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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 64 Documents
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Reassessing Consumer Protection in Digital Markets: Information Asymmetry as Epistemic Injustice in Indonesia and the Philippines Nurlaily, Nurlaily; Tan, David; Jaya, Febri; Fatihah, Nur
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.
The Implementation of the 1962 New York Agreement in West Papua: An International Law Perspective Tekege, Petrus; Kakoe, Silvony
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

This study examines the legal and historical implications of the dispute between the Papuan people and the implementation of the New York Agreement signed on 15 August 1962. The agreement, which regulated the transfer of authority over West New Guinea, has generated long-standing political debate and has been associated with human and material losses in Papua. Various reports and documentary evidence indicate that allegations of human rights violations have occurred periodically in the region. This research employs a descriptive–analytical method using an empirical juridical approach. The study combines normative legal analysis of international legal instruments related to the New York Agreement with empirical data derived from legal documents, historical records, and relevant secondary sources in order to evaluate the implementation of the agreement in practice. The results show two major findings. First, the drafting and signing of the New York Agreement in 1962 did not involve direct participation from representatives of the Papuan population. Many Papuans became aware of the agreement only after the transfer of administrative authority from the United Nations Temporary Executive Authority (UNTEA) to Indonesia on 1 May 1963 and during the implementation of the Act of Free Choice in 1969. Second, the implementation of the Act of Free Choice has been widely debated, particularly regarding its conformity with the principle of self-determination contained in the New York Agreement. This situation has contributed to continuing political grievances and ongoing discussions within the framework of international law and human rights.
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.

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