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Published by CV. Era Digital Nusantara
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Articles 27 Documents
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Connectivity in the Criminal Justice System: Jurisdictional Issues Between Civilian and Military Courts
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i3.2233

Abstract

This study critically examines the adjudicative competence over connectivity offenses involving both civilian and military actors. The persistent jurisdictional ambiguity frequently causes significant legal uncertainty within the criminal justice system. Normatively, jurisdiction is determined by assessing the predominant loss, whether it impacts public or military interests. Although the Indonesian National Armed Forces Law mandates jurisdictional separation, its practical implementation remains heavily constrained by the ongoing stagnation of military court reform. Employing a normative juridical method with statutory, conceptual, and case approaches, this research analyzes the recent acid attack against the activist Andrie Yunus . The findings reveal that determining adjudicative authority strictly requires comprehensive joint investigations by civilian and military prosecutors. Furthermore, because this specific case fundamentally harmed public interests, transparency dictates that it must be adjudicated directly within the national civilian justice system. Resolving this institutional conflict demands immediate legislative harmonization to ensure absolute legal accountability and public institutional trust.
Controlling Peri-Urban Agricultural Land Conversion Based on Economic Constitutional Principles for Food Security
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i2.2280

Abstract

This study examines the conversion of agricultural land in fringe areas and its severe threat to national food security across Indonesia. Despite the existence of the Sustainable Food Agricultural Land Protection Law, land conversion remains massive due to ineffective enforcement and rapid urban sprawl. Utilizing a normative juridical method with statutory and conceptual approaches, this research analyzes the integration of economic constitutional principles, specifically Article 33 of the 1945 Constitution, into existing land control regulations. The findings clearly indicate that current regulations fail to adequately balance economic development with essential agricultural preservation. To fully realize a welfare state, government policies must strictly regulate regional land conversion by applying sound economic and moral logic. Integrating these constitutional principles directly ensures sustainable land use, actively protects rural livelihoods, and absolutely guarantees public access to basic food needs. Strict law enforcement and community participation are highly vital for maintaining truly optimal social welfare.
Reconstructing Corporate Opportunity Doctrine in Indonesia: Addressing Legal Vacuum and Fiduciary Duty Rolis Barson Sembiring
Legtimacy: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v2i1.2426

Abstract

The absence of explicit provisions governing the Corporate Opportunity Doctrine in Indonesian Company Law creates a critical legal vacuum, exacerbating agency costs and facilitating fiduciary duty breaches. Opportunistic directors frequently exploit this regulatory void, weaponizing the Business Judgment Rule as a safe harbor against tort claims. Through a functional comparative approach, this article examines mandatory disclosure frameworks in the United States and strict prophylactic rules in Singapore to evaluate fiduciary boundaries. The analysis demonstrates that effective corporate governance requires precise operational limits and absolute transparency. To resolve this doctrinal deadlock, this study proposes a legislative reconstruction by integrating the doctrine into the unique dual board system of Indonesia. The proposed framework mandates proactive disclosure and independent corporate rejection by the Board of Commissioners. Furthermore, introducing disgorgement of profits as an equitable remedy is essential to restore legal certainty, mitigate managerial misconduct, and fully align national corporate governance with rigorous global standards.
Creditor Protection in Bank Spinoffs: A Comparative Analysis of Indonesia and Vietnam Ariq Ardiawan Alano
Legtimacy: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v2i1.2444

Abstract

Mandatory bank spinoffs introduce systemic asset dilution risks, exposing a critical doctrinal conflict between corporate limited liability and creditor wealth maximization. Through a functional comparative legal approach, this article evaluates creditor protection frameworks under Indonesian and Vietnamese corporate regimes. The analysis reveals that the reliance of Indonesia on procedural notifications establishes a flawed fiction of tacit consent. Driven by high transaction costs and severe information asymmetry, retail creditors inevitably succumb to rational apathy, enabling opportunistic judgment proofing. Conversely, the modernized framework of Vietnam effectively internalizes transition risks by enforcing substantive joint and several liability alongside aggressive central bank interventions. This comparative study demonstrates that procedural mechanisms fail to safeguard fixed claimants against strategic corporate partitioning. Consequently, this article proposes a legislative reconstruction for Indonesia by introducing a mandatory three year joint liability retention period. This prescriptive reform eliminates moral hazard, ensures capitalization stability, and fully aligns national corporate governance standards.
Marginalization of Women in Public Sphere Affirmative Policy and Economic Precarity National M. Abrar Dahlan; Abdurrahman Irfan; Zulfia Farhana; Dewi Fauziah Nuraini; Yusna Zaidah; Muhammad Taufik Hidayat
Legtimacy: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v2i1.2458

Abstract

This study examines the structural marginalization of women in Indonesian public spaces, focusing on political representation and industrial relations. Using normative-empirical legal research methods, this article analyzes the failure of the thirty percent affirmative quota and unilateral termination practices against pregnant workers. Findings reveal that the quota policy has failed due to administrative formalism within political parties and institutional resistance from the General Elections Commission. Meanwhile, market flexibility introduced by the Job Creation Law has exacerbated the economic precarity of female workers through contract manipulation to dismiss pregnant women. These phenomena demonstrate an ontological disconnection between constitutional rights guarantees and sociopolitical reality, rooted in an androcentric patriarchal legal culture. This study concludes that national law requires a radical reorientation toward gender-responsive substantive justice, supported by firm imperative sanctions to dismantle systemic bias within state institutions and private corporations, ensuring comprehensive human rights protection for all women in contemporary Indonesia.
State Conflicts of Interest: Comparative Governance of Indonesian SOEs and Singaporean GLCs Marentino Narade
Legtimacy: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v2i1.2471

Abstract

This article examines structural dissonance in the governance of Indonesian state-owned enterprises following the enactment of Law Number 16 of 2025, which establishes the BPI Danantara superholding. Operating under a doctrinal legal methodology with a functional comparative approach against Temasek Holdings in Singapore, this study investigates the dogmatic conflict between the Business Judgment Rule and public finance law. The findings reveal that the current legislative framework creates a legal illusion of corporate autonomy. The retention of absolute veto rights through the Golden Share perpetuates political agency costs and nullifies the separate legal entity doctrine. Consequently, state corporate executives remain highly vulnerable to criminal liability under corruption laws for pure business losses. This induces a deeply systemic conservative bias. To resolve this institutional prematurity, this study urges the immediate codification of a Lex Specialis Sovereign Wealth Fund that formally ratifies the Santiago Principles, guarantees constitutional insulation, and establishes independent oversight mechanisms.
Functional Duality of SOEs: Comparative Legal Governance of Indonesia and Singapore's Temasek Thimotius Melkysedekh Yuliawan
Legtimacy: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v2i1.2474

Abstract

This article comprehensively examines the normative tension resulting from the functional duality of state enterprises in Indonesia, which remain perpetually trapped between corporate profit maximization and national public service obligations. The establishment of the investment superholding triggers a perilous juridical identity crisis that potentially escalates profound moral hazard risks. Employing a functional comparative legal methodology, this study dissects the governance asymmetry between Indonesia and Temasek Holdings in Singapore. Findings confirm that the domestic public finance legal regime systematically distorts the doctrinal operationalization of the business judgment rule, thereby engendering structural criminalization vulnerabilities over commercial risks. Therefore, this study radically urges legal reconstruction requiring the statutory redefinition of the superholding as a strictly private entity. This prescriptive resolution necessitates the strict codification of absolute safe harbor provisions to mitigate political intervention while simultaneously securing corporate autonomy. This step is essential to harmonize domestic investment governance with global OECD competitive neutrality standards.

Page 3 of 3 | Total Record : 27

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