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Deni Setiawan
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INDONESIA
Journal of Governance and Law Reform
Published by Catalist Indo Publisher
ISSN : -     EISSN : 31245811     DOI : https://doi.org/10.64670/jglr.v1i2
Core Subject :
The Journal of Governance and Law Reform (JGLR) is a peer-reviewed, open-access academic journal that publishes high-quality scholarly articles in the fields of governance and legal studies. The journal aims to provide a critical and constructive platform for academics, researchers, policymakers, legal practitioners, and postgraduate students to share ideas, research findings, and analytical insights related to the evolving dynamics of governance and legal regulation at both national and international levels.
Arjuna Subject : -
Articles 10 Documents
 1 
LEGAL ANALYSIS OF NICKEL MINING EXPANSION IN RAJA AMPAT FROM THE PERSPECTIVE OF RENEWABLE ENERGY DEVELOPMENT AND ENVIRONMENTAL SUSTAINABILITY PRINCIPLES dianisadiawati; Cahya Utami Aldana; Ainun Nabilah
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.59

Abstract

This study aims to examine the expansion of nickel mining in Raja Ampat within the framework of natural resource law, particularly regarding its role as a supplier of essential minerals for national renewable energy development. Using normative juridical methods, this study examines various regulations regarding environmental sustainability, licensing, and the application of the precautionary principle as a benchmark for protecting conservation areas and the rights of indigenous peoples. The analysis results indicate a policy misalignment between the green energy transition agenda at the national level and the principle of ecological protection in conservation areas. Regulatory gaps are evident in the weak enforcement of environmental standards, the suboptimal synchronization of mining permits in marine conservation areas, and the failure to fulfill the Free, Prior and Informed Consent (FPIC) mechanism for affected indigenous communities. These conditions reflect that green energy development still has the potential to cause ecological and social injustice, especially in vulnerable areas such as Raja Ampat. This study concludes that strengthening regulations and harmonizing policies is urgently needed, including ensuring compliance with the precautionary principle, biodiversity protection, and upholding the rights of indigenous peoples at every stage of mining licensing and operations. Without environmentally just policy reforms, the Raja Ampat conservation area risks becoming a “sacrifice zone” in the national green energy transition project.  
ANALYSIS OF SUPREME COURT DECISION NO. 1271 K/Pdt/2009 CONCERNING BREACH OF PERFORMANCE IN INTERNATIONAL BUSINESS CONTRACTS Rouli Anita Velentina; Cahya Utami Aldana
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.60

Abstract

Cross-border business agreements pose significant challenges in Private International Law (PIL), particularly in defining and resolving cases of default (breach of contract). This study deeply examines the Indonesian Supreme Court Verdict Number 1271 K/Pdt/2009, which adjudicated a payment default dispute for ship repair services between PT LI (a domestic entity) and TSC (a foreign entity), to identify the implications of establishing default, jurisdiction, and compensation. Employing a normative juridical method and a case study approach, the analysis focuses on interpreting the principles of the Law of Obligations within the Indonesian Civil Code (KUH Perdata) as applied to a transnational context. The research findings affirm the rejection of the appeal (cassation) and the reinforcement of the Judex Facti's (lower court judges') verdict, confirming that the foreign party was legally proven to be in default. While this decision establishes legal certainty for the domestic creditor, the case critically underscores the complexity in determining relative authority (jurisdiction) within domestic courts, as well as the inconsistency in the judicial consideration of the awarded compensation amount. Consequently, it is concluded that optimal legal protection in international contracts relies heavily on explicit choice of law and dispute resolution clauses, where Alternative Dispute Resolution (ADR) often offers higher efficiency compared to prolonged litigation pathways.
PROTECTION OF THIRD PARTY PERSONAL DATA WHEN USING EMERGENCY CONTACTS ON THE SHOPEE PAYLATER SERVICE Elmo Septian Rasyid; Ainun Nabilah; Cahya Utami Aldana; Miranti Dwi Pangesti; Andriyanto Adhi Nugroho
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.62

Abstract

This research examines the protection of third-party personal data in the practice of providing emergency contact information within Buy Now Pay Later services, particularly Shopee PayLater, where such data is often included without the consent of its actual owner. This situation raises significant legal concerns because third parties, who have no contractual relationship with the service provider, nonetheless become subjects of data processing and debt collection activities. The study employs a normative juridical method by analyzing the Personal Data Protection Law, the Electronic Information and Transactions Law, Government Regulation Number 71 of 2019, sectoral regulations issued by the Financial Services Authority, and relevant judicial decisions including the Central Jakarta District Court Decision Number 689 Pdt G 2021 and the Supreme Court Decision Number 1206 K Pdt 2024. Using the right to privacy theory and consent theory, the findings show that processing third-party data without direct and explicit consent contradicts fundamental principles of personal data protection and violates individual privacy rights. The research further reveals that Indonesia’s current legal framework does not provide a comprehensive mechanism for third-party consent, resulting in regulatory gaps related to data collection, consent verification, and limitations on the use of third-party information in digital financial services. This study concludes that existing regulations do not provide adequate protection for third parties and highlights the need for more detailed legal provisions governing the collection, verification, and restricted use of emergency contact data within Buy Now Pay Later services.
LEGAL ANALYSIS OF THE VALIDITY OF INTERNATIONAL CONTRACTS IN FOREIGN LANGUAGES: A STUDY OF DECISION NUMBER 135/PDT/2020/PT.DKI Miranti; Rouli Anita Velentina
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.63

Abstract

This study aims to analyze the validity of international contracts drafted in a foreign language without an official translation into Bahasa Indonesia, based on the Decision of the Jakarta High Court Number 135/PDT/2020/PT.DKI. The main issues discussed are: (1) how Indonesian positive law regulates the use of language in international contracts involving Indonesian parties, and (2) how the judges interpret the obligation to use Bahasa Indonesia and its implications for the principle of freedom of contract. The research employs a normative juridical method, using both a statute approach and a case approach.The findings indicate that the court strictly interpreted Article 31 of Law Number 24 of 2009 as a formal requirement for contracts involving Indonesian parties. Consequently, contracts drafted solely in a foreign language without an Indonesian version are deemed formally defective and cannot be used as a legal basis in court proceedings. This approach reflects the protection of national interests and legal sovereignty but creates tension with universal principles of international contract law such as freedom of contract and pacta sunt servanda. Therefore, a harmonization between national law and international contract law principles is essential to achieve a balance between national legal certainty and global business flexibility. It is also recommended that the government issue a clearer implementing regulation for Article 31 of the Language Law to prevent legal uncertainty for foreign investors operating in Indonesia.
THE USE OF FOREIGN LANGUAGES ​​IN EMPLOYMENT AGREEMENTS WITH FOREIGN WORKERS: A LEGAL ANALYSIS BASED ON SUPREME COURT DECISION NUMBER 51 K/PDT.SUS-PHI/2025 FROM THE PERSPECTIVE OF INTERNATIONAL CONTRACT LAW Ainun Nabilah; Rouli Anita Valentina
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.66

Abstract

This study examines the use of foreign languages in employment agreements involving foreign workers in Indonesia based on Supreme Court Decision No. 51 K/Pdt.Sus-PHI/2025 and analyzes its application from the perspective of international contract law through a normative juridical method. By reviewing Article 31 of Law No. 24 of 2009, which mandates the use of the Indonesian language in contracts involving national parties, the research finds that foreign-language contracts remain permissible as long as they do not compromise mutual understanding or the equality of the parties. The Supreme Court decision affirms that a contract drafted in a foreign language is not automatically null and void but must comply with principles of legal certainty, worker protection, and national mandatory rules. A bilingual contract emerges as an ideal mechanism to balance the practical needs of international employment relations with national legal obligations. This study concludes that harmonizing domestic regulations with international contracting practices is essential to ensuring legal certainty and fairness in employment relationships involving foreign workers in the era of globalization.
THE CONSTITUTION OF A DEMOCRATIC STATE AS A REGULATION OF STATE INSTITUTIONS: A STATE SCIENCE PERSPECTIVE Aznaya Kirana Maudiva; Chintia Sandi; Fawazi Rihadatulaisy Mulyadi
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.72

Abstract

This study aims to analyze the urgency of strengthening the principle of constitutionalism within Indonesia’s constitutional framework and to formulate recommendations for future improvements. The method employed is a normative juridical approach through an examination of legislation and evolving constitutional practices. The results indicate that the implementation of constitutionalism in Indonesia still faces several challenges, including a weak legal culture, overlapping authority among state institutions, and an underdeveloped system of checks and balances. Therefore, clearer institutional arrangements, the strengthening of public constitutional awareness through education, and regulatory reforms oriented toward legal certainty and justice are necessary. In conclusion, strengthening constitutionalism is a strategic step toward realizing a democratic, transparent, and accountable government, so that the principle of the rule of law can be effectively implemented in the practice of state administration.
NORMATIVE ANALYSIS OF PART-TIME P3K POLICY IN THE TEACHER PERSONNEL SYSTEM IN INDONESIA Risma Latiful Azza; Untung Khoiruddin; Erwin Indrioko
Journal of Governance and Law Reform Vol. 1 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i2.97

Abstract

This study examines the policy concept of part-time Government Employees with Work Agreements (PPPK) within Indonesia’s teacher staffing system. Recent discussions on part-time PPPK have emerged as a response to regional fiscal limitations and the uneven distribution of teachers, yet the legal structure governing civil service employment does not explicitly recognize part-time arrangements for PPPK. The objective of this study is to analyze the normative basis, institutional readiness, and potential implications of implementing a part-time PPPK scheme for teachers. Using a normative legal method supported by a limited policy analysis approach, this research reviews relevant laws, regulatory frameworks, and empirical findings from previous studies. The results indicate that the part-time PPPK model lacks a clear legal foundation, potentially disrupts the standard rights and protections guaranteed to civil servants, and may weaken teacher motivation and job stability. Findings also show that such a scheme could create disparities between regions with different financial capacities and undermine the continuity of instructional duties in schools. In conclusion, this study highlights that part-time PPPK is not aligned with the existing civil service framework and may generate broader administrative and educational challenges. Future studies are encouraged to explore alternative staffing strategies and policy simulations that better support teacher distribution and professional standards
LEGAL ANALYSIS OF THE EFFECTIVENESS OF MEDIATION BY THE ATR/BPN OF BANYUMAS DISTRICT IN RESOLUTION OF LAND DISPUTES Bryna Kailanajwa Hafidz
Journal of Governance and Law Reform Vol. 1 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i2.98

Abstract

This study aims to evaluate the effectiveness of mediation in resolving land disputes in Indonesia by examining the legal regulations governing it and the role of related institutions in the dispute resolution process. The research method used is normative juridical with statutory and conceptual approaches through the analysis of laws and regulations, policies, and mediation procedures applied in land dispute resolution. The results show that mediation is an effective alternative dispute resolution mechanism because it can reduce litigation processes that tend to be time-consuming and costly. The main legal basis for mediation is Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In practice, the ATR/BPN Office plays an important role as a mediator facilitator in achieving peaceful agreements between disputing parties. However, the effectiveness of mediation still faces several challenges, including the low level of public understanding regarding the benefits of mediation, the lack of good faith among disputing parties, and the limited capacity of mediators in handling disputes optimally. In conclusion, mediation has significant potential as a fast, affordable, and effective mechanism for resolving land disputes. Nevertheless, it requires improvements in mediator capacity, greater public awareness, and stronger regulations and institutional support to optimize its implementation.  
GENDER INEQUALITY IN THE CRIMINAL JUSTICE SYSTEM: A CASE STUDY OF HANDLING CASES OF VIOLENCE AGAINST WOMEN Yulia Bakri; Agus Prihartono Permana Sidik
Journal of Governance and Law Reform Vol. 1 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i2.99

Abstract

This study aims to analyze gender inequality in the criminal justice system, particularly in the handling of cases of violence against women. The research method used is a case study with a qualitative approach, involving the analysis of legal documents, court decisions, and in-depth interviews with various related parties such as victims, law enforcement officials, and legal experts. The results of the study show various forms of gender inequality, ranging from bias in legal interpretation, lack of victim perspective, to stigma and discrimination against women in the judicial process. The implementation of Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) is expected to be a progressive step in providing more comprehensive legal protection for victims, but challenges in law enforcement remain a major concern. This study also highlights the importance of reconstructing the model of judicial decisions with a progressive legal approachas well as strengthening the criminal justice system specifically for women victims of violence. The study's conclusions emphasize the need for fundamental changes in the criminal justice system to ensure gender justice, including enhancing the capacity of law enforcement officials, changing legal culture, and ensuring active victim participation in the judicial process.
MANIFESTATION OF FREEDOM OF SPEECH REFORM THROUGH EFFORTS TO STRENGTHEN ONLINE PETITIONS IN THE PROCESS OF FORMING AND MONITORING GOVERNMENT POLICIES Ammara, Naila; Fikri Ihsani, Muhammad; Khaira Sado, Kuntum
Journal of Governance and Law Reform Vol. 1 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i2.91

Abstract

ABSTRACT The freedom to express opinions including through online petitions, is an obligation that must be guaranteed by the government, as mandated by regulations across various sectors. However, there are several issues in its implementation due to limited regulatory substance, weak government intervention, and the absence of monitoring and evaluation mechanisms for online petitions. As a result, many online petitions go unanswered by the government. This situation demonstrates the need to re-evaluate policies on freedom of expression through online petitions. This study aims to analyze the urgency of institutionalizing online petitions as a form of freedom of expression in government administration and to provide strategies for implementing and formulating the institutionalization of online petitions to achieve freedom of expression reform in Indonesia. This writing employs a normative juridical method using legislative, conceptual, comparative, and case approaches. Based on the research findings, the author proposes a mechanism for supervising online petitions through the Ombudsman to optimize the government's role in monitoring and evaluating the implementation of online petitions. Optimization is carried out by drafting specific regulations as guidelines for the government and the public to ensure freedom of expression through online petitions. The presence of this mechanism is expected to resolve the issues in the implementation of online petitions in Indonesia, thereby achieving freedom of expression reform through the institutionalization of online petitions.  

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