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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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The Constitutionality of E-Voting in the Transformation of Digital Democracy: A Normative Analysis and Implications for Electoral Legitimacy Arifin, Firdaus; Maarif, Ihsanul; Suryana, Cece; Permana, Fikri Chandra; Murbani, Anastasia Wahyu
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.v10i1.21193

Abstract

Digital technology has changed many parts of life, including how democracies and elections work. Electronic voting, or E-Voting, is a new idea that could make elections better and more open for everyone. But Indonesia still has big problems with putting it into practice. These problems involve legal issues, technical difficulties, and whether people trust elections that use technology. This study looks at if E-Voting fits Indonesia's constitution, what the main problems are, and what other countries do that Indonesia could use. This research uses legal analysis, comparing different systems, and looking at ideas about democratic rules. The results show that Indonesia does not have clear rules for digital elections. This causes problems with legal certainty and could lead to arguments about election results. Also, online security risks and differences in how well people understand technology are important things that could affect how well E-Voting works. The study also found that countries like Estonia, Switzerland, and Brazil have used E-Voting well. They did this by using strong digital checks, strict rules, and independent groups to watch over the process. This study suggests that E-Voting could make Indonesia's democracy more modern. However, it must be put in place slowly, with good rules, and with programs to teach people about digital technology. So, changing laws, making online security better, and teaching voters are important steps. These steps will help make sure that changing to digital elections supports democratic ideas, fair elections, and the power of the people.
Unveiling the Illicit Trade: Legal Perspectives on Lobster Seed Smuggling in Batam City Shahrullah, Rina Shahriyani; Ong’eta, Wyclife; Nurlaily, Nurlaily; Santoso, Topo; Zin, Hakimah Muhammad; Ramadhani, Mochamad Rizki
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.v10i1.1577

Abstract

Despite the recent government legal updates, lobster seed smuggling remains a lucrative business in Batam City. This study aims to analyze the linkage of international and national laws with Batam City's efforts in combating lobster seed smuggling. It also examines the roles and challenges faced by the stakeholders in Batam City in tackling this issue. Utilizing empirical legal research and socio-legal approaches, the study relied on both secondary and primary data, incorporating literature studies and interviews with the Criminal Investigation Unit of Barelang City Police and the Batam Fish Quarantine Station. Qualitative analysis, guided by Mochtar Kusumaatmadja's Development Law Theory found that the Minister of Maritime Affairs and Fisheries Regulation No. 7 of 2024 has not stopped lobster seed smuggling via sea from Batam City to neighboring countries. It is concluded that this smuggling has an international dimension; consequently, CITES, UNCLOS, and UNTOC can serve to address the relationship between international law and local issues. Stakeholders in Batam City have implemented efforts by collaborating with stakeholders at the local, national, and international levels. Yet, they still encounter challenges, including educating the public. In response to these challenges, the best practices from Hong Kong, Australia, and Vietnam can be adopted by stakeholders in Batam City. They could also serve as references for other regions in Indonesia facing similar challenges. It is also concluded that Batam City's efforts to combat lobster seed smuggling offers key lessons, highlighting the need for legal reforms and broad collaboration involving the local community at all levels.
Navigating the Political Economy Trilemma in the ASEAN Economic Community: A Legal Perspective Abdillah, Ali
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.5417

Abstract

This article examines the challenges impeding effective regional economic integration in ASEAN through the ASEAN Economic Community (AEC). It does so by using Dani Rodrik's political economy trilemma theory as a conceptual framework. This analysis shows that ASEAN is currently stuck in the trilemma between hyperglobalization, nation-state, and democratic politics, leading to ineffective regional economic integration. Rodrik proposes that the solution to the political economy trilemma is not maximum globalization or economic integration but, instead, a smart form of globalization or of economic integration. This “smart form” contains a thin layer of international law that facilitates flexibility towards a country to maintain its national sovereignty. However, this article hypothesizes that this solution is underdeveloped as it lacks the legal details required to implement the smart form of globalization or economic integration. Specifically, the political economy trilemma framework does not provide the necessary legal mechanisms required to implement safeguard measures effectively and to navigate the principle of non-interference in intergovernmental contexts like ASEAN. This article aims to fill the legal gap by analyzing the legal dimension of the AEC through the lens of Rodrik's political economy trilemma. Thus, by applying Rodrik’s political economy trilemma, this article provides legal insights as thought directions for operationalizing the smart legal framework required to address the political economy trilemma, such as moving beyond the principle of non-interference, reforming the AEC institutional framework, and establishing safeguard measures within the AEC legal framework.
The Limits of Contractual Freedom: Analyzing the Admissibility and Exceptions of Agreements Limiting or Excluding Tort Liability under French Civil Law Mallet, Pierre; Nassar, Hala
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.6760

Abstract

Under French civil law, agreements that exclude or limit tort liability have traditionally been deemed null and void on grounds of public order, in stark contrast to the broad contractual freedom permitted in contractual liability. This paper examines the core legal question of when, if ever, such clauses may be valid, analyzing the narrow exceptions emerging in doctrine, jurisprudence, and, most significantly, the 2020 draft reform of French civil liability. The study identifies three key exceptions to the general prohibition: (1) clauses remain invalid in cases of gross negligence or intentional wrongdoing; (2) any exclusion or limitation of liability for bodily injury is categorically prohibited; and (3) consumer protection rules, particularly under EU-inspired unfair terms legislation, further restrict enforceability in B2C contexts. While current law maintains a rigid prohibition, the proposed reform (Articles 1284-1286) tentatively embraces the principle of validity, albeit confined largely to no-fault or vicarious liability scenarios, marking a pivotal shift toward aligning French law with comparative legal trends. The paper critically assesses this evolution, weighing the tension between contractual autonomy and the protective imperatives of tort law.
Criminal Acts of Corruption by State Officials in Procurement of Goods and Services: Study of the Role of Justice Collaborators and Whistleblowers in the Age of Technology Alfitra, Alfitra; Rambe, Mara Sutan; Yanto, Oksidelfa; Bahtiar, Ahmad
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.8341

Abstract

This study aims to determine and analyze the role of justice collaborators and whistleblowers in corruption in the procurement of goods and services carried out by state administrators and to determine the forms of corruption that occur in the procurement of goods/services. The research method used is normative legal research through a legislative approach and a conceptual approach. The results of this study found several problems, namely; There is a need for unification of perceptions and synchronization of regulations that apply to law enforcement officers in understanding aspects of witness protection related to legal collaborators and violation reporters. The most common forms of deviation in the government procurement of goods/services that can lead to corruption are: bribery, job combination, separation of duties, collusion between partners providing goods/services and procurement implementers, document falsification, waste of money. region/country, reducing the quantity and/or quality of coral/gauze, incorrectly determining the type of procurement contract for goods/services, contracts without available budget, setting their own estimated price that is too high.
Legal Aspects of Patient Data Governance in Digital Health: A Comparative Analytical Study of UAE and Indonesian Legislation Benseghir, Mourad; Zerara, Aouatef; Bentria, Maamar; Bendriss, Halima; Muhtar, Mohamad Hidayat
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.10025

Abstract

This study provides a comparative legal analysis of the United Arab Emirates (UAE) and Indonesia regarding the regulation of digital health technologies, particularly electronic medical records (EMR) and artificial intelligence (AI). It examines core legal dimensions including data security, patient consent, monitoring mechanisms, and data ownership. Although both countries have adopted ambitious digital health strategies, the UAE has developed a more comprehensive and integrated regulatory framework through Federal Law No. 2 of 2019 on the Use of Information and Communication Technology in Health Fields and the Personal Data Protection Law No. 45 of 2021. These instruments ensure stricter data protection, structured access control, encryption standards, and regular audit mechanisms. In contrast, Indonesia, despite the enactment of Minister of Health Regulation No. 24 of 2022 and Law No. 27 of 2022 on Personal Data Protection, still faces challenges in enforcement, interoperability, and accountability. The findings highlight the need for Indonesia to strengthen its legal and institutional infrastructure to ensure compliance, enhance data privacy, and promote patient trust in digital health systems. Drawing lessons from the UAE experience, the study proposes policy reforms aimed at aligning Indonesia’s legal framework with international standards and fostering a secure, ethical, and innovation-oriented digital health environment.
Constitutional Protections of Press and Media Freedoms in Jordan and Indonesia Amid Challenges from Artificial Intelligence and International Legal Frameworks AlOmran, Nayel; Rebhi, Tourkia
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.11010

Abstract

The Jordanian Constitution’s protection of press and media freedom faces significant challenges due to the growing body of legislation that criminalizes and punishes media related activities. With increasing regulations restricting freedom of expression, the question arises whether the constitutional framework in Jordan effectively safeguards press freedoms despite these constraints. The situation is further complicated by the influence of international law, which shapes media regulations globally, and a comparison with Indonesia’s legal approach highlights the similarities and differences in how both countries address media freedom and state control. In this context, the impact of artificial intelligence on journalistic integrity and media bias has become a crucial factor. AI technologies are increasingly being employed in Jordan to monitor, filter, and regulate media content, potentially influencing editorial independence and contributing to biased reporting, which raises significant concerns about the ethical use of AI in media regulation. The analysis reveals that while constitutional provisions theoretically protect press and media freedoms, the enactment of various laws, media regulations, and ministerial decisions often contradict these protections, placing significant control in the hands of the ruling authority. This situation is exacerbated by heavy penalties, including imprisonment and exorbitant fines, which restrict the ability of journalists and media outlets to operate freely. Also, some amendments to media laws seem to violate constitutional principles, posing a direct threat to the balance between state authority and media autonomy. In this study, the most important result that have been achieved: Freedom of the press and media is intrinsically linked to a broad range of civil and political rights, and it cannot be discussed in isolation. The protection of this freedom requires strong constitutional guarantees that align with both national laws and international standards. Legal protections must be in place to prevent unjustified restrictions that could limit press and media freedom.
Judicial Considerations of Parental Attitudes in Child Custody Disputes: An Empirical Analysis in Ghana Atupare, Peter Atudiwe; Yin, Elijah Tukwariba
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.16995

Abstract

The complexity of child custody disputes in family law has a significant impact on all parties involved, particularly the children. The effect of parental attitudes on custody decisions is substantial; however, very few empirical studies have focused on this issue. This paper examines the influence of parental attitudes on custody outcomes. Using the mixed-method approach, data were gathered from divorced parents, lawyers, and a judge. The analyzed data, through the lens of the Parental Responsibility Model, the Best Interests of the Child Standard, and established legal frameworks, emphasize the significance of emotional ties, daily care, and guidance on judicial outcomes in custody cases. It also emerged that parents who jointly prioritized their child’s needs were more likely to receive favourable custody decisions. The study concludes by emphasizing the need for a holistic approach to judicial decisions that accommodates the intricate relationship between parental emotional ties, daily care, and guidance.
Consensual Renegotiation of Contracts in Changed Circumstances: A Comparison of Qatari, Indonesian and Saudi Civil Laws Dawwas, Amin; Dodeen , Mahmoud
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.20726

Abstract

This paper tackles the issue of contract renegotiation due to changed circumstances that render performance of the obligor’s duties excessively onerous. Whereas Article 171(2) of the 2004 Qatar Civil Law (QCL) only acknowledges a judicial apparatus to restore contract equilibrium in changed circumstances (adaptation of contract by court), Article 97 of the 2023 Saudi Civil Transactions Law (SCTL) not only recognizes a judicial solution but also a consensual one (contract renegotiation), while the Indonesian Civil Code (ICC) fails to directly regulate hardship or consensual renegotiation. The main objective of this paper is to show the advantages of consensual renegotiation compared to adaptation of contract by court. The paper adopts descriptive, analytical, and comparative approaches to understand the reasons behind this consensual mechanism in SCTL (and QCL) and how it better serves the contracting parties’ interests. The Qatari/Saudi comparison serves as a basis for a proposed reform of the ICC. The conclusion states some important findings and recommendations. To keep the contract on solid footing and to better salvage the parties’ interests, some changes to the Qatari, Indonesian, and Saudi civil laws are proposed. The paper’s most significant recommendation is that Article QCL and ICC should expressly adopt the consensual renegotiation apparatus. Additionally, both Article 171(2) QCL and Article 97 SCTL should directly require the obligor to notify the obligee of the changed circumstances and should require the obligee to mitigate the obligor’s loss resulting from the changed circumstances. Finally, the ICC should formally adopt hardship and contract renegotiation by the parties.
Balancing Pharmaceutical Innovation, Protection for Local Industries, and Potential Evergreening: An Analysis of Indonesia's Patent Law Amendments Roisah, Kholis; Rahayu, Rahayu; Zaman, Muhamad Nafi Uz; Zainol, Zinatul Ashiqin; Mohd Zahir, Mohd Zamre
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.31175

Abstract

Recent changes to the Patent Law in Indonesia have sparked discussion regarding efforts to balance pharmaceutical innovation, protection of local industries, and the potential for evergreening practices. This study is a doctrinal research that uses a multi-approach analysis to examine the interaction between these variables in the context of Patent Law Number 65 of 2024. The study draws on literature reviews, theories and concepts related to drug patents, the pharmaceutical industry, the right to affordable medicine, and the evergreening. The research also includes an analysis of relevant laws and regulations, including the Patent Law before and after the amendment, to identify the changes and the underlying legal politics. The results show that the removal of Article 4 (f) of the Patent Law, which previously excluded certain inventions as inventions, may open up opportunities for the evergreening. However, the government argues that the deletion aims to protect local pharmaceutical companies and broaden the definition of invention. This study critically examines these claims, taking into account the readiness of the local pharmaceutical industry to compete with multinational corporations. In addition, there is a need for a strict control mechanism to ensure the validity of the invention in the patent as well as an objective evaluation of the inventive step and its therapeutic value. This study concludes that without adequate planning, the extension of patent protection to minor modifications may prolong commercial dominance of drugs, open opportunities for evergreening practices and ultimately hinder public access to essential and affordable drugs.

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