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INDONESIA
Law and Economics
ISSN : 18296688     EISSN : 30261929     DOI : -
The Law and Economics is an interdisciplinary Publication. It seeks to promote an understanding of many complex phenomena by examining such matters from a combined law, economics, and organization perspective (or a two-way combination thereof). In this connection, we use the term organization broadly - to include scholarship drawing on political science, psychology and sociology, among other fields. It also holds the study of institutions - especially economic, legal, and political institutions - to be specifically important and greatly in need of careful analytic study.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 86 Documents
Sale and Purchase of Rights to State Land Which is a Public Facility in a Residential Area Walujo, Christianto Rici; Borman, M. Syahrul; Sidarta, Dudik Djaja; Handayati, Nur
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.222

Abstract

This study looks at how the law is applied to regulations pertaining to the supply of social and public services in Makassar City settlements, as well as the status of land ownership certificates for public facilities located above communities.  The normative-empirical legal research used in this study was gathered from relevant literature and field research.  Questionnaires and primary data are the types of data that are used.  The legislation also comprises basic prin-ciples and requirements, rights to land, water and space as well as land registration, penal and transitional regulations. The findings indicate that Makassar City Regional Regulation Number 9 of 2011 concerning Provision and Delivery of Infrastructure, Facilities, Utilities in Industrial, Trade, Housing, and Settlement Areas, specifically funds in general, contains the regulations pertaining to the process for the delivery of public and social facilities in Makassar City settlements.  outlined in Minister of Home Affairs Regulation Number 9 of 2009, which relates to Guidelines for the Provision of Facilities, Utilities, and Housing and Settlement Infrastructure in the Regions.  In accordance with the law, the question of the certificate of property rights over public and social facilities must be fairly settled
Resolving Business Disputes between Micro Small Medium Enterprises with Consumers Through Mediation Walujo, Christian Rico; Soekorini, Noenik; Astutik, Sri; Cornelis, Vieta Imelda
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.223

Abstract

The aim of this research is to analyze the legal relationship between traders and Micro, Small and Medium Enterprises (MSME) consumers who are in dispute and explore how to resolve MSME business disputes through mediation. This normative juridical research uses a statutory regulatory approach and a conceptual approach. The legal materials used consist of primary law, namely the Civil Code (KUHPer), the Civil Procedure Code (KUHAPer), and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Secondary Law  consists of literature research related to the problem and Tertiary Law consists. The results of this research are that the legal relationship between the parties in an MSME business dispute can be in the form of a sale and purchase agreement, work contract, or compensation agreement between traders, consumers and the causes of MSME business disputes are negligence of contract agreements, negligence of business actors, product quality standards, late delivery, market competition, environmental issues, labor conflicts, changes in government regulations, internal company conflicts, cultural and language differences between regions and also economic turmoil. For MSMEs, mediation is always the main choice for business actors in resolving business disputes because it is simple, fast, low cost and satisfies all parties
The Determinants of Eco-Fashion Purchase Intention and Willigness to Pay Tribudhi, Debbie Aryani; Rhein, Verrel
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.224

Abstract

This study explores the factors that influence consumers' willingness to pay for eco-fashion, including Environmental Concerns, Social Influence, Altruism, Purchase Intention of Eco-Fashion (PIEF), Electronic Word-of-Mouth (eWOM), and Willingness to Pay (WTP) in Indonesia. The study focuses on the Indonesian fashion industry. The research aims to provide valuable insights for marketing managers on developing effective strategies to enhance the perceived value of eco-fashion, increase consumer awareness, and grasp consumer preferences. This research adds valuable insights to the academic understanding of the fashion industry in Indonesia by enhancing academic knowledge and practical appliaction
Between Administrative and Constitutional Jurisdiction: Investigating Dual Pathways to Justice in Indonesia Ainuddin , Ainuddin
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.225

Abstract

This study explores the intersection of administrative and constitutional adjudication in Indonesia, focusing on the overlapping jurisdictions of the State Administrative Court (PTUN) and the Constitutional Court (MK). Although these institutions were established to complement one another within a system of checks and balances, their concurrent mandates often generate legal uncertainty and procedural inefficiencies. Employing normative legal research and a conceptual framework, the analysis examines primary sources (the 1945 Constitution, PTUN Act, Constitutional Court Act, Government Administration Act), secondary literature, and illustrative case law. Through statutory, conceptual, and case‐based approaches, the study identifies points of convergence and divergence in the courts’ competencies, as well as the practical implications for citizens seeking redress. The findings reveal that PTUN’s focus on concrete administrative acts and the MK’s review of abstract legal norms can lead to contradictory outcomes: a PTUN judgment may vindicate a claimant without invalidating the underlying statute, while an MK annulment of a norm does not automatically reverse prior administrative decisions. This dual‐track system imposes duplicative litigation burdens, prolongs resolution timelines, increases costs, and ultimately erodes public confidence in the rule of law. To resolve the overlapping jurisdictions between PTUN and MK, this study recommends clearer statutory delineation of competencies, coordinated case-management protocols, and the possible establishment of a unified forum for disputes with both administrative and constitutional dimensions. Strengthening institutional synergy through capacity building and enhancing transparency in jurisdictional guidance are also essential to ensure consistency, reduce litigation burdens, and restore public trust in the rule of law
The Constitution as a Living Constitution: Dynamic S of Interpretation in The Indonesia Legal System Syaidi, Ridwan
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.230

Abstract

The problem of interpretation of the Indonesian constitution faces a dilemma between normative stability and adaptation to contemporary socio-political dynamics. This study aims to examine the operationalization of the living constitution in the practice of the constitutional judiciary, analyze the hermeneutic methodology of the Constitutional Court, and evaluate the impact of evolutionary interpretation on the constitutional system. Through a qualitative approach based on literature research with doctrinal analysis, the study revealed that the Constitutional Court has implemented the living constitution paradigm through a synthesis of multidimensional interpretations that integrate literal, contextual, and purposive dimensions. The metamorphosis of the role from negative legislator to positive legislator shows the adaptive elasticity of institutions in the face of today's legal complexity. The doctrine of universality of rights becomes an epistemological foundation that allows for the expansion of fundamental protections beyond the explicit enumeration of the constitution. Pancasila-based constitutional identity actualizes the synthetic harmony between tradition and modern constitutionalism. Despite the threat of democratic decline, the living constitution shows strategic potential as an instrument of constitutional consolidation whose effectiveness depends on the preservation of judicial independence and the commitment to the rule of law.
Cultivating anti-corruption moral habits: a philosophical and normative legal analysis Yudisetyo, Zerry Akbar; Razaq, Muhammad Abdul; Prasetyo, Dossy Iskandar
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

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Abstract

Corruption in Indonesia has evolved into a systemic crisis that threatens democratic institutions, hinders economic progress, and erodes social justice. This study aims to develop a theoretical framework for cultivating anti-corruption moral habits by integrating philosophical ethics with legal structural reform. Employing a normative legal research methodology, the analysis draws upon classical moral philosophies—Socrates’ reflective accountability, Plato’s model of moral leadership, and Aristotle’s concept of the state as a moral educator—alongside contemporary anti-corruption theories. The study identifies four key pillars necessary for sustainable anti-corruption strategies: systemic certainty in governance, habitual ethical reflection in daily decision-making, moral exemplarity among public leaders, and institutional arrangements that nurture civic virtue. The findings suggest that combating corruption effectively requires not only legal reform but also moral reconstruction across individuals, leadership, and institutions. This integrative approach offers meaningful insights for legal philosophy and public governance reform in Indonesia and similar developing contexts.
Legal Analysis of Residential Tenancy Permits Overruling Right of use Certificates in Light of Pmk No. 115/Pmk.06/2020 Sigit Mustika, I Komang; Karsoma, Ateng; Jaeni, Ahmad
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

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Abstract

State Houses or Official Residences are also classified as State Property, all of which are legally obtained from the State Budget. Members of the Indonesian National Armed Forces (TNI) who are granted Official Residences must maintain and preserve the buildings so that the utilization of State Property can carry out all TNI duties and functions without changing the ownership status. This is in accordance with TNI Commander Regulation No. 49 of 2015 concerning the Utilization of State Property in the form of land and buildings within the TNI. The type of research used in this thesis is normative juridical research. Normative juridical research examines the law from an internal perspective, with the object of research being legal norms. The approaches used are the legislative approach, the conceptual approach, the case approach, and the comparative approach with several countries. The results of this study show that the Occupancy Permit (SIP) is essentially a temporary administrative permit, so it cannot be equated with land rights such as a right-of-use certificate. Therefore, legally, a right-of-use certificate has greater legal force than an SIP. However, in practice, there is often a conflict between legal certainty (certificates) and the sense of justice of the community (long-term residents with SIPs). This happened because the residents had occupied the official residences for a long time and felt they had moral and historical rights to the dwellings. The court's decision affirming the validity of the right-of-use certificates reflects a positive legal orientation that emphasizes legal formalities over sociological aspects.
Legal Analysis of the Death Penalty in Indonesia from the Perspective of National and International Law in Terms of Human Rights Riyono, Dafid; Buaton, Tiarsen; Agus Suswantoro, Tri Agus Suswantoro
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

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Abstract

This article discusses the regulation of capital punishment under international law as reviewed by the UN General Assembly Resolution on the Declaration of Human Rights of 1949 and its practice in several countries. The debate on the death penalty has led to the emergence of at least two major groups: those who oppose the death penalty and those who support it. Those who support the death penalty believe it is a necessary form of punishment to prevent and reduce crimes that are considered serious or extraordinary in society. The type of research used in this thesis is normative legal research. Normative legal research examines the law from an internal perspective, with the object of research being legal norms. The approaches used are the statutory approach, the conceptual approach, the case approach, and the comparative approach with several countries. The results of this study show that the regulation of the death penalty in international law shows a tendency towards abolition or very strict restrictions. UN General Assembly resolutions and instruments such as the UDHR and ICCPR provide a moral and normative basis for the rejection of the death penalty. However, its implementation is highly dependent on the socio-political conditions of each country. The future of the death penalty in international law will continue to be a tug-of-war between universal human rights principles and the reality of state sovereignty
Legal Responsibility of Doctors in Determining Working Capacity Based on the Results of Worker Health Examinations Rosmawati; Nasser; Agus, Tri
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

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Abstract

One important part of occupational safety and health protection efforts is health examinations for workers. In this process, doctors play a central role in determining whether a worker is medically fit to perform their job duties. This decision on fitness for work is not only medical in nature, but also has significant legal implications for workers, employers, and doctors themselves. This study aims to examine the legal responsibilities of doctors in determining work fitness based on the results of medical examinations, as well as to explore the limitations and professional obligations of doctors in the context of employment. The research method used is normative juridical with a regulatory and literature study approach. The results of the study show that doctors are required to prioritize the principles of prudence, professionalism, and objectivity in providing medical assessments of work fitness. Errors or negligence in providing recommendations can lead to legal liability, whether civil, criminal, or medical ethics. Therefore, it is important for doctors to understand the legal basis, professional standards, and medical ethics in carrying out occupational health examinations
Influence of human resources and organizational culture on the satisfaction of the service of Sapta Marga Village Pelambik Praya Village Southwest Pelambik Praya Regency Sami’un, Sami’un; Amirullah, Ahmad Fatoni Karim; Wijaya, I Ketut Kusuma
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

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Abstract

This study aims to analyze the influence of the quality of human resources (HR), organizational culture, and Sapta Marga values on community satisfaction in public services in Pelambik Village, Southwest Praya District, Central Lombok Regency. A quantitative approach with a survey method was used, involving 95 respondents selected through proportional random sampling. Data were collected using Likert scale questionnaires, structured interviews, and documentation, then analyzed by multiple linear regression. The results of the study show that the quality of human resources, organizational culture, and values of Sapta Marga have a positive and significant influence on community satisfaction, both partially and simultaneously. The value of Sapta Marga has the most dominant influence, followed by the quality of human resources and organizational culture. The determination coefficient (R²) test showed that 72.1% of the variation in community satisfaction could be explained by these three variables, while the rest was influenced by other factors such as infrastructure, regulations, and community participation. These findings confirm that improving the quality of public services at the village level requires synergy between improving the competence of the apparatus, fostering a positive organizational culture, and internalizing moral values such as Sapta Marga. This integrated strategy can strengthen the professionalism of the apparatus, increase the humanist service orientation, and strengthen the community's legitimacy and trust in the village government.