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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol. 18 No. 3 (2025)" : 7 Documents clear
Green Investment Effect on Upstream Oil and Gas Activities in Indonesia Sang Ayu Putu Rahayu; Puteri, Dina Silvia; Nathanael Bayu Ajie Pratomo
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Petroleum remains a key global energy source. Like coal, it significantly contributes to carbon emissions. In the era of energy transition, Indonesia faces mounting pressure to align its upstream oil and gas sector with global sustainability standards. The legal challenge lies in crafting a regulatory framework that both supports green investment and ensures environmental accountability. While Paramita (2022) and Wijaya (2022) have explored environmental governance in the energy sector, they primarily focus on renewable energy and overlook the regulatory transformation needed within fossil fuel industries. This study addresses the gap by examining how green investment interacts with upstream oil and gas activities in Indonesia and comparing its regulatory framework with those of Brazil and China, two countries with major emerging economies, using contrasting approaches to sustainable energy governance. Brazil emphasises environmental legislation in ecologically sensitive regions, while China exemplifies a centralised model of state-led green reform. This research employs a non-doctrinal socio-legal approach, combining statutory and comparative legal analysis with empirical fieldwork, including interviews with an Indonesian upstream oil and gas company. Findings reveal that Indonesia’s legal infrastructure remains underdeveloped in supporting low-carbon transition within its fossil energy sectors. Strengthening legal mechanisms and incentivising technological innovation are identified as critical strategies to align investment with environmental goals. This study contributes to legal science by offering a comparative lens on green regulatory transformation in resource-dependent economies. For international readers, it highlights the importance of sustainable legal reform in the context of fossil energy in three countries.
Legal Protection of Pharmacists in Digital Prescription Services Dwi Erawati, Ambar; Hargianti Dini Iswandari; Okti Tri Hastuti Dyah Retnaningrum; Lawrence Essuman
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

This research examines the legal protections for pharmacists who provide drug services via digital prescriptions. Currently, no previous research discusses this issue. Prior studies have focused on the legal protection of patients and on electronic prescriptions as the legal object rather than on digital prescriptions. Schiff et al. (2018) examined the legal protection of patients as the legal object in electronic prescriptions, while Farghali et al. (2024) discussed e-prescribing to protect patients. Hareem et al. (2023) found that e-prescriptions can address technical problems in prescribing and guarantee patient safety. Departing from the above background, this research seeks to investigate the following problems: 1) What phenomenon arises in pharmacies that process digital prescription services? 2) Are pharmacists who process drugs on digital prescriptions legally protected? This study explains the phenomenon of digital prescription services and finds legal protection for pharmacists who process digital prescriptions. This research employs a qualitative phenomenology approach. Primary data consist of primary and secondary legal materials, which were analysed and concluded deductively. The theory of justice was used as the grand theory, while the legal system as the middle theory. This study found that there is a gap between the National Agency of Drug and Food Control (BPOM) Regulation Number 8 of 2020 concerning Drug and Food Control and the Indonesian Ministry of Health Number HK.01.07/MENKES/13/2023 concerning Professional Standards for Pharmacists. Electronic system technology is currently not ready in both technological and legal settings, as it cannot detect digital prescription validation, thereby failing to provide legal protection for pharmacists. For foreign readers, this research can serve as a reference for developing digital prescription technology, ensuring that digital prescriptions provide fair protection for patients and pharmacists.
Legal Strategies for Corruption Asset Recovery and Public Trust Wardani, Dian Eka Kusuma; Anggraeni, Mulia; Rizal, Andi
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Recovery of corruption assets is a crucial legal and policy issue, yet Indonesia's history of asset recovery has not yielded significant results due to structural and procedural setbacks. Previous studies by Septiana & Afifah (2022) on civil confiscation and Santosa et al. (2023) on comparative asset forfeiture regulations have examined some aspects of this issue, but lack a comprehensive approach that integrates the principles of the United Nations Convention Against Corruption (UNCAC), domestic law, and the practical challenges faced by third parties. This study examines the procedures established under the UNCAC and their integration into the Indonesian legal framework, with the aim of facilitating the recovery of seized assets in corruption cases. It also investigates the difficulties in verifying asset ownership, the legal framework, and procedures for asset forfeiture. The paper's methodology combines a conceptual approach, which serves as a breakthrough in addressing emerging challenges, with normative research methods. According to the study's findings, the UNCAC addresses asset recovery from corruption crimes in two ways: direct property recovery and recovery through international collaboration. Meanwhile, the confiscation of assets from corruption crimes through prosecution is intended to return assets gained from corruption crimes under Law No. 20 of 2001, which has amended Law No. 31 of 1999, based on confiscation of assets from corruption crimes through civil lawsuits and confiscation of assets from corruption crimes that are difficult to prove through the shifting burden of proof. This research offers a comprehensive strategy that can serve as the foundation for developing a more effective asset recovery policy in Indonesia.
Civil Law Review on Crypto Investment and Consumer Risks Sunarto, Atika; Adnan, Muhammad Ali; Khair, Azizan
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Cryptocurrency is rapidly developing as a new digital investment instrument in Indonesia, yet the reliability of the Indonesian civil law framework in protecting consumers remains uncertain. This study aims to investigate: to what extent does Indonesian civil law provide adequate legal protection to consumers engaged in cryptocurrency investment activities? This issue is urgent due to high price volatility, market manipulation risks, and weak legal certainty for investors. Previous studies, such as Rere (2024), focused on criminal aspects of digital asset fraud, while Zain (2025) examined trade regulations under Bappebti’s supervision. However, neither fully explores the civil law protection for consumers as investors. This research assesses the effectiveness of civil law in ensuring legal safeguards for cryptocurrency investors. The method employed is a normative juridical approach, utilising a literature study as the primary method. The findings reveal that existing regulations, particularly Bappebti Regulation No. 5 of 2019, are still limited to technical trading aspects and business actor oversight, lacking substantive provisions on civil liability for consumer losses. This study contributes to legal scholarship by advocating for regulatory reform that strikes a balance between digital innovation and consumer protection. For international readers, the article provides insights into how developing countries address legal challenges related to cryptocurrency investments and stimulates comparative legal discourse on digital consumer protection across jurisdictions.
Conceptualisation of Grondkaart Regulation for Land Legal Certainty in Indonesia Masykur, Mohammad Hamidi; Ganecha, Maulana Kasyfillah Syauqi; Mulyono, Ferio Ivan
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Land conflicts in Indonesia remain persistent, particularly disputes over Grondkaart lands controlled by Perseroran Terbatas Kereta Api Indonesia (PT KAI). The absence of explicit regulation in the Basic Agrarian Law (UUPA) and fragmented policy paradigms across institutions have led to legal uncertainty. Previous studies conducted by Karini (2021), Silvianna (2020), and Sulistiowati et al. (2020) examined Grondkaart as evidence of control or dispute resolution. However, they did not provide a comprehensive conceptualisation of permanent land rights for railway infrastructure. This research addresses that gap by analysing Grondkaart through the framework of Special Use Rights (Hak Pakai Khusus) as a sustainable legal solution. This normative juridical research uses statutory and conceptual approaches, focusing on the historical trajectory of Grondkaart from Dutch nationalisation and its problematic conversion into temporary Rights to Use. The findings show that granting PT KAI Special Use Rights with permanent validity provides stronger legal certainty than temporary rights, considering the permanent social function of railways. In practice, binding precedents and Supreme Court Circular Letters (SEMA) can guide judges in resolving disputes, though challenges persist in consistency and judicial understanding. This research recommends reforming agrarian law by affirming Special Use Rights for PT KAI as a permanent solution. Internationally, the article offers insights into post-colonial land disputes, showing how reconciling historical claims with present infrastructure needs can inspire reforms in other jurisdictions. The Indonesian case enriches global discourse on land rights and legal certainty, making it relevant to foreign scholars and policymakers.
Legal Aspects of Merit System Implementation in Civil Service Ismail, Nurwita; Polontalo, Karim
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

The implementation of the merit system in the management of the State Civil Apparatus (ASN) presents a significant legal issue in the context of ongoing bureaucratic reform in Indonesia. This study analyses the legal framework and evaluates the practical application of the merit system following the dissolution of the State Civil Apparatus Commission (KASN). The transfer of supervisory authority to executive institutions has raised legal concerns related to potential overlap of authority, lack of binding control, and weakened legal accountability. Using a combination of normative juridical and socio-legal research methods, the study identifies two key priorities: the necessity of establishing a legally autonomous institution to oversee the implementation of merit principles, and the development of digital competencies among civil servants to support bureaucratic transformation. The research contributes to the field of administrative law by emphasising the importance of legal certainty and institutional independence. For international readers, this study offers insight into the legal challenges of civil service reform in a developing democratic context.
Broadening the Definition of 'Retirement Age' in Old Age Security Benefit Distribution Hitaningtyas, Ratih Dheviana Puru; M. Hadi Subhan; Nurwahjuni
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

The Old Age Security Program has attracted considerable attention within the broader context of social security implementation, particularly due to frequent changes in regulations governing benefit distribution. This article analyses the inclusion of criteria for workers or labourers who have ceased employment as an expansion of the definition of 'retirement age' in relation to beneficiary eligibility under Government Regulation No. 46 of 2015 concerning the Implementation of Old Age Security (Government Regulation No. 46/2015) and its amendments. Under Article 35, paragraph (2) of Law No. 40 of 2004 concerning the National Social Security System (SJSN Law), Old Age Security benefits are provided to participants who retire, experience permanent total disability, or pass away. This analysis differs from previous studies that focused solely on changes to the waiting period for workers or labourers experiencing termination of employment. The research employs statutory, case, and conceptual approaches, and applies grammatical and systematic analysis to legal materials. The findings indicate that, although expanding the definition of 'retirement age' in the implementation regulations does not align with the original intent of the Old Age Security Program as part of the National Social Security System, the Constitutional Court has determined that such expansion is permissible under conditions of force majeure, such as termination of employment. It is recommended that future benefit distribution under the Old Age Security Program realign with the program's foundational principles.

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