzing relevant legal provisions, doctrinal foundations, and theoretical perspectives, while incorporating a comparative analysis of the Malaysian model. The comparative legal study between Indonesia and Malaysia is particularly significant within the broader framework of legal globalization, ASEAN regional integration, and bilateral cooperation in the fields of law and governance. Both countries, which share an Islamic cultural foundation and a colonial legal heritage, offer compelling contexts for examining the adaptation of restorative justice principles in plural legal systems. In Malaysia, Islamic law regulates various domains of social life, especially in matters of civil and family law, including marriage, divorce, inheritance, and waqf, shaping the socio-legal environment within which domestic violence is addressed. The findings indicate that Indonesia has initiated the application of restorative justice in certain domestic violence cases through mechanisms such as community mediation and police-facilitated reconciliation, though these practices remain inconsistent and are often influenced by patriarchal cultural norms. Conversely, Malaysia maintains a more formal and legalistic approach, with minimal formal recognition of restorative justice within its domestic violence legislation. The study concludes that restorative justice possesses substantial potential as a complementary framework to formal legal remedies, provided that its implementation ensures the protection of victims’ rights, prevents coercion, and upholds fundamental principles of justice, gender equality, and human dignity.
The Accountability Principle in Personal Data Protection in Sweden and Indonesia Yuspin, Wardah; Wardiono, Kelik; Budiono, Arief; Prakoso, Andria Luhur; Rajput, Trisha
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.97

Abstract

Digital transformation presents significant challenges in safeguarding the personal data of banking customers, particularly when banks collect and manage extensive personal information without ensuring adequate protection. This study examines the implementation of the accountability principle by personal data controllers within the banking sector. The objective is to assess how far this principle has been integrated into the obligations stipulated by data protection regulations. Using a qualitative legal research method combined with a comparative approach, this study analyzes the Personal Data Protection Law (PDPL) in Indonesia and the General Data Protection Regulation (GDPR) in Sweden. The findings reveal that Indonesia’s PDPL still demonstrates several deficiencies, including limited data leakage notifications, lack of transparency in third-party data disclosure, insufficient information technology security responses, and inefficient data updates. Similarly, under the GDPR framework, challenges persist in managing data shared with third parties and in providing timely written notices in cases of data breaches. The study concludes that the weaknesses identified in both jurisdictions highlight the need for strengthening the accountability principle to enhance the effectiveness of personal data protection in the banking sector. Reinforcing this principle will ensure greater responsibility among data controllers and foster public trust in digital financial systems.

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