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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 83 Documents
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Legal Protection of Artificial Intelligence Applications in Banking Sukawati, Maheswara Perbawa; Amad Sudiro; I Wayan Gde Wiryawan
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.v3i3.175

Abstract

The rapid development of Artificial Intelligence (AI) in Indonesia’s banking sector has transformed traditional financial services into digital-based systems that emphasize speed, efficiency, and accessibility. However, this transformation presents significant legal and ethical challenges related to data security, algorithmic accountability, and consumer protection. This study analyzes the legal framework governing AI implementation in Indonesian banking, focusing on the Financial Sector Development and Strengthening Law, the Personal Data Protection Law, the Electronic Information and Transactions Law, and the regulatory role of Bank Indonesia and the Financial Services Authority. The research employs a normative legal approach supported by limited empirical insights, combining statutory, case, comparative, and historical analyses. The findings reveal regulatory fragmentation and a legal vacuum concerning liability for AI-related losses, particularly in cases of algorithmic error and data breaches. In contrast, comparative studies of Japan and the European Union show the necessity of establishing AI governance based on transparency, accountability, and proportional liability. Therefore, Indonesia urgently requires a specific legal framework that integrates ethical, human-centered, and risk-based principles to ensure data security, protect consumer rights, and promote trustworthy AI implementation in the financial sector.
Indonesian Advocates’ Success Fee Agreements: Policies and Challenges Dananjaya, Putu Bagus; Perbawa, I Ketut Sukawati Lanang Putra; Buriev , Yulchiboy Khudaynazarovich
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.v3i3.150

Abstract

The regulation of success fee agreements in Indonesia remains largely interpretative, characterized by the predominance of contractual freedom and the absence of explicit normative limits. This study examines the policies and challenges surrounding success fee arrangements between advocates and clients, focusing on the interplay between legal certainty, ethical boundaries, and professional standards. Using a normative juridical method that integrates statutory, conceptual, and comparative approaches, the research explores the disharmony between the Indonesian Advocates Law, the Indonesian Advocates Code of Ethics, and the professional guidelines issued by PERADI. The findings reveal that, while success fees provide flexibility and proportional compensation based on case outcomes, the lack of uniform quantitative standards and the blurred distinction between lawful success fees and prohibited quota litis practices have created legal uncertainty. Furthermore, the ethical prohibition against remuneration solely based on case results limits the enforceability of such agreements. A comparative analysis with the English system, particularly its Conditional Fee Agreements and Damages Based Agreements, highlights the importance of transparent regulation, proportional limits, and ethical oversight to balance professional autonomy with client protection. Accordingly, this study recommends a reformulation of Indonesia’s policy framework to harmonize ethical norms and positive law, ensuring that success fee agreements promote fairness, professionalism, and legal certainty within the advocacy practice.
Integrated Spatial Governance for Sustainable Tourims in Bali Wiryawan, I Wayan Gde; Julianti, Lis; Permadhi, Putu Lantika Oka; Abdullah, Nurhidayah binti
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): 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.v4i1.135

Abstract

Tourism development in Bali increasingly confronts structural challenges generated by the persistent tension between economic growth imperatives, environmental sustainability, and the preservation of local cultural identity. However Bali’s Spatial Planning Regulation (RTRW) 2023–2043 integrates the Tri Hita Karana philosophy and the principle of “one island, one plan, one management,” its implementation remains constrained by fragmented inter-agency coordination, limited law enforcement capacity, and a development orientation that privileges economic interests over socio-ecological balance. In response, this study examines how an integrated spatial governance framework can harmonize national legal instruments with local wisdom to support sustainable tourism development in Bali. Using a normative juridical research method, the study employs conceptual analysis, statutory review, and comparative legal approaches. The findings demonstrate, first, that local regulatory instruments, particularly awig-awig and community-based zoning mechanisms, contribute significantly to maintaining spatial equilibrium and protect cultural identity and environmental values at the community level. Second, the study finds that the effectiveness of these local instruments remains limited by inadequate formal regulatory recognition and weak alignment with central government mechanisms, including risk-based business licensing systems and spatial conformity approval processes. Third, comparative analysis of Thailand’s sustainable tourism governance, especially the Designated Areas for Sustainable Tourism Administration (DASTA) model, reveals that effective spatial governance depends on robust multi-actor collaboration and institutional coherence that formally integrates local governance structures within designated tourism areas.
Strengthening the Enforcement of Geneva Convention Policies in Response to Israeli Violations W M Abu Wazna, Mahmoud; Mahmoud Elsayed Atyea Abdasmad; Muhammad Mas'udi; Carrel Ticualu
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): 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.v4i1.235

Abstract

International humanitarian law regulates armed conflict through a framework of customary and treaty-based norms, with the Geneva Conventions imposing legally binding duties on conflict parties to safeguard civilians and civilian objects. Despite this normative framework, enforcement mechanisms continue to demonstrate limited effectiveness, particularly in protracted armed conflicts. This study examines alleged violations of the Fourth Geneva Convention during the 2023, armed conflict in the Gaza Strip and evaluates the capacity of existing international humanitarian law enforcement mechanisms to protect Palestinian civilians. The research further analyzes avenues for strengthening judicial accountability through international criminal justice processes. Employing a socio-legal research design, the study integrates just war theory and law enforcement theory and applies qualitative descriptive-analytical methods to primary and secondary legal materials. The findings demonstrate that, first parties to the conflict committed serious breaches of the Fourth Geneva Convention affecting civilian protection. Second, international enforcement mechanisms, including international judicial institutions, operated ineffectively due to political interference and limited State compliance. Third, expansive interpretations of military necessity weakened accountability for grave breaches of international humanitarian law. The study concludes that strengthening enforcement requires restricting such interpretations and ensuring the consistent implementation of international criminal court decisions to enhance legal accountability.
The Underutilized Rehabilitation Policy: Why Local Wisdom Matters in Developing Narcotics Prisoners Tajuddin, Mulyadi Alrianto; Gunarto, Gunarto; Aris Setiyono; Ali Salem Al-Hammouri; Muhammad fitri Adhy
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): 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.v4i1.238

Abstract

The persistently high rate of recidivism among narcotics offenders demonstrates that rehabilitation policies within the Indonesian correctional system have not been optimally implemented and continue to produce limited outcomes. Current rehabilitation practices predominantly adopt standardized and administratively driven models that marginalize the social, cultural, and moral dimensions inherent in drug dependency. As a result, these models fail to respond adequately to the complex and context-specific challenges encountered by narcotics prisoners, particularly within Indonesia’s socio-cultural diversity. This study proposes an alternative rehabilitation framework that integrates local wisdom values rooted in Pancasila to construct a more contextual, humane, and socially responsive strategy for reducing recidivism. Using a socio-legal research design and descriptive qualitative methods, the study systematically examines statutory regulations, academic discourse, and living customary norms, with empirical attention directed toward community-based practices in Papua. The analysis indicates that, first, the dominance of standardized and administratively oriented rehabilitation models within the Indonesian correctional system limits their effectiveness in addressing the socio-cultural and moral dimensions of narcotics dependency, thereby contributing to persistent recidivism. Second, local wisdom values grounded in Pancasila, particularly customary deliberation, collective responsibility, and community-based social rehabilitation, function as effective normative mechanisms for fostering moral awareness, personal accountability, and social reintegration among narcotics prisoners. Third, the systematic integration of these local values throughout the rehabilitation process, from sentencing to post-release reintegration, enhances both the practical effectiveness and the substantive legitimacy of correctional policies, reflecting the realization of justice that is contextual, humane, and culturally embedded.
The Contribution of Forensic Science Experts Policies to Criminal Case Resolution Yunianto, Eko; Yulius Sigit Kristanto; Yanto Mulyanto P; Robinson Pardomuan; Joman Rabah Mahfouth Alkhatib
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): 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.v4i1.239

Abstract

Scientific Crime Investigation constitutes a science-based investigative approach that utilizes forensic technology and expert analysis to uncover criminal acts. Despite its increasing use in criminal investigations, the legal position and evidentiary validity of Scientific Crime Investigation remain insufficiently regulated, resulting in normative ambiguity and inconsistent judicial practice. This research aims to examine the regulation of the role of Scientific Crime Investigation experts in the disclosure of criminal acts from the perspective of Pancasila justice, to identify weaknesses in the existing legal framework, and to formulate a reconstruction of regulatory norms governing the use of Scientific Crime Investigation in criminal proceedings. The study applies Pancasila justice theory, legal system theory, and progressive legal theory within a constructivist paradigm, employing a socio-legal research approach. Primary data reflecting legal realities in investigative and judicial practices and secondary legal materials were collected and analyzed using qualitative descriptive methods. The findings of this research reveal that, first, the absence of explicit legal recognition of Scientific Crime Investigation as valid evidence has resulted in normative uncertainty and recurring disputes regarding the reliability, admissibility, and probative value of scientific findings in judicial proceedings. Second, structural and institutional weaknesses continue to hinder the effective use of Scientific Crime Investigation, including limited forensic infrastructure, shortages of qualified human resources, inadequate understanding of scientific investigative methods, weak coordination between investigators and forensic experts, and high operational costs. Third, substantive and cultural weaknesses remain evident due to the lack of standardized norms governing scientific investigative outputs and public noncompliance with investigative procedures, which collectively compromise crime scene integrity and the credibility of scientific analysis. These findings demonstrate the necessity of normative reconstruction to formally integrate Scientific Crime Investigation into the criminal justice system in accordance with the values of Pancasila justice.
The Future of Bali’s Kerauhan Tradition: Legal Pluralism, Reforms, and Conflict Adjudication Challenges Dewa Gede Edi, Praditha; Mella Ismelia Farma, Rahayu; I Ketut Sukewati Lanang Putra, Perbawa; Paul Atagamen Aidonojie; Adelowo Stephen Asonibare
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): 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.v4i1.149

Abstract

This study analyzes the regulation of the kerauhan tradition in Bali within the framework of legal pluralism from a legal anthropological perspective. Balinese customary law conceptualizes kerauhan as a sacred and non-pathological spiritual phenomenon intended to preserve communal harmony and cosmic balance, whereas the national legal system is constructed upon empirical verification and rational causation. This distinction gives rise to a fundamental epistemological divergence between customary and state legal orders. The research applies an empirical juridical method with a qualitative design. It gathers data through in depth interviews with customary leaders, direct observation of ritual practices, and systematic analysis of relevant awig awig provisions. This approach enables a contextual evaluation of how plural legal systems operate in addressing incidents related to kerauhan. The findings indicate that: first, Balinese customary law recognizes and regulates kerauhan as a legitimate sacred mechanism grounded in spiritual authority and communal belief, rather than as a pathological act; second, a structural and epistemological disparity between customary and national law produces legal tension, particularly because customary dispute resolution relies on ritual validation while state institutions require material evidence and objective causation, thereby creating complexity in cases involving bodily injury or property damage; and third, modernization and tourism have commodified kerauhan, transforming it into a public spectacle and digital media content, which gradually reshapes its social meaning and influences generational perceptions. The study concludes that the development of a responsive and integrative pluralistic legal framework is necessary to accommodate indigenous epistemology while ensuring legal certainty, accountability, and substantive justice.
Data Protection Conflicts and Procedural Fairness in Cross-Border Digital Dispute Resolution AllahRakha, Naeem; Axmedshaeva Mavluda; Abdurasulova Kumrinisa; Musayev Elbek; Utegenov Nurbolat
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): 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.v4i1.162

Abstract

The rapid digitalization of society has given rise to digital dispute resolution (DDR) mechanisms that are transforming traditional justice systems through online, automated, and platform-based processes. However, the rapid expansion of these mechanisms has outpaced regulatory development, leaving unresolved questions about jurisdiction, enforceability, and user protection. This study examines how conflicts between incompatible data protection regimes and the absence of uniform procedural fairness standards in cross-border digital dispute resolution (DDR) interact to create compounded rights deficits for users. Using a qualitative document analysis design combined with doctrinal legal research, the study analyses the structural incompatibility between GDPR Articles 3, 5, and 46–48 and US-based cross-border DDR platforms, and assesses the procedural fairness deficits including opacity of automated decisions, absence of human review, and foreclosure of meaningful appeal that result from platform-based dispute resolution operating outside binding procedural standards. The central finding is that these two regulatory failures are structurally interdependent: the same conditions that enable data protection violations simultaneously deprive users of the informational preconditions of a fair hearing. The study proposes an integrated regulatory framework comprising unified recognition rules conditioned on dual compliance with data protection and procedural fairness standards, a mandatory accreditation scheme for cross-border DDR providers, and regulatory sandboxes for supervised innovation. The findings provide an analytically grounded framework for addressing a compound regulatory failure that currently affects millions of cross-border DDR users.
Tax Conflicts Policy in Thrifting between Trade Law and Tax Law Ibnususilo, Efendi; Taufiqurrahman, Faishal; Deslaely Putranti
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): 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.v4i1.223

Abstract

The rapid expansion of thrifting practices in Indonesia has generated complex legal challenges, particularly at the intersection of trade law and tax law. This condition gives rise to a policy conflict in which thrifting activities, although prohibited under trade regulations, continue to generate economic transactions that may fall within the scope of taxation. This study adopts a normative juridical approach to examine the nature of this conflict and to assess potential regulatory responses. The analysis demonstrates that imposing taxation on economic activities derived from prohibited imports creates legal ambiguity and risks undermining the enforcement of trade law by implicitly legitimizing unlawful practices. Accordingly, the principle of legality within the tax system must be upheld by ensuring that taxation aligns with the normative framework governing trade. This study proposes a regulatory harmonization model that integrates trade, taxation, and customs policies through the reconstruction of legal norms, the strengthening of cross sectoral supervision, and the clarification of legal boundaries concerning taxable activities. Such harmonization is necessary to establish legal certainty, prevent regulatory loopholes, and ensure that fiscal policy operates consistently with national legal and economic objectives.
Regulating Transboundary Water Resources and Hydraulic Infrastructure in Central Asia Mukasheva Anor Abaikhankyzy; Kholmamatovich , Narzullaev Olim; Baygazyevich, Teleuyev Galym; Elikbaevich , Bekturganov Abdimanap; Ergalievna , Tanatbaeva Zhaidary
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): 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.v4i1.228

Abstract

Despite the formal recognition of international water law principles, Central Asian states have not effectively incorporated these norms into enforceable domestic regulations governing the Amu Darya and Syr Darya basins. This study aims to examine the extent to which international legal standards governing transboundary water management are incorporated into domestic regulatory regimes and to evaluate the capacity of existing legal frameworks to address emerging cross border risks related to water allocation and hydrotechnical safety. The research employs a doctrinal and comparative legal approach by interpreting treaty obligations and systematically analysing national legislation and institutional arrangements in selected Central Asian jurisdictions. The findings identify three principal issues. First, states formally recognise the principle of equitable utilisation but fail to establish precise allocation rules and effective enforcement mechanisms. Second, national authorities regulate hydrotechnical safety primarily within domestic legal systems without developing binding cross border supervision mechanisms. Third, fragmented institutional mandates weaken coordinated compliance with transboundary obligations. The study concludes that institutional fragmentation rather than normative scarcity constitutes the principal regulatory challenge, and that sustainable regional water governance requires integrated basin level institutions, harmonised safety standards, and enforceable cooperative mechanisms among riparian states.

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