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INDONESIA
Law and Economics
Published by Institute for Law and Economics Studies
ISSN : 18296688     EISSN : 30261929     DOI : -
Core Subject : Economy, Humanities, Science, Social,
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
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
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The Legal Framework of Abortion in Indonesia and Its Human Rights Im-plications Zulvina, Nadifa Fauliza; Sutarno, Sutarno; Pramono, Agung
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.v19i3.239

Abstract

Abortion continues to be one of the most contentious problems globally, encompassing sensitive discussions across legal, ethical, and reproductive health aspects. In Indonesia, the issue is particularly critical due to the conflict between upholding the fetus's right to life and ensuring women's reproductive health rights. Recent regulatory changes illustrate this complexity: what was previously a complete prohibition under the former Criminal Code has transformed into conditional permissibility under Law No. 17 of 2023 on Health, Government Regulation No. 28 of 2024 on Reproductive Health, and Minister of Health Regulation No. 2 of 2025. These restrictions are transitional, as abortion will be fully regulated under the new Criminal Code (Law No. 1 of 2023) scheduled to be implemented in 2026. This study utilizes a normative juridical methodology, incorporating statutory and conceptual approaches, to analyze three fundamental issues: the legal status of the fetus, women's reproductive health rights, and the legal protection afforded to physicians conducting conditional abortions. The findings indicate that although the fetus is legally acknowledged as possessing a right to life from conception, these rights may be curtailed in situations such as medical emergencies or pregnancies arising from rape. Simultaneously, women's reproductive health rights are unequivocally secured at both national and international levels. Legal protections for physicians are there; nonetheless, loopholes and ambiguities permit opposing interpretations, so compromising legal certainty.
A Juridical Analysis of the Welfare of Civil Servant Medical Personnel in Remote Areas of Indonesia Ramadhania, Nadira Wahyu; Noor, M. Tauchid; Sulakson, Sulakson
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.v19i3.240

Abstract

This study examines the welfare of medical personnel serving as Civil Servants (PNS) under the Indonesian civil service system, particularly those assigned to remote areas. Employing a normative juridical method with both a statute approach and a conceptual approach, this research explores the government’s responsibility to guarantee fair welfare and evaluates the adequacy of the existing legal framework. Legal materials were collected through literature study and analyzed using prescriptive legal analysis. Statistical data indicate an uneven distribution of health workers, with more than 60% concentrated in Java–Bali, whereas remote, border, and island regions continue to face critical shortages. Relevant legal instruments, including Law Number 20 of 2023 on the State Civil Apparatus and Law Number 17 of 2023 on Health, establish the legal basis for civil servant welfare. Nevertheless, normative gaps remain, particularly regarding technical arrangements such as incentive amounts, distribution mechanisms, and employment security guarantees. The findings reveal that current welfare protections for medical civil servants in remote areas are not yet fully effective, underscoring the need for more detailed derivative regulations to ensure legal certainty, distributive justice, and equitable deployment. The research contributes to legal scholarship by identifying shortcomings in the existing framework, offering policy recommendations for more comprehensive and enforceable welfare protections, and highlighting the importance of aligning normative guarantees with operational realities to strengthen the welfare state in Indonesia. However, this study is limited to normative legal analysis and does not include empirical data on implementation or the lived experiences of medical staff.
Reformulation of Legal Policy for the Protection of Generation Z from the Threat of Child Grooming: An Islamic Law and Convention on the Rights of the Child Perspective Innash, Ar-Rahiim; Latif, Muhamad
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

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Abstract

Child grooming cases experienced by children in Indonesia, particularly through digital platforms such as Instagram and WhatsApp, reflect the existence of normative gaps (lacunae) in the legal protection system for Generation Z amid the rapid digital era. This crime is carried out covertly and systematically by adults who manipulate victims. This research aims to formulate effective legal policy reforms to tackle the threat of child grooming, referring to the perspective of Islamic Law and the Convention on the Rights of the Child (CRC). This research uses a normative method with legislative, conceptual, and comparative approaches, supported by data in the form of national legal documents, Islamic legal literature (including the concepts of hifzh al-nafs and hifzh al-'irdh), and international legal instruments. The research findings show that national legislation has not explicitly regulated child grooming offenses, thus creating gaps in law enforcement. The scientific contribution of this study is to produce a comprehensive legal framework through synthesis between the principles of protection of honor and life in Islamic Law and the minimum standards of child protection in the CRC. It is concluded that legal policy reform is urgent, which must be realized by explicitly including the formulation of child grooming offenses in legislation. This reformulation not only closes interpretive gaps and ensures legal certainty, but also strengthens legal protection for Generation Z in digital spaces by uniting Islamic philosophical values and international standards
Human resource management strategy in facing organizational change in pelambik village Wulandari, Yayang Erry
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 strategy of Human Resource Management (HRM) in dealing with organizational changes in Pelambik Village. The changes that occurred include restructuring village apparatus, digitizing administration, strengthening work culture, and community involvement in program planning and evaluation. The study used a descriptive qualitative approach with purposive sampling techniques to select informants including village officials, administrative staff, community leaders, and residents affected by the change. Data was collected through in-depth interviews, observations, and documentation, then analyzed in a thematic descriptive manner. The results of the study show that the HRM strategy which includes competency development, effective internal communication, motivation and rewards, mentoring, teamwork, and continuous evaluation has succeeded in supporting the adaptation of village apparatus to organizational changes. The successful implementation of the HRM strategy is influenced by visionary leadership, budget support, adequate technological infrastructure, adaptive organizational culture, human resource competence and motivation, and active community participation. This research emphasizes that a comprehensive HRM strategy is able to ensure that organizational transformation runs harmoniously, adaptively, and sustainably, as well as being an example of effective HRM practices at the village level. These findings make an academic and practical contribution to the development of HRM strategies in local government settings.
Adaptive Regulation in Optimizing Csr “Bulog Peduli Umk” To Improve Food Security on Buru Island Hukunala, Sandy Victor; Hetharie, Jondry Adrin
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.v19i3.243

Abstract

Food security in Indonesia's remote island regions (3T) remains a critical challenge, often exacerbated by ineffective Corporate Social Responsibility (CSR) programs run by state-owned enterprises (SOEs). The main problem lies in the rigid and uniform (“one size fits all”) regulatory framework that fails to adapt to the unique socio-economic realities and infrastructure in these areas, thereby hampering efforts to support local food supply chains. This article aims to formulate an adaptive regulatory model to optimize the “Bulog Peduli UMK” CSR program in improving food security in 3T island regions such as Buru Island. The problem focuses on the fundamental weaknesses of the centralistic and “one size fits all” regulatory framework for SOE CSR, as well as the weak mandate for cross-sector coordination, which has led to ineffective program implementation in the field. To address these issues, a legal-empirical approach is used with a conceptual framework of adaptive regulation to bridge the gap between the ideal conditions (das sollen) and the reality in the field (das sein). Data was collected through regulatory studies, in-depth interviews with stakeholders (Bulog, local government, MSMEs), and surveys in Buru and South Buru Regencies, then analyzed normatively-qualitatively and descriptively-qualitatively. This study concludes that the implementation of the program is dualistic: effective in terms of ease of access to initial capital (85%), but failing in terms of supply stability (35%) and training relevance (40%). Therefore, an adaptive regulatory model based on four pillars (decentralization, mandatory partnerships, sustainable schemes, and contextual digitalization) is needed to transform CSR from an assistance program into an integrated regional development instrument. Theoretically, this study presents a new conceptual framework for SOE CSR in 3T regions, while in practical terms, the proposed model offers policy recommendations that can be followed up by the government and SOEs to improve program effectiveness and food security impacts
Indonesian contract law in practice and its relevance to the development of mortgage contract law bank loans Richard, Richard
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 examine the application of Indonesian contract law in bank loan agreements involving collateral rights and to evaluate its relevance to the development of modern mortgage contract law. Using an empirical juridical approach supported by both library research and field data, this research analyzes how the fundamental principles of contract law—such as freedom of contract, good faith, balance, and legal certainty—are implemented in banking practices. The findings indicate that contract law provides a legal foundation for regulating reciprocal obligations between creditors and debtors, primarily through instruments such as the Power of Attorney to Impose Security Rights (SKMHT) and the Deed of Grant of Security Rights (APHT). The enactment of Law No. 4 of 1996 on Mortgage Rights strengthens creditor protection by introducing a more enforceable and simplified collateral mechanism. However, several obstacles remain, including debtor default, administrative deficiencies, legal uncertainty in collateral execution, and imbalanced standard contracts that often disadvantage debtors. The study concludes that Indonesian contract law plays a strategic role in ensuring legitimacy, legal certainty, and balanced protection for both creditors and debtors, although continuous regulatory refinement and enforcement improvement are necessary to address existing challenges and align with socio-economic developments in the banking sector.

Page 9 of 9 | Total Record : 86

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