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Vifada Assumption Journal of Law
Published by Yayasan Vifada Cendikia Indonesia
ISSN : -     EISSN : 29871263     DOI : https://doi.org/10.70184/g99fyy65
Core Subject : Humanities, Education,
Humanities Other
Vifada Assumption Journal of Law encourages courageous and bold new ideas, focusing on contribution, theoretical, managerial, and social life implications. Vifada Assumption Journal of Law welcomes papers, These may include but are not limited to : Employment, and food, as well as the advantages and disadvantages of globalization from transnational and global perspectives. various fields such as civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, Gender and poverty, Governance Law Science Social policy, Social development, Social and health governance, Social welfare, Social Security Social Protection Sustainability Development Goals (SDG) The Vifada Assumption Journal of Law seeks to publish articles that address the intersections of social issues, law science, governance, politics, and policies at various levels or scales — transnational social movements and non-governmental organizations; international intergovernmental organizations, and world-regional and transregional intergovernmental institutions and groupings — using a global or transnational analytical framework. Focusing on aspects of social policy and social governance and factors of globalization and policy diffusion, broadly defined, in both contemporary and historical contexts, the journal serves academic and policy-making or advocacy audiences across the global North and South. Contributions from across all disciplines and fields of study from a wide range of theoretical and political perspectives are strongly encouraged.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 74 Documents
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Reassessing Consumer Protection in Digital Markets: Information Asymmetry as Epistemic Injustice in Indonesia and the Philippines Nurlaily Nurlaily; David Tan; Febri Jaya; Nur Fatihah
Vifada Assumption Journal of Law Vol. 3 No. 2 (2025): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/ggab5b91

Abstract

Purpose: This study examines whether information asymmetry in digital markets can be understood as a form of epistemic injustice and to assess how the consumer protection frameworks of Indonesia and the Philippines respond to this problem. Research Design and Methodology: This research employs the normative legal research method and comparative approach, with epistemic injustice as the main philosophical, analytical lens. To supplement the analysis, the study utilizes key primary law sources, namely Law No. 8 of 1999 and Government Regulation No. 80 of 2019 from Indonesia; and Republic Act No. 7394 and the Internet Transaction Act of 2023 from the Philippines. Findings and Discussion: Information asymmetry is comprehensively identified as a form of testimonial and hermeneutical injustice that undermines consumers’ capacity as knowers. Normative analysis conclusively shows that both countries are reliant on general legal norms, incapable of philosophically and normatively capturing information asymmetry in today’s markets. In addition, deficiencies are also found in recent regulations, where algorithmic opacity and complaint-handling mechanism remain unaddressed. Implications: The study implies the need for comprehensive reform and proposes that legal development should move beyond broad fairness principles to operationalize specific digital safeguards, and clearer disclosures, along with verifiability and platform accountability standards.
Reassessing the Implementation of the 1962 New York Agreement in West Papua: A Study on Treaty Compliance within the Framework of International Law Petrus Tekege; Silvony Kakoe
Vifada Assumption Journal of Law Vol. 3 No. 2 (2025): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/qqfwfr16

Abstract

Purpose: This study reassesses the implementation of the 1962 New York Agreement in West Papua by examining its compliance with international treaty obligations and the principle of self-determination within the framework of international law. It aims to evaluate whether the Agreement was executed in accordance with its normative commitments and to identify the legal implications arising from its implementation. Research Design and Methodology: This research employs a normative-doctrinal legal approach supported by historical and juridical analysis. Primary legal materials include the 1962 New York Agreement, United Nations General Assembly Resolution 2504 (XXIV) of 1969, and the Vienna Convention on the Law of Treaties (1969). These sources are complemented by scholarly articles, official United Nations reports, and archival records. The study utilizes textual, contextual, and teleological interpretations to assess treaty performance, the principle of good faith, and compliance with international legal standards. Findings and Discussion: The findings reveal a significant gap between the normative commitments of the New York Agreement and its practical implementation. Although the Agreement formally guaranteed the right to self-determination, the 1969 Act of Free Choice did not fully conform to internationally accepted standards, particularly regarding popular participation, procedural legitimacy, and genuine expression of political will. The consultative voting mechanism, limited involvement of indigenous Papuans, and Cold War geopolitical pressures influenced the process. Furthermore, United Nations General Assembly Resolution 2504 (XXIV) merely acknowledged the outcome without explicitly endorsing its conformity with democratic self-determination, thereby raising enduring questions concerning treaty compliance and legal legitimacy. Implications: This study contributes to international legal scholarship by offering a doctrinal reassessment of treaty compliance and self-determination in decolonization processes. It underscores the importance of good faith, transparency, and adherence to international legal norms, while providing theoretical insights and practical recommendations for strengthening the legitimacy, accountability, and interpretative integrity of international agreements.
Mining Transformation Towards a Green Economy : A Normative Analysis of the Legal and Environmental Governance Framework in Indonesia Mas Subagyo Eko Prasetyo; Giyarni; Cut Fitriyani Meilita; Mas Rara Tri Retno Heryani; Alwan Hadiyanto; Linayati Lestari
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/277yf367

Abstract

Purpose: Indonesia’s mining sector holds a strategic position in national development and the energy transition, but it also generates significant ecological and social pressures. This study examines how mining can be repositioned as an instrument of the green economy through the strengthening of legal norms and environmental governance in Indonesia. Research Design and Methodology: This study employs normative legal research using statute, conceptual, and limited comparative approaches. The legal materials consist of legislation on mineral and coal mining, environmental protection and management, reclamation and post-mining obligations, low-carbon development policies, and scientific literature on the green economy, sustainable mining, and natural resource governance. These materials are analysed through qualitative normative analysis. Findings and Discussion: The study finds that Indonesian law provides a normative basis for integrating sustainable development, environmental protection, social justice, reclamation, and public participation into mining governance. However, its implementation remains constrained by regulatory fragmentation, institutional overlap, weak enforcement, limited incentives, and unequal community protection. The article argues that green mining governance requires legal strengthening, institutional harmonization, technological innovation, economic incentives, and collaborative accountability involving the state, business actors, local communities, and epistemic communities. Implications: As a normative framework for green mining governance in Indonesia, this study connects its findings with practical contributions for policymakers, regulatory agencies, and law enforcement agencies. The study integrates mining law, environmental governance, sustainable development, and community protection as a basis for more responsible natural resource policies and future legal reforms in the mining sector.
Anti-Money Laundering Regulations in the Crypto-Based Fintech Sector of Indonesia and Malaysia: Lessons from the European Union Triana Dewi Seroja; Elysia Monica Anggelina; Tantimin Tantimin
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/6f0gqs33

Abstract

Purpose: This study aims to analyze and compare anti-money laundering (AML) regulations in the crypto-based fintech sectors of Indonesia and Malaysia, using the European Union (EU) as a benchmark for best practices. The EU is chosen as a benchmark primarily due to potential concrete lessons from the MiCA framework and AML Directives. This benchmark also serves as the main element of novelty, as it combines comparative analysis of Indonesia and Malaysia with the assessment of the EU’s regulatory advantages under its harmonized crypto-asset regulatory model. Research Design and Methodology: The research employs a normative doctrinal legal method with statutory, comparative, and conceptual approaches, relying on qualitative analysis of secondary legal materials. Findings and Discussion: The findings reveal that although Indonesia and Malaysia have established AML frameworks, both face significant challenges in regulatory effectiveness, particularly due to fragmented supervision, limited coordination, and gaps between regulation and implementation. In contrast, the European Union demonstrates a more comprehensive and harmonized regulatory model through instruments such as MiCA and AML Directives, which enhance transparency, cross-border cooperation, and regulatory adaptability. Implications: These findings imply that Indonesia and Malaysia need to adopt and contextualize EU best practices by strengthening institutional integration, improving regulatory coherence, and enhancing compliance mechanisms to ensure a more effective and resilient AML regime in the evolving digital financial landscape.
Does Indonesia’s Job Creation Law Promote Decent Work? An Ex Post Regulatory Impact Analysis of Employment Reform and SDG 8 Alignment Mohammad Arif; Rizki Ramadani; Aan Aswari
Vifada Assumption Journal of Law Vol. 3 No. 2 (2025): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/j34sbe70

Abstract

Purpose: This study examines whether Indonesia’s Job Creation Law promotes decent work under SDG 8 through an ex post RIA framework. Research Design and Methodology: Using juridical-normative legal research supported by secondary labour data, this study analyses statutory provisions, implementing regulations, Constitutional Court jurisprudence, policy reports, labour statistics, and academic literature. The analysis compares the law’s objectives of regulatory simplification, labour market flexibility, and job creation with five decent work indicators: productive employment opportunities, job stability and security, adequate earnings and fair working conditions, social protection, and labour rights and social dialogue. Findings and Discussion: The findings show that the law has contributed to formal regulatory simplification and quantitative employment growth. However, its alignment with SDG 8 remains limited because expanded fixed-term contracts, outsourcing flexibility, reduced termination costs, wage pressures, selective job loss protection, and weak social dialogue increase the risk of precarious work. Implications: This study recommends institutionalising SDG 8-based ex post RIA so that future labour law reforms assess not only job numbers, but also job quality, legal protection, social security, and substantive worker rights.
Mediation as an Instrument for Sustainable Business Dispute Resolution Based on the Principles of Corporate Sustainable Development Ummi Maskanah; Al Fadillah Walduda’ini
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/h3d7ze91

Abstract

Purpose: Business complexity increases disputes, while litigation is costly, time-consuming, adversarial, and risks damaging long-term relationships. This study analyses mediation’s legal position and mechanism in Indonesian business dispute resolution and its role in supporting Corporate Sustainable Development. Research Design and Methodology: This study uses descriptive-analytical legal research based primarily on a doctrinal or normative legal approach through statutory and conceptual approaches, supported only by limited empirical data. Primary legal materials are Law No. 30 of 1999 and Supreme Court Regulation No. 1 of 2016. Secondary materials include books, journal articles, and legal doctrines on mediation, alternative dispute resolution, business law, and corporate sustainability. Supporting empirical data were obtained from legal practitioners and mediators involved in business disputes and analysed qualitatively with the legal materials. Findings and Discussion: Mediation has a strong legal basis as a fair, flexible, confidential, and efficient mechanism. It supports Corporate Sustainable Development by preserving business relationships, protecting confidentiality, encouraging voluntary compliance, ensuring legal certainty, and strengthening responsible governance. Implications: This study positions mediation as a strategic legal instrument for sustainable business dispute management and recommends stronger mediation regulation, mediator competence, and mediation clauses in corporate governance policies.
Risk Justice in Non-Profit Sharing Contracts in Indonesian Islamic Banking from the Perspective of Maqashid Shariah Sahban; Zainuddin; Wahida
Vifada Assumption Journal of Law Vol. 3 No. 2 (2025): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/zeqqbn18

Abstract

Purpose: This research analyzes risk justice in non-profit sharing contracts in Indonesian Islamic banking from the perspective of maqashid shariah, particularly in relation to murabahah, ijarah, and istishna contracts. Research Design and Methodology: This research uses a normative legal method with statute and conceptual approaches. The analysis examines Islamic banking regulations, DSN-MUI fatwa, Islamic legal principles, and scholarly literature to assess whether the structure of non-profit sharing contracts reflects proportional, transparent, and substantive risk distribution. Findings and Discussion: The study finds that the dominance of non-profit sharing contracts in Indonesian Islamic banking has created a risk distribution problem, especially when contractual clauses and financing practices tend to shift economic burdens to customers while banks retain predetermined margins. This condition weakens the substance of sharia contracts and may contradict the principles of al-ghunm bil ghurm and al-kharaj bil dhaman. From the maqashid shariah perspective, particularly hifzh al-mal, risk justice must be reconstructed through distributive, procedural, and substantive justice. The proposed normative reconstruction requires clearer contract clauses, stronger regulatory standards, consistent DSN-MUI fatwa implementation, effective OJK supervision, and an active role of the Sharia Supervisory Board. Implications: This research contributes a normative reconstruction model for strengthening risk justice in Indonesian Islamic banking so that sharia contracts are not only formally valid but also materially fair and aligned with maqashid shariah.
Land Registration Dualism in Indonesia: Normative Legal Analysis and Policy Framework Novina Sri Indiraharti; Dhany Rahmawan
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/1tayf278

Abstract

Purpose: Indonesia’s land registration system continues to experience structural dualism arising from the coexistence of customary law and national statutory law, resulting in legal uncertainty and recurring land conflicts involving indigenous communities. This study aims to systematically analyse the legal implications of land registration dualism and to formulate a normative legal framework for the recognition of indigenous land rights. Research Design and Methodology: The research employs a normative legal method using statute, case, and historical approaches, within a Critical Legal Studies framework to examine structural legal inequality. The analysis is framed within the Critical Legal Studies perspective, which views law as a product of power relations that may marginalise customary legal systems. Findings and Discussion: The findings indicate that dualism persists due to the absence of clear procedural and institutional mechanisms for recognising and registering customary land within the national system. In response, this study proposes six policy strategies, including formal recognition of indigenous land rights, development of communal certification mechanisms, adoption of legal pluralism, simplification of registration procedures, establishment of a dedicated institution, and integration of customary land data into the national system. Implications: This study offers a normative and structured legal reform model that positions legal pluralism as an operational framework, while also providing practical direction for agrarian law reform through the formal recognition of indigenous land rights, the institutional accommodation of customary land registration, and the strengthening of legal certainty within the national land administration system.
The Illusion of Women’s Substantive Representation: Normative Vacuum in Committee Assignments of the Central Java Provincial DPRD Ristina Yudhanti; Krisna Eka; Ani Purwanti; Edvardas Juchnevicius; Rengga Kusuma Putra
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/y219ez20

Abstract

Purpose: This study examines how the normative vacuum in the Rules of Procedure of the Central Java Provincial DPRD undermines women’s substantive representation within committee assignments and formulates institutional reforms to address the resulting pattern of gendered portfolios and glass walls. Research Design and Methodology: This normative legal research employs a statutory approach, a conceptual approach grounded in Feminist Jurisprudence and institutional sociology, and a case approach to analyze the internal legal structure governing the Parliamentary Completeness Apparatus (AKD). Findings and Discussion: The findings show that the absence of binding rules on proportional distribution leaves committee assignments to factional discretion, producing gendered portfolios through the concentration of women in welfare-related committees and reinforcing glass walls that limit their access to strategic budgetary and infrastructural bodies. This condition demonstrates that women’s electoral presence in the DPRD has not yet been translated into substantive representation within the AKD. Implications: The study therefore recommends institutional engineering through binding amendments to the Rules of Procedure, including cross-commission distribution, mandatory women’s representation in the Budget Committee, and proportional leadership arrangements within the AKD in line with Constitutional Court Decision Number 169/PUU-XXII/2024.
Copyright Regulation of AI-Generated Works : A Comparative Study of Indonesia, the United States, and Germany Agustianto; Sherney Z.; Hari Sutra Disemadi
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/54n6fg88

Abstract

Purpose: This study examines copyright regulation in the era of AI through a comparative legal analysis between Indonesia, the United States, and Germany, with the primary aim of analyzing how the copyright regulatory frameworks in the three countries accommodate AI-generated works and to identify regulatory gaps that may hinder legal certainty in the context of generative AI. Research Design and Methodology: This study uses normative legal research methods with statutory and comparative legal approaches, analyzing legal implications of AI-generated works and conducting an assessment of the relevant primary law sources.  Findings and Discussion: Findings highlight that Germany stands out as the most advanced through the amendment of UrhG and the adoption of the DSM Directive, while the United States follows with clear output regulation through USCO policies. Indonesia lags behind, still relying on Law No. 28 of 2014’s rather classical understanding of copyrights. The research identifies two major gaps that create legal challenges: regulatory preparedness and legal uncertainty around output and input layers. Implications: This study recommends a two-layer reform direction for Indonesian copyright law by proposing clearer rules on AI-generated outputs and the use of copyrighted works as AI training inputs, drawing from the United States’ human authorship and Germany’s text and data mining framework. The contribution of this study lies in its addition to the growing body of literature around generative AI in the legal sphere and practical implications for future legal development.

Page 7 of 8 | Total Record : 74

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