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jle
Published by Yayasan Kawanad
ISSN : 29639204     EISSN : 29637937     DOI : https://doi.org/10.56347/jle
Core Subject : Economy,
Economics, Econometrics & Finance
The Journal of Law and Economics publishes research on a broad range of topics, including the economic analysis of law, the economic analysis of regulation and the behavior of regulated firms, industrial organization and antitrust policy, the political economy of legislation and legislative processes, law and finance, and corporate finance and governance. The JLE has published some of the most influential and widely cited articles in these areas. It is an invaluable resource for academics and those interested in cutting-edge analysis of current public policy issues. All published article URLs will have a digital object identifier (DOI).
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 100 Documents
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Personal Data Security Violations in East Jakarta Regional Elections: Legal Analysis Through Personal Data Protection Legislation Albaldan, Khairul Alwan; Lisasih, Nin Yasmine
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.330

Abstract

This research examines the personal data breach case during the East Jakarta regional elections and analyzes the legal responsibilities of the General Elections Commission (KPU) from the perspective of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). Employing a juridical-normative method, statutory-regulatory approach, and conceptual framework, this study investigates the hacking incident involving the Permanent Voters List (DPT) database by a hacker using the pseudonym "Jimbo," who allegedly accessed data of more than 200 million voters. The case violates the principle of legal protection for citizens' privacy rights, as stipulated in the 1945 Constitution and the PDP Law. Within the framework of Satjipto Rahardjo's legal protection theory, personal data protection transcends mere legal norms and must be implemented substantially to ensure justice and public security. This research concludes that KPU's negligence in ensuring cybersecurity constitutes a legal violation and demands accountability alongside strengthened digital data protection policies within Indonesia's democratic system.
Legal Analysis of Post-Divorce Child Protection Rights (Case Study: Decision No. 3/Pdt.G/2025/PTA.Smd) Situngkir, Devani Elisabeth; Nurbaiti, Nurbaiti
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.331

Abstract

Rising divorce rates have triggered custody disputes where children's fundamental rights face systematic neglect, generating psychological trauma and legal ambiguity. This research examines post-divorce child protection under Law No. 35 of 2014 on Child Protection, analyzing Decision No. 3/Pdt.G/2025/PTA.Smd as a case study. Two primary questions guide the investigation: first, how courts operationalize the child welfare principle in custody determinations within Decision No. 3/Pdt.G/2025/PTA.Smd; second, how Law No. 35 of 2014 safeguards children's rights amid post-divorce custody conflicts. Employing normative juridical methodology through statutory, conceptual, and case study approaches, the research reveals that Law No. 35 of 2014 establishes child welfare as the paramount consideration in all child-related decisions. The principle addresses physical, psychological, social, and spiritual dimensions to secure optimal development. Decision No. 3/Pdt.G/2025/PTA.Smd demonstrates practical application: the judicial panel awarded custody to the biological mother based on her superior capacity to provide appropriate care environments while preserving paternal visitation rights. The ruling simultaneously mandates financial support obligations, reinforcing continued parental accountability post-divorce. The decision effectively operationalizes child-centered legal frameworks through balanced consideration of caregiving capacity, emotional bonding, and economic responsibility.
Analysis of the Impact of 12% VAT Implementation on the Indonesian Economy: An Empirical Study of the U-Shaped Impact Phenomenon on Public Purchasing Power in the January-June 2025 Period Putri, Wenti Frisca Septiani; Oroh, Oliviane; Maulana, Dikdik
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.342

Abstract

This study examines the economic impacts of Indonesia's 12% Value Added Tax (VAT) during January-June 2025 using a Difference-in-Differences (DiD) approach. The VAT increase from 11% to 12%, effective January 1, 2025, aims to boost state revenue and support post-pandemic economic recovery. Analysis draws on time series data from Statistics Indonesia (BPS), Bank Indonesia, and the Ministry of Finance, along with household surveys and MSME data. Results show that the 12% VAT added 0.45 percentage points to national inflation, with manufacturing bearing the largest burden at 0.18 percentage points. A striking U-shaped pattern emerged in purchasing power effects: middle-income groups (quintile 3) suffered the steepest decline of 3.4%, while low and high-income groups experienced smaller reductions. The VAT exhibits regressive characteristics, pushing the Gini coefficient from 0.381 to 0.394 and raising poverty rates from 9.54% to 9.78%—forcing approximately 640,000 people below the poverty line. While state revenue increased by 18.7%, mitigation interventions worth 0.3-0.5% of GDP became necessary. The study recommends targeted mitigation strategies: focused social compensation, revised VAT-exempt goods lists, and integrated progressive tax reforms.
The Doctrine of Unlawful Acts in E-Commerce Consumer Protection Pendang, Serlita Ruben
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.354

Abstract

The development of digital technology has driven an increase in transactions through e-commerce platforms. However, this dynamic has also given rise to various violations of consumer rights, such as fraud, goods not as described, and misuse of personal data. This study aims to analyze the application of the doctrine of unlawful acts (PMH) in resolving disputes regarding consumer rights violations on e-commerce platforms. The method used is normative legal research with a statutory, conceptual, and case-based approach. The results show that the elements of PMH as stipulated in Article 1365 of the Civil Code can be applied to cases of consumer rights violations, whether committed by business actors or third parties. Furthermore, developments in jurisprudence have broadened the definition of PMH, allowing consumers to claim compensation not only when there is a violation of the law, but also when business actors act contrary to the principles of propriety, morality, and good faith. Thus, the PMH doctrine can be an important instrument in consumer protection in the digital era, although more stringent specific regulations regarding e-commerce are still needed.
Integration into Formal Economy: A Systematic Review on the Challenges and Opportunities for Informal SMEs in Cambodia Or, Chanthan; Phon, Sophat; Serey, Mardy
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.360

Abstract

The informal economy accounts for a substantial share of economic activity across developing nations, where Small and Medium Enterprises (SMEs) serve as primary engines for job creation and income generation. Yet informality frequently confines these enterprises to persistent cycles of low productivity and economic vulnerability. Drawing on 12 studies published between 2000 and 2025, our systematic literature review examines the multifaceted barriers and pathways associated with transitioning informal SMEs into the formal economy, with particular attention to Cambodia. We synthesize theoretical frameworks on informal economy dynamics and SME development, analyze Cambodia's informal sector characteristics, identify formalization obstacles, and examine integration possibilities. Our literature search spanned multiple databases—JSTOR, Google Scholar, and repositories from the ILO, UNDP, World Bank, and ADB. We selected peer-reviewed articles and reports addressing informal economy and SME formalization in Cambodia and Southeast Asia more broadly. Our findings reveal that despite substantial barriers—financial constraints and regulatory complexities—targeted policy interventions can unlock considerable integration potential.
The Role of Prosecutor's Investigators in Handling Corruption Crimes of Family Planning Operational Assistance Fund Embezzlement in Tanggamus Regency Setiawan SP, Budi; Amrullah, Rinaldy; Muhtadi, Muhtadi
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.361

Abstract

Corruption remains a heavy burden for Indonesia in its quality as an extraordinary crime since it has very broad implications for aspects of governance, development, and public trust in state institutions. This study aims to analyze the role of prosecutor's investigators in handling corruption cases related to the illegal deduction of Family Planning Operational Assistance (BOKB) funds in Tanggamus Regency. The research methodology used normative and empirical juridical approaches with primary data collected through interviews with law enforcement officials and secondary data sourced from statutory provisions, case files, and scientific literature. The Tanggamus District Prosecutor's Office carried out the main tasks at the stages of investigation, indictment, and prosecution. In case Number PDS/02/TGMS/07/2022, investigators revealed a systematic scheme where 17.5% was deducted from every fund disbursement causing state financial losses amounting to approximately IDR 1.55 billion. Several barriers were faced during the investigation; witness testimonies were inconsistent, facilities and infrastructure were inadequate, and forensic audits to calculate state losses faced delays. Increasing inter-institutional coordination between prosecutors and related agencies as well as improving infrastructural capacity is necessary to increase both legitimacy and effectiveness in corruption eradication.
Preventive Measures Against Non-Performing Loans: Implementation of Prudential Principles in the Buy Now Pay Later (BNPL) Scheme Through Bank–E-Commerce Partnerships Nurhasanah, Siti; Septiana, Dewi; Kasmawati, Kasmawati
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.371

Abstract

The financial sector in Indonesia has seen a very fast change to using digital technology. This has made it possible to have Buy Now Pay Later (BNPL) services where people can get money without needing credit cards. Banks that work with online shopping companies use BNPL plans to help more people use their financial services. However, these types of partnerships also bring large dangers: bad loans build up, moral hazard appears, and there are questions about the rules. We look at how legal systems and careful management rules work in BNPL partnerships through regular legal research methodology, studying law provisions and idea bases. Law No. 7/1992, changed by Law No. 10/1998 on Banking, sets out careful needs that OJK puts into action through Regulations No. 18/ POJK.03/2016, No. 40/POJK.03/2019, No. 12/POJK.03/2021, and Circular Letter No. 34/SEOJK .03/2016 Banks put into practice careful standards by checking digital credit worthiness managing joined risks watching assets and checking partners from time to time Yet big problems stay: banks and platforms cannot share data easily regulatory power breaks up among many agencies and following the rules culture is still weak Careful ideas do more than meet rule needs they form the legal-ethical base that keeps public trust and financial safety Achieving good practice needs OJK Bank Indonesia and Kominfo to work together in their control actions guard consumers and make good digital money innovation possible.
Normative Approach to Law and Economics in Developing Countries: Challenges in Establishing Efficient and Just Market Regulations Meitasari, Intan; Suratno, Suratno; Yuniwati, Yuniwati
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.373

Abstract

Market regulation in developing economies confronts a fundamental dilemma: how to achieve allocative efficiency without sacrificing distributive justice. Drawing on normative–empirical analysis of legal materials, policy frameworks, and comparative data from Indonesia, India, and Brazil, the research exposes persistent friction between growth-maximizing policies and principles of equity, legal certainty, and institutional legitimacy. Regulatory systems across these jurisdictions consistently favor efficiency metrics while sidelining distributional consequences—a pattern that widens socioeconomic gaps and weakens public confidence in state institutions. Countries with stronger legal infrastructures and mature normative traditions demonstrate greater capacity to embed justice considerations within economic governance. The study proposes a law–economics model where legal normativity operates not as ancillary to economic logic but as foundational to regulatory design, anchoring policy in fairness, predictability, and collective welfare. Theoretically, the work recasts law's dual role as both boundary and catalyst in economic systems. Practically, it outlines strategies for enhancing regulatory clarity, institutional responsibility, and policy credibility in developing settings—charting routes to prosperity that do not undermine social solidarity.
Budget Efficiency vs Public Service: A Critical Evaluation of Presidential Instruction No. 1 of 2025 Munawir, Munawir; Suherman, Agus; Ahmada, Naufal Haidar
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.376

Abstract

This study evaluates Presidential Instruction No. 1/2025 on Budget Efficiency using William N. Dunn's policy evaluation model across five dimensions: effectiveness, efficiency, adequacy, responsiveness, and equity. The policy mandates IDR 256.1 trillion in budget cuts, including IDR 50.59 trillion in regional transfers. The qualitative-descriptive approach analyzes official policy documents, Ministry of Finance publications, Indonesia Corruption Watch data, and international literature on OECD fiscal consolidation practices. While aiming to reduce wasteful spending, the blanket-cutting approach—lacking performance-based evaluation and empirical evidence—threatens service delivery in education, health, and infrastructure. Regional transfer cuts undermine local autonomy and service capacity, particularly concerning given that 88% of regions depend on central transfers. Comparative analysis with Australia, Latvia, and Chile reveals that Presidential Instruction No. 1/2025 lacks critical mechanisms: ring-fencing protections, performance-based evaluation, results-driven incentives, and adequate compensation schemes. The study recommends temporary moratoriums for vital sectors, systematic spending review mechanisms, selective budget reduction targeting ineffective and leakage-prone programs, and strengthened institutional capacity for value-for-money budget management. Implementation requires strong political commitment, effective inter-governmental coordination, and robust information systems to achieve fiscal efficiency without sacrificing public service quality.
Examining Bank Health Ratings and Their Impact on Non-Performing Financing in Indonesian Islamic Banks Rahmadani, Suci
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.378

Abstract

The relationship between Islamic Commercial Bank health indicators and non-performing financing requires careful examination amid recent economic volatility. Researchers analyzed quarterly financial data from eleven Indonesian Islamic Commercial Banks spanning 2019-2024 using panel data regression through E-views software, employing the RGEC framework with Financing to Deposit Ratio (FDR), Return on Equity (ROE), Operating Expense to Operating Income Ratio (BOPO), and Capital Adequacy Ratio (CAR) as independent variables, while Non-Performing Financing (NPF) served as the dependent variable. Statistical analysis reveals that FDR, ROE, BOPO, and CAR jointly lack predictive power for NPF variations, with the model explaining merely 3.079% of variance (Adjusted R-Square). Individual variable testing identifies FDR as the sole significant predictor, demonstrating an inverse relationship with NPF—higher financing distribution correlates with lower default rates when lending remains selective, whereas ROE, BOPO, and CAR show no meaningful association with non-performing financing levels. These findings challenge conventional assumptions about financial ratio utility in predicting credit quality deterioration, as the model's weak explanatory power suggests internal financial metrics alone offer insufficient understanding of NPF dynamics. Future research should integrate external determinants including macroeconomic indicators, regulatory policy shifts, and institutional risk management practices to develop more robust predictive frameworks for Islamic banking credit risk.

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