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Legal Note
Published by Lembaga Penelitian dan Pendidikan (LPP) Kalibra
ISSN : -     EISSN : 31102344     DOI : https://doi.org/10.70716/legalnote
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legal Note (LEGALNOTE) is a national scientific journal of Law. A double-blind, peer-reviewed, open-access journal published by Lembaga Penelitian dan Pendidikan (LPP) Kalibra, with registered number of e-ISSN: 3110-2344. LEGALNOTE publishes scholarly articles and research related to legal studies, socio-legal analysis, and public policy implications. It aims to provide a platform for academics, researchers, and practitioners to disseminate knowledge and engage in critical discussions on contemporary legal issues within Indonesia and global perspective. The journal welcomes interdisciplinary approaches, particularly those integrating legal theory with sociological, criminological, and cultural perspectives such as islamic family law, sharia economic law, and business law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2026): Legal Note, January 2026" : 5 Documents clear
Dampak Sentralisasi Perizinan Pertambangan terhadap Perlindungan Lingkungan Hidup Maulana, Syukron; Firmansyah, Firmansyah; Noveriansyah, Eri
Legal Note Vol. 2 No. 1 (2026): Legal Note, January 2026
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v2i1.193

Abstract

This study examines the impact of mining permit centralization on environmental protection in Indonesia, particularly following Law No. 3 of 2020. The research addresses the critical tension between centralizing administrative authority for mining permits with the central government while maintaining effective environmental governance and regional autonomy. Using normative legal analysis and literature review, this study identifies that centralization of mining permits, while intended to streamline bureaucracy and improve investor certainty, has paradoxically weakened environmental protection mechanisms by diminishing local government capacity for environmental monitoring and enforcement, reducing community participation in environmental decision-making, and creating coordination gaps between central and local authorities. The findings reveal that centralized licensing has contributed to weak oversight of mining environmental compliance, increased environmental degradation in mining areas, and limited accountability for environmental damages. Recommendations include establishing collaborative governance models that balance centralization with localized environmental management, strengthening inter-governmental coordination mechanisms, mandating meaningful community participation in environmental assessment processes, and reinforcing independent environmental monitoring systems separate from permit issuance authorities.
Efektivitas Penegakan UU ITE terhadap Kasus Penyebaran Konten Palsu: Studi Kasus di Pengadilan Negeri Jakarta Cahya, Lira; Oktavia , Dina; Putri, Sania
Legal Note Vol. 2 No. 1 (2026): Legal Note, January 2026
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v2i1.194

Abstract

The spread of fake content or hoaxes through social media threatens social stability in Indonesia, with the ITE Law serving as the primary cyber law enforcement instrument. This study analyzes the effectiveness of ITE Law enforcement through a case study of Decision No. 203/Pid.Sus/2019/PN Jkt.Sel at the South Jakarta District Court using Soerjono Soekanto's legal effectiveness theory framework. Normative juridical methods were employed with statutory and case approaches examining court decisions and secondary documents from accredited journals. Results indicate repressive effectiveness through Articles 28(1) and (3) with penalties up to 6 years imprisonment, yet hindered by unclear definition of "disturbance" limited by the Constitutional Court. Analysis of five legal effectiveness factors (substance, structure, culture, facilities, and society) reveals primary weaknesses in legal culture and enforcement facilities. Recommendations include revising hoax definitions, strengthening cyber patrol units, and judicial training to balance law enforcement with freedom of expression.
Perlindungan Hukum Pekerja Digital Freelance di Era Platform Economy: Analisis Gap Regulasi Ketenagakerjaan dan Rekomendasi Reformasi Normatif Sari, Tika; Indah, Nara; Sintia, Putri
Legal Note Vol. 2 No. 1 (2026): Legal Note, January 2026
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v2i1.195

Abstract

The development of the platform economy has given rise to new employment models that blur the boundaries between formal employment relationships and independent partnerships. Freelance digital workers, who rely on digital platforms as intermediaries, face systemic vulnerabilities due to normative gaps within Indonesia’s labor law framework. This study aims to analyze regulatory gaps in the protection of freelance digital workers under the normative framework of the Manpower Law No. 13 of 2003 and the Job Creation Law No. 6 of 2023, to identify elements of employment relationships that are factually fulfilled despite lacking legal recognition, and to formulate cohesive reform recommendations. Using a normative juridical approach with doctrinal analysis, this study finds that: (1) freelance digital workers factually fulfill the elements of an employment relationship (work, wages, and control) through algorithmic mechanisms, despite being contractually constructed as “partners”; (2) economic dependence and algorithmic control create a form of digital subordination that is not recognized by existing regulations; (3) current regulations do not explicitly accommodate protections related to social security, minimum wages, and algorithmic transparency; and (4) dispute resolution mechanisms remain unclear, leaving workers in a highly vulnerable position. The recommendations include: legal recognition of platform workers as a distinct employment category, the imposition of minimum social security obligations, regulation of algorithmic transparency, and the establishment of fair dispute resolution mechanisms. These reforms are essential to ensure social justice and worker welfare in the digital economy era, in line with the mandate of Constitutional Court Decision No. 168/PUU-XXI/2023.
Pertanggungjawaban Pidana Korporasi dalam Tindak Pidana Lingkungan: Analisis Penerapan Kuhp Nasional 2023 terhadap Industri Pertambangan Mineral Dan Batubara Pratama, Bima; Putri, Rani; Lestari, Sari
Legal Note Vol. 2 No. 1 (2026): Legal Note, January 2026
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v2i1.196

Abstract

Corporate criminal liability for environmental crimes in Indonesia's mining sector has undergone fundamental transformation with the enactment of Law No. 1 of 2023 on the Criminal Code (KUHP 2023), effective 2026, which explicitly recognizes corporations as criminal law subjects—a departure from the colonial-era code that solely acknowledged natural persons (Saputera, 2025; Sianipar, 2025). This research analyzes the conceptual framework of corporate criminal liability under KUHP 2023 and its application to environmental crimes in the mineral and coal mining industry, which has been implicated in widespread ecological damage including air pollution, water contamination, and degradation of ecosystems across mining-intensive regions (Winarsa, 2022). Employing normative juridical methodology with statute, conceptual, and case approaches, the study systematically examines primary legislation including KUHP 2023, Law No. 32/2009 on Environmental Protection and Management (UU PPLH), Law No. 3/2020 on Mineral and Coal Mining (UU Minerba), and Supreme Court Regulation No. 13/2016 on Corporate Criminal Procedures, alongside judicial precedents (Nurhasanah, 2021). Findings demonstrate that Articles 46-50 KUHP 2023 adopt vicarious liability doctrine, establishing three cumulative requirements for corporate liability: acts within business scope per articles of association, unlawful corporate benefit, and acceptance as corporate policy, with accountability extending to corporations, functional managers, order-givers, controlling parties, and beneficial owners (Kharisma, 2021; Saputro, 2021). Jurisprudence confirms application of polluter pays principle and strict liability in environmental enforcement, as evidenced in dumping cases involving hazardous waste disposal (Nurhasanah, 2021). However, implementation challenges persist, including structural corporate complexity obscuring liability subjects, inadequate law enforcement capacity in beneficial ownership identification, and regulatory disharmony between KUHP 2023 as lex generalis and sectoral environmental statutes as lex specialis (Winarsa, 2022). The study recommends expedited issuance of implementing regulations harmonizing KUHP 2023 with UU PPLH and UU Minerba, mandatory training for law enforcement on corporate liability doctrine, enhancement of evidentiary mechanisms including limited burden of proof reversal under UU PPLH, and establishment of proportional sanction guidelines under Article 118 KUHP 2023 considering environmental damage severity and corporate economic capacity, thereby ensuring effective deterrence and victim-centered justice in Indonesia's mining sector (Nurhasanah, 2021).
Transformasi Penegakan Hukum di Era Kecerdasan Buatan: Analisis Normatif terhadap Kebutuhan Reformasi Regulasi Hukum Pidana dan Acara Pidana di Indonesia Ayu, Rara; Karna, Wijaya; Wibowo, Beni
Legal Note Vol. 2 No. 1 (2026): Legal Note, January 2026
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v2i1.197

Abstract

The development of artificial intelligence (AI) has begun to influence the manner in which criminal law enforcement is conducted, including through practices such as predictive policing, police data analytics, and the integration of intelligent systems into judicial administration. International studies indicate that while AI offers efficiency gains, it simultaneously poses risks of algorithmic discrimination, data bias, privacy violations, and uncertainty regarding legal accountability in law enforcement contexts (González et al., 2021; Perry et al., 2013). In Indonesia, normative legal analyses demonstrate that AI is currently classified as an electronic system or electronic agent rather than a legal subject; consequently, criminal liability for the use of AI remains attributed to the individuals or legal entities operating such systems (Haris & Tantimin, 2022; Rahman, 2019). This study aims to analyze the need for regulatory reform in Indonesian substantive criminal law and criminal procedure in response to the utilization of AI in law enforcement, with particular emphasis on the principles of legality, due process of law, personal data protection, and human rights. The research employs a normative juridical method by examining relevant statutory frameworks (the Criminal Code, Criminal Procedure Code, Electronic Information and Transactions Law, and Personal Data Protection Law) as well as scholarly literature on AI, predictive policing, and criminal liability in Indonesia and other jurisdictions (Haris & Tantimin, 2022; Rahman, 2019; Saputra, 2025). The findings reveal significant normative gaps concerning standards for AI use across all stages of the criminal justice process, the absence of risk-based classification, and the lack of clarity regarding the allocation of responsibility among developers, providers, and users of AI systems. The study further indicates that reliance on predictive outputs as a basis for legal action may potentially conflict with the presumption of innocence and the principle of non-discrimination if not subject to strict regulation (Rahman, 2019; Saputra, 2025). Accordingly, this research recommends the establishment of a specific regulatory framework that classifies AI systems in the law enforcement sector as high-risk technologies, mandates human rights and data protection impact assessments, and ensures meaningful human control over all decisions affecting individual liberty (Saputra, 2025; Wibowo, 2023).

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