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JILS (Journal of Indonesian Legal Studies)
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 25481592     DOI : https://doi.org/10.15294/jils
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JILS (Journal of Indonesian Legal Studies) is a peer reviewed journal published biannual (May and November) by Faculty of Law, Universitas Negeri Semarang. JILS published both Printed and Online version (Print ISSN 2548-1584, Online ISSN 2548-1592). JILS is intended to be the journal for publishing of results of research on law both empirical and normative study, especially in contemporary legal issues. The various topics but not limited to, criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law, in the framework of Indonesian legal systems and Indonesian legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 62 Documents
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Legal Politics in Combating Corruption During Indonesia's Era of Regional Autonomy Simamora, Janpatar; Manik, Risma Elfrida Esther
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.3885

Abstract

Efforts to eradicate corruption have not been fully effective, especially after the implementation of regional autonomy, where corruption cases have increased significantly. This paper examines the key factors driving corruption in decentralized governance, particularly in Indonesia, and evaluates the effectiveness of legal policies implemented by the government. Using a normative juridical research approach with a descriptive-analytical method, this study identifies three major contributors to corruption under regional autonomy: excessive authority without adequate oversight, high political costs, and self-serving governance among regional officials. Despite the establishment of various anti-corruption regulations, the enforcement mechanisms remain inconsistent and ineffective. The paper argues that the success of anti-corruption policies requires not only legal reforms but also institutional commitment, ethical governance, and structural enforcement mechanisms. Legal politics should be directed toward strengthening monitoring systems, improving governance capacity, and ensuring strict legal enforcement to create a deterrent effect.
The Role of Religious Courts in Settling Sharia Economic Disputes in Indonesia: Genealogy Analysis of Constitutional Court Decision Number 93/PUU-X/2012 Susylawati, Eka; Susanti, Dyah Ochtorina; Hamzah, Moh.; Madani, Nadea Nur Shofia
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.12564

Abstract

For more than five decades (Since the implementation of Law Number 3 of 2006, which expanded the jurisdiction of religious courts to resolve Sharia economic disputes, there have been various debates regarding the effectiveness and implementation of this policy. Constitutional Court Decision Number 93/PUU-X/2012 clarified the legal position of religious courts, affirming their exclusive authority to adjudicate Sharia economic disputes. Therefore, this research provides an examination of the evolution of Religious Courts and their authority in resolving Sharia economic disputes following Constitutional Court Decision Number 93/PUU-X/2012, and the implications of implementing this decision. This study is normative research using historical, statutory, and conceptual approaches. The findings of this study indicate that the constitutional evolution of Religious Courts in resolving Sharia economic disputes in Indonesia has made significant progress. Their jurisdiction has been expanded by laws such as Number 3 of 2006 and Number 50 of 2009, which grant authority in Sharia economics and Sharia banking disputes. Constitutional Court Decision Number 93/PUU-X/2012 eliminated the legal dualism of the controversial provisions in Law Number 21 of 2008, ensuring legal clarity and consistency in upholding justice in Sharia economic cases. Following Constitutional Court Decision Number 93/PUU-X/2012, Religious Courts in Indonesia possess absolute authority in resolving Sharia economic disputes. The resolution of Sharia economic disputes by Religious Courts is expected to provide justice and welfare for the parties involved in the disputes.
Reevaluating the Principle of Legal Fiction: Balancing Legal Certainty and Social Justice Said, Muhtar; Fadli, Moh.; Widiarto, Aan Eko; Al-Uyun, Dhia
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.13388

Abstract

The principle of legal fiction is widely recognized for its role in legitimizing laws and ensuring legal certainty. However, while it contributes to the stability and predictability of legal applications, it also has inherent weaknesses that may lead to unjust outcomes, particularly for vulnerable groups who are unaware of the law. In the context of Indonesia’s vast territory, the lack of widespread socialization and public awareness of new legal regulations exacerbates these issues. Consequently, individuals, especially from lower socioeconomic classes, may become inadvertently entangled in legal processes due to their ignorance of applicable laws, leading to potential injustices. The principle of legal fiction, therefore, may inadvertently serve as a tool of oppression, particularly when used to position suspects as defendants without adequate awareness or understanding of their legal rights. This paper argues for a re-evaluation and improvement of the principle to ensure a more just and transparent application. A more nuanced approach is needed, distinguishing between its absolute application in criminal cases and its non-absolute use in regulatory offenses. By refining the concept of legal fiction, we can enhance both its legitimacy and its capacity to uphold justice for all members of society.
Is the Legislator in the Constitutional Court? Examining the Tension Between Judiciary and Democracy in Indonesia Muttaqin, Labib; Omara, Andy; Atmoredjo, Sudjito; Fikri AR, M
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.13494

Abstract

In cases of judicial review, the extension of the Constitutional Court's authority from negative to positive legislators contests the potential conflicts with democratic institutions, particularly parliament and the government. This study aims to analyze four key aspects: the legitimacy of the Constitutional Court in making Positive Legislature decisions, the conflicts that emerge between democratic institutions and the Constitutional Court due to the issuance of positive legislature decisions, Constitutional Courts as positive legislators in a comparative study, and the efforts undertaken to resolve conflicts. The research utilized a doctrinal legal research method, relying on secondary data gathered across literature pieces and analyzed qualitatively. The findings reveal that the Constitutional Court's decision to take on a positive legislator role has sparked conflicts between the courts and democratic institutions in Indonesia. This conflict was exemplified when parliament and the government withstand Constitutional Court Decision No. 91/PPUU-XVIII/2020, which declared certain provisions of Law No. 11 of 2020 on Job Creation somehow conditionally unconstitutional. Viewed from a global perspective, the Constitutional Court's role as a positive legislator also challenges democracy issues in many countries. To mitigate such conflicts, it is crucial to establish a mutual understanding among the Constitutional Court, parliament, and the government regarding the guidelines that the Constitutional Court should follow while making positive legislature decisions and the implementation by parliament and the President.
Legal Analysis of Transparency on the Implementation of The ASEAN Trade in Services Agreement (ATISA) Koesrianti, Koesrianti; Tanega, Joseph
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.13530

Abstract

In international trading system, trade in services covers a wide range of intangible and heterogeneous products and activities which making it complex in the implementation phase. Association of Southeast Asian Nations (ASEAN) had established a progressive agreement on trade in services, the ASEAN Trade in Services Agreement (ATISA) that brings trade liberalization on services by recognizing progressive negative list approach. Nevertheless, there is no clear framework on how this agreement will be applied as ASEAN Member States (AMS) have difference economic policies considered the complexities of services sector. This paper aims to explore the regulation on trade in services, in particular the legal analysis of transparency of the implementation of the negative list approach brought by ATISA. This new agreement has a built-in agenda for AMS to convert their previous commitments of positive approach under ASEAN Framework Agreement on Services (AFAS). This paper is a doctrinal research based on secondary data by analysing the existing international legal instruments on trade, ASEAN agreements and policies on the liberalization of trade in services in the context of the ASEAN single market and production base as well as epicentre of growth. Despite its’ potential benefits of ATISA, this article identifies substantial challenges in implementing newly trade in services agreement in ASEAN. This article argues that ASEAN still needs improving the regulatory standards for the service sector and reducing the unnecessary barriers to service trade within ASEAN, as well as increasing the respective regulatory transparency in each AMS.
Establishing Indonesia’s Personal Data Protection Agency: Comparative Administration Sanctions Enforcement from Ireland, Australia, and Singapore 'Aisy, Firsta Rahadatul; Maskur, Muhammad Azil; Amiruddin, A.M Adzkiya'
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.13755

Abstract

In the digital era, technological advancements have enabled governments and corporations to streamline services and expand market reach, often leading to the collection and transfer of personal data without the knowledge of data subjects. This poses significant risks to constitutional rights. Indonesia’s Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) aims to address these risks, yet frequent data breaches indicate ineffective enforcement of administrative sanctions due to the absence of an independent authority. This study analyzes the urgency of establishing a Personal Data Protection Agency in Indonesia, evaluates current sanctions under the PDP Law, and compares the enforcement mechanisms of data protection agencies in Ireland, Australia, and Singapore. Using a normative legal approach with qualitative methods, the research finds that these countries’ independent agencies effectively enforce data protection laws and administrative sanctions. The study reveals significant enforcement shortcomings in Indonesia, underscoring the need for a dedicated authority to prevent violations and protect personal data rights. By adopting best practices from Ireland, Australia, and Singapore, Indonesia can enhance its data protection framework. Immediate action by the President to establish this authority through a Presidential Regulation is crucial for safeguarding personal data in the digital age.
Is the Paradigm of Tabellionis Officium Fideliter Exercebo Aligned with the Cyber Notary Concept in Indonesia’s Public Notary Development? Resen, Made Gde Subha Karma; Dewi , Ni Putu Kompiang Ratna
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.14126

Abstract

The concept of the cyber notary emerged to address the need for legal recognition and to resolve issues regarding electronic transactions. The rise of electronic transactions defined by remote exchanges, along with the advancements of the 4.0 Industrial Revolution—characterized by automation and digitalization—has driven the development of various technological adaptations in notarial practices in Indonesia.  However, notaries, in performing their duties and authority, are bound by the principle of Tabellionis Officium Fideliter Exercebo. This principle requires notaries to work traditionally. The problems discussed in this research are: (1) What is the concept of cyber notary from a comparative perspective? and (2) Is the Paradigm of the Principles of Tabellionis Officium Fideliter Exercebo in line with the concept of cyber notary? This scholarly article employs normative legal research, utilizing a statutory approach, a conceptual approach, and a comparative approach. Neither France nor the United States uses the term of 'cyber notary' or 'electronic notary' as these concepts were initially conceived to address issues related to electronic transactions. In Indonesia, the term 'cyber notary' has been adopted to study various technological adaptations in notarial work, resulting in misunderstanding of the terminology and its intended meaning. This has confused cyber notary research. The concept of the cyber notary is not directly aligned with the principle of Tabellionis Officium Fideliter Exercebo. Instead, technological adaptations in notarial work should be explored under the framework of Modernization of Notarial Practice,' while maintaining adherence to the Tabellionis Officium Fideliter Exercebo principle.
ChatGPT and Legal Education in Indonesia: Examining Readiness and Implications Al Asyari, Haekal; Halim, Hanif Abdul; Roselynn Nikita Tan, Rachelle Amadea
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.19338

Abstract

ChatGPT has demonstrated significant development and found practical applications in legal education. Due to its usability, accessibility, and rapid development, ChatGPT is expected to enhance students' and lecturers’ experience, improve legal research, personalize learning, and offer real-time feedback and support to students. Some countries have even imposed restrictions on the use of ChatGPT. In Indonesia, ChatGPT has gained significant traction, making it crucial to examine its implications for legal education. This empirical study found that despite optimistic projections in scholarly literature, Indonesian law schools remain skeptical about ChatGPT’s role in legal studies and teaching. In terms of readiness, while ChatGPT is actively used in legal research, case and law analysis, legal writing, and examinations, its integration into legal education lacks institutional policies, curriculum adjustments, and sufficient digital literacy programs. While lecturers have experimented with AI more frequently, students are its primary users. The implications of ChatGPT’s use include concerns over plagiarism, academic integrity, and its potential to hinder critical thinking, alongside its limitations in handling complex legal reasoning. However, ChatGPT has already reshaped legal education, influencing students’ approaches to legal research, writing, and assessments, as well as lecturers’ methods of preparing teaching materials and evaluations. These findings highlight the need for law schools to establish AI governance frameworks, modify assessment methods, and enhance digital literacy to ensure ChatGPT’s responsible and effective integration into legal education.  
Regulating Fintech in the CBDC Era: Addressing Competitive Fragility and Preserving State-Owned Banking Stability Pati, Umi Khaerah; Indrajat, Heri
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.19342

Abstract

This study investigates the possible consequences of Indonesia's Digital Rupiah on the future landscape of banks and FinTech companies. Our findings indicate that the advent of Central Bank Digital Currencies (CBDCs) may create an unlevel playing field between banks and FinTech firms. With the potential for intermediaries, including banks and non-bank institutions, to gain wholesale access to the Digital Rupiah, heightened competition could ensue, posing a risk to the stability of commercial banks, even extending to state-owned entities. Policymakers in Indonesia must create fair policies that promote competition among all stakeholders while strategically positioning state-owned banks to ensure economic stability and sovereignty. Drawing inspiration from Niklas Luhmann's framework of law as a social system, which emphasizes the balance between openness and closedness, and incorporating Julia Black's principle-based approach to regulation, we propose a regulatory framework and interaction pattern between bank and fintech. This framework aims to strike a balance between the needs of banks and FinTech firms by integrating elements of entity-based and activity-based regulation.
From Regulation to Realization: Legal Analysis of Electric Vehicle Policy in Indonesia, India, and Thailand Widhiyanti, Hanif Nur; Prabowo, Ipop Abdi; Mohd. Hussein, Safinaz
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.19670

Abstract

National electric cars play a strategic role in achieving the Sustainable Development Goals. Challenges in developing nationally electric-based cars include infrastructure, regulations, and the readiness of the domestic industry to adopt new technologies. This article examines the challenges and opportunities within Indonesian law to develop a national electric car industry. This article is a legal study with a comparative approach focusing on India, Thailand, and Malaysia to identify best practices in their national electric car policy frameworks. The study reveals that Presidential Regulation No. 79 of 2023 on Electric Motor Vehicles is a stage to support sustainable development and a commitment to international environmental law such as the Paris Agreement. Although the Domestic Component Level policy has faced criticism in the context of global trade, this approach can be justified under international law if it aims at environmental protection, is proportionate, and is not discriminatory. This aligns with the WTO jurisprudence in the 2012 China-Raw Materials case and the recognition that Article XX of GATT allows countries to implement environmentally friendly policies. Thus, domestic component level protection is not protectionism but a part of a 

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