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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. 19 no. 1 (2026)" : 7 Documents clear
Global Legal Issues Concerning Patentability of Phage-Based Therapeutics Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Obieshi, Eregbuonye; Hassan, Adebowale; Okpoko, Mercy Osemudiame
Arena Hukum Vol. 19 No. 1 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01901.5

Abstract

Phage-based therapeutics offer a promising solution to the growing global threat of multidrug-resistant bacterial infections. However, the patentability of these biologics faces significant legal problems due to varying international standards and the challenge of distinguishing naturally occurring phages from patentable inventions. This legal uncertainty hampers innovation, investment, and the global development of phage therapies. This study therefore examines global laws regarding the patentability of phage-based therapeutics and the existing legal gap. The doctrinal approach, which is widely used, relies heavily on primary and secondary materials. The research analysis found that phage-based therapeutics are considered an invention for biomedical use as an alternative to antibiotic-resistant diseases; however, there are inconsistencies in how jurisdictions treat phage patent applications. In this regard, the international laws that ought to harmonise and close this loophole seem inadequate. Furthermore, the study observes that existing international laws do not specifically address phage-based therapeutic inventions. Also, the criteria for obtaining a patent under international law seem complex, as member states are the final decision-making bodies for granting patents, including for phage-based therapeutic inventions. The study, therefore, concludes that establishing clear legal frameworks and harmonising international standards would require a great deal of time to achieve phage protection while also pursuing public health goals. This will, in turn, result in regulatory support that would ensure finding a fine balance between obtaining a patent and therapeutic accessibility.
A Legal Study on Business Competition in the Field of Financial Sector Technological Innovation and its Challenges Ramli, Asmarani; Suran Ningsih, Ayup; Puspa Wardhani, Harumsari
Arena Hukum Vol. 19 No. 1 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01901.1

Abstract

Technological innovation in the financial sector has altered the market structure and the pattern of business competition in Indonesia. Digitalisation through fintech and financial platforms fosters financial efficiency and inclusion, while simultaneously raising new legal issues, such as potential monopoly practices, data dominance, discriminatory algorithms, and market access inequalities. This condition raises the urgency of strengthening the business competition law to respond to the dynamics of the digital economy. Two problems have been formulated for investigation: (1) the legal perspective of business competition against the application of financial sector technological innovation, and (2) the challenge of enforcement of business competition laws against financial technological innovation actors. Given these issues, this study aims to analyse the effectiveness of business competition law in maintaining fair competition in the digital financial sector and to formulate adaptive law enforcement. This study employs a normative- juridical method to support empirical analysis through case studies. The theoretical frameworks used include economic democracy theory, business competition law, and digital market regulation. Research results show that technological innovation in the financial sector escalates the risk of unfair business competition practices that are difficult to address with conventional legal frameworks. Therefore, updating regulations and fostering synergies among authorities are essential to building a fair, inclusive, and sustainable business competition ecosystem.
Consumer Protection Against Flight Delays Resulting from Airline Operational Failures to Provide Information Services as Part of Human Rights Arliman S, Laurensius; Ratnawati, Elfrida; Sihombing, Januardo Sulung Partogi; Multiwijaya, Vience Ratna; Razak, Aida Abdul
Arena Hukum Vol. 19 No. 1 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01901.2

Abstract

Flight delays, cancellations, and unilateral flight rescheduling are persistent issues, obstructing the protection of consumer rights in Indonesia’s aviation services sector. The legal issues examined in this study are: (1) the form of legal protection for passengers affected by flight delays from a human rights perspective, and (2) the responsibility of the state and airlines in ensuring the fulfilment of passengers’ rights. Previous studies by Fahrizal et al. (2022) examined business actors’ liability for flight delays, Thoriq & Ilham (2023) focused on unilateral flight cancellations, and Budi & Siddiq (2025) analysed unilateral flight rescheduling. Although these studies share a common focus on consumer protection, they have not comprehensively integrated a human rights perspective. This study aims to analyse legal protection for airline passengers from a human rights perspective and to examine the responsibilities of airlines and the state. The research employs a normative legal research method using statutory and comparative approaches. The analytical framework is based on human rights theory, legal liability theory, and legal protection theory. The findings indicate that flight delays without fair and transparent handling constitute violations of human rights and the right to information as guaranteed by the International Covenant on Civil and Political Rights, Law No. 39 of 1999 on Human Rights, Law No. 8 of 1999 on Consumer Protection, and Law No. 1 of 2009 on Aviation, as partially amended by Law No. 6 of 2023. Airlines must be held liable in providing compensation, accommodation, or alternative flights, while the government, through the Ministry of Transportation, is authorised to impose sanctions on negligent airlines. It is recommended that the government strengthen effective complaint mechanisms to ensure the protection of passengers’ rights.
Popular Sovereignty in Constitutional Transition: Challenging the Validity of the Post-Reform Constitution Setiawan, Junet Hariyo
Arena Hukum Vol. 19 No. 1 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01901.3

Abstract

This study examines the validity of the post-Reform amendments to the 1945 Constitution of the Republic of Indonesia from the perspective of Constitutional Law Theory. The urgency lies in a fundamental legitimacy paradox: although the amendments procedurally complied with Article 37, the People’s Consultative Assembly (MPR) derived its authority to amend the Constitution from the constitution it amended, thereby challenging the core principle of people’s sovereignty. The legal issues investigated are (1) who possesses the legal standing to challenge the validity of these amendments? (2) Which institution holds the authority to review such challenges? Prior studies by Indrayana (2007) focused on the political history of amendments, Maboudi (2020) emphasised general public participation in constitution-making, and Nugraha (2023) analysed the concept of abusive amendments. The objective is to critically evaluate the amendments’ validity with respect to procedural legitimacy, public participation, and consistency with Pancasila values. The research employs a normative juridical method, combining the concept of staatsfundamentalnorm with constitutional legitimacy theory and principles of people’s sovereignty. A critical legitimacy deficit exists: the amendment process lacked inclusive public participation and suffered from a circular legitimacy problem in which the MPR, a constitutional creation, altered its own source of authority. The amendments are procedurally legal but substantively questionable from the standpoint of people’s sovereignty. This study contributes to Constitutional Theory by highlighting the distinction between legality and legitimacy in amendment processes. It offers a comparative framework for other democracies, examining the integrity of their foundational changes, and underscores the need to institutionalise protection for constitutional identity.
Carbon Border Adjustment Mechanism: Between Climate Target and Climate Justice Ula, Hikmatul
Arena Hukum Vol. 19 No. 1 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01901.6

Abstract

The Carbon Border Adjustment Mechanism (CBAM) raises urgent legal questions about whether climate ambition pursued through border measures can be reconciled with equity and common but differentiated responsibilities and respective capabilities (CBDR-RC), and sustainable development. While Mehling et al. (2019) examine border carbon adjustments as tools for enhanced climate action and trade-law legitimacy, Beaufils et al. (2023) assess their distributional impacts on trade partners, and Boute (2024) analyses the recognition of third-country carbon pricing, these studies remain insufficiently integrated in explaining CBAM simultaneously as a climate-target instrument and a justice-sensitive legal mechanism. This article aims to critically assess whether CBAM can prevent carbon leakage and extend carbon pricing to imports without imposing disproportionate transition burdens on developing countries and carbon-intensive exporters. It employs normative legal research using statutory, conceptual, and critical policy approaches, focusing on Regulation (EU) 2023/956, international climate law, WTO-related principles, and climate justice scholarship. The article finds that CBAM may strengthen carbon accountability and protect the integrity of EU climate policy, but its current design remains overly centred on carbon-cost equalisation and gives inadequate recognition to differentiated capacities, non-price climate policies, procedural participation, and revenue equity. It concludes that CBAM should move from equal carbon pricing toward equitable carbon-cost differentiation. The article recommends differentiated compliance pathways, recognition of diverse mitigation measures, technical assistance, and revenue recycling for affected developing countries. Its contribution lies in offering foreign readers a critical legal framework for evaluating CBAM beyond EU competitiveness, as a test of fairness in global climate-trade governance.
Legal Resilience of Islamic Banking in Indonesia Amid Economic Crises Solehoddin; Arya Sandi Yudha Libert; Ferio Ivan Mulyono
Arena Hukum Vol. 19 No. 1 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01901.4

Abstract

This article examines the legal resilience of Islamic banking in Indonesia during three major economic crises: the 1998 monetary crisis, the 2008 global financial crisis, and the COVID-19 pandemic. The central legal issue is whether the legal framework governing Islamic banking has sufficient normative capacity to maintain systemic stability during crises and how such capacity is shaped through regulatory adaptation. Previous studies by Susilawati et al. (2025), Candera and Indah (2020), and Anisa et al. (2025) predominantly analyse Islamic banking resilience using empirical, quantitative financial indicators, with limited attention to the legal and regulatory architecture as an autonomous object of normative analysis. This study addresses this gap by employing a normative juridical method with a historical approach to analyse statutory regulations, regulatory instruments, and Sharia governance mechanisms across crisis periods. The analysis is theoretically grounded in the theory of the legal system developed by Gunther Teubner. The findings show that the institutionalisation of Sharia principles within banking regulation functions as a normative constraint that stabilises normative expectations during economic crises. This study concludes that Islamic banking resilience in Indonesia is primarily shaped by the adaptive capacity of its legal system and offers insights relevant to jurisdictions with dual banking systems.
Reorientation of Law Enforcement of Excise Crimes Through the Ultimum Remedium Approach Sri Olawaty DJ. Suaib; Melki T. Tunggati
Arena Hukum Vol. 19 No. 1 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01901.7

Abstract

Law enforcement against excise crimes in Indonesia remains ineffective, as the punitive approach (primum remedium) is overly dominant, leading to suboptimal recovery of state losses and increased excise taxpayer compliance. This condition emphasises the urgency of applying the ultimum remedium principle, such as imposing criminal sanctions as a last resort after administrative mechanisms prove ineffective. This research examines legal issues regarding the effectiveness of applying the ultimum remedium principle in excise crimes and the ideal model for its implementation. Previous research by Ramadhan et al. (2024) highlighted ultimum remedium as a means of recovering state losses, while Kartanto et al. (2020) discussed the direction of applying this principle in tax crimes; however, they did not specifically analyse the implementation issues in excise crimes and the reorientation model for their law enforcement. This research also analyses the effectiveness of applying this principle and offers an ideal model formulation. The method used is normative legal research with statutory and conceptual approaches.  Primary, secondary, and tertiary legal materials were analysed using a descriptive-analytical, prescriptive method, involving deductive reasoning and teleological interpretation. The results show that the application of ultimum remedium has been adopted in excise and tax regulations, but it has not been optimal due to limited understanding among apparatus, unclear regulatory parameters, weak inter-agency coordination, and the dilemma between state loss recovery and deterrent effects. Therefore, reformulation is needed through multi-level strategies, strengthening restorative mechanisms, regulatory harmonisation, and an integrated monitoring system. This research contributes to the development of restorative-based fiscal law and opens opportunities for cross-country comparative studies related to fiscal violations.

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