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<![CDATA[A Model of State-Owned Asset Management Based on Pancasila Values: Achieving the Highest and Best Use ]]>
<![CDATA[Koeswahyono, Imam]]>
<![CDATA[ Arena Hukum Vol. 17 No. 3 (2024) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2024.01703.1
<![CDATA[This article discusses the formulation of a model called "Sustainable and Equitable Organization and Management of State/Region/Village-Owned Assets Based on the Pancasila". The authors introduce a “highest and best use” approach to state asset management, aiming to address gaps in existing norms around asset governance, particularly regarding the absence of a mechanism for asset management and dispute resolution. This condition can potentially bring about corruption through the exchange of state land assets that are unequal in value. The model initiated by the authors comes from the need to elaborate the legal politics of Pancasila into laws that specifically regulate the management of state assets with the principle of best utilisation oriented towards the greatest prosperity of the people. This conceptual research aims to formulate and develop a research model with the following outputs: a. to find a paradigm for agrarian legal research that is based on the critical agrarian approach in the perspective of legal science; b. to determine the integrity and harmony with the Pancasila philosophy, and the constitutionality of regulation and institutionalism, of the management of state/region/village-owned assets; c. to formulate an institutional model for conflict resolution in agrarian affairs, primarily for cases of conflict involving state/region-owned assets in the form of an agrarian court that can resolve and eliminate the backlog of cases of agrarian conflicts for both public and private aspects specifically, with legal certainty and justice. Achieving this goal requires establishing a State Asset Management Agency and the existence of an Agrarian Court. The weakness of this idea lies in the realization of forming regulations that need to be in harmony with related laws and regulations. This model is necessary for synergising the roles of legislators, stakeholders, and the public based on the principle of sustainable and just management of state assets according to Pancasila.]]>
<![CDATA[Setting the Readiness of Law to Implement Central Bank Digital Currency in Indonesia ]]>
<![CDATA[Suwardiyati, Rumi]]>;
<![CDATA[Ahmad, Azlin Alisa]]>;
<![CDATA[Reka Dewantara]]>;
<![CDATA[Dwi Benny Satria]]>;
<![CDATA[Ranitya Ganindha]]>
<![CDATA[ Arena Hukum Vol. 17 No. 3 (2024) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2024.01703.3
<![CDATA[The shift in behaviour from conventional to technology-based patterns has led to technological transformation, giving rise to an emerging digital currency: crypto. Crypto assets have great potential to develop financial system inclusion and efficiency while it can pose various risks affecting economic, monetary and financial system stability. The Indonesian government's strategic step to curb the use of cryptocurrencies is to issue Central Bank Digital Currency (CBDC). To date, 109 countries have begun to adopt the use of CBDC. The adoption of CBDC in Indonesia has not yet reached the implementation stage, but is still at the research stage. In line with this, this research aims to examine the readiness of Indonesian law to welcome the enactment of CBDC and to prepare an ideal legal construction in regulating CBDC in Indonesia. This paper employs a normative juridical research method with statutory and comparative approaches. The statutory approach involves examining the norms relating to CBDC, while the comparative approach aims to compare the norms applicable in China and the Bahamas regarding the use of CBDC. The results of this study reveal that the Indonesian government's legal readiness to implement CBDC will begin to enter the experimental stage after the P2SK Law recognises CBDC as a legal payment instrument and BI as the authority authorised to manage CBDC in Indonesia. The results of the comparison with China and the Bahamas show that the determination of the CBDC distribution model and the technology used is an important aspect that needs to be considered in preparing the ideal legal construction because it relates to the technological access capabilities of the community to use CBDC.]]>
<![CDATA[Strong Sustainability and Ocean Justice: Fostering Coastal Community Well-Being in Indonesia ]]>
<![CDATA[Tarigan, Muhammad Insan]]>;
<![CDATA[Ferdinanto, Tonny]]>
<![CDATA[ Arena Hukum Vol. 17 No. 3 (2024) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2024.01703.5
<![CDATA[Poverty and environmental issues are interconnected and entangled in complex human-environment relationships. Poor people often degrade the environment to meet present needs at the expense of their future benefits. Conversely, environmental degradation exacerbates poverty by deteriorating livelihoods, income, and health. This nexus is prevalent in coastal communities’ interactions with coastal and ocean ecosystems. The severe environmental degradation of coastal habitats and oceans endangers coastal communities whose livelihoods depend on marine ecosystem services. Millions of people depend directly on marine resources as their main source of food and income. Indonesia has the second-largest coastline in the world, stretching approximately 81,000 kilometres. Unfortunately, the threat to the sustainability of marine biodiversity is getting more complex. Strengthening the capacity of coastal communities as key actors in managing and protecting coastal sustainability can ensure their well-being. This article identifies and proposes a robust regulatory framework for ocean justice in Indonesia’s coastal regions. A conceptual approach is employed to achieve this goal, with a review of pertinent legal literature and documents. In addition, the critical legal studies method will be utilised to identify potential areas for improvement. It can be argued that Indonesia has yet to achieve the robust sustainability level currently being sought. The concept of strong sustainability is grounded in two fundamental moral principles: environmental ethics and distributive justice. The legal apparatus governing ocean management must be modified to address evolving governance challenges. Although robust sustainability is not the sole determining factor of community well-being, the institutionalisation of ocean justice has the potential to facilitate the actualisation of community well-being in Indonesia's coastal regions. ]]>
<![CDATA[Administrative Sanction Governance Reform: Optimising the Application of Administrative Sanctions in Indonesia ]]>
<![CDATA[Rahmawan, Ardianto Budi]]>;
<![CDATA[Nariswari, Alyca Azka]]>;
<![CDATA[Sholihah, Afnan Zahidatush]]>
<![CDATA[ Arena Hukum Vol. 18 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2025.01801.4
<![CDATA[In previous decades, the Administrative Court (PTUN) was not sufficiently functional to some extent. This article discusses the role of State Administrative Law in operating the oversight and the implementation of administrative sanctions in Indonesia, as well as the issues related to the implementation of administrative sanctions in Indonesia and the implications for public trust. Unlike previous studies that focus solely on the weakness of Indonesia’s administrative sanction system or the general administrative law system in Singapore, this article offers a comparative analysis of administrative reform in Singapore as its compliance and governance have successfully improved. This offer proposes an adaptive framework to optimise Indonesia’s administrative sanction system by taking Singapore’s approach as an example. This article also examines the moment of administrative reform in Singapore and the construction of adopting this reform in Indonesia. By providing an international perspective on administrative sanctions, this study enhances legal science by offering valuable insights for overseas readers on governance reform in developing legal systems and illustrating the role of comparative legal studies in driving institutional improvements beyond national borders. The research method used in this article is normative, utilising secondary data obtained from literature studies. This research uses statutory, case, and comparative approaches. Many cases, however, indicate that administrative sanctions in Indonesia are not properly functioning, leading to ongoing illegal violations and a decline in public trust. Therefore, administrative sanction management in Indonesia requires reform.]]>
<![CDATA[The Right to Reading Materials ]]>
<![CDATA[Purwanda, Sunardi]]>;
<![CDATA[Dewi, Mira Nila Kusuma]]>;
<![CDATA[Miqat, Nurul]]>
<![CDATA[ Arena Hukum Vol. 18 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2025.01801.3
<![CDATA[Article 13(2) of the ICESCR contains the provision of the right to education and freely access educational affairs, including reading materials. But can we establish the right to reading materials as the citizens’ rights? Does it apply to a certain group or all people without exception? And, under what conditions is the applicability of the right attached? Previous research articles by Andina (2011), Rahajaan (2012), Affandi (2017), Purwanda & Syahril (2021), Jacobs (2013), Hartsfield & Kimmel (2021) have not specifically reviewed the status of the right to reading materials, highlighting whether the provision of reading materials by the state has significance to the protection and recognition of rights and whether the right applies only to a group of people or all people without exception, as well as how the enforceability of the right is attached to citizens. The sophistication of this this sociolegal research uses an interdisciplinary approach in law, lies in the provision of reading materials by the state is a right that cannot be separated from the human right and the need for the state to provide reading materials as a form of protection and recognition of the citizen’s rights. The state is obliged to provide and protect the right to reading materials for its citizens as a form of protection and recognition of citizens' rights. Legal protection of citizens' rights to reading materials requires legal fulfilment by the state as part of the right to enjoy or obtain education (right to education).]]>
<![CDATA[Immigration Policies During the Pandemic In Indonesia: Economic Recovery v. Basic Rights ]]>
<![CDATA[Susanto, Fransiska A.]]>;
<![CDATA[Widagdo, Setyo]]>;
<![CDATA[Haris W., Alfi]]>
<![CDATA[ Arena Hukum Vol. 18 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2025.01801.1
<![CDATA[The COVID-19 pandemic has posed a significant challenge for Indonesia and nearly all countries worldwide. Each country has implemented its own policies to address the pandemic, but these policies are not always appropriate for the public, particularly regarding reopening national borders. A similar issue has also arisen in Indonesia, where the decision to reopen borders is deemed inconsistent with the country’s societal conditions. Government policies have also impacted the state’s fulfilment of fundamental human rights. This study analyses government policies in the field of immigration during the COVID-19 pandemic, examining their social implications and proposing a policy-making model that takes human rights into account during crises. While previous research has explored the legal and economic dimensions of pandemic-era immigration policies in various countries, this study provides a distinctive focus on Indonesia’s unique regulatory inconsistencies. Using a normative research method with statutory and conceptual approaches, this study addresses the existing issues. It finds that the government’s policies have yet to fully align with the protection of human rights and that the formulation of immigration regulations during a pandemic requires a more comprehensive and well-structured approach. It underscores the importance of integrating human rights-based approaches into emergency regulations, providing valuable insights for policymakers in other jurisdictions facing similar dilemmas. By examining Indonesia’s legal framework, this research offers comparative lessons on how emerging economies can reconcile economic imperatives with legal obligations under international human rights law.]]>
<![CDATA[Copyright Ownership of News Content on User Generated Content Based Platforms in Kompasiana ]]>
<![CDATA[Maulana, Muhammad Asrul]]>;
<![CDATA[Aristi, Savira]]>
<![CDATA[ Arena Hukum Vol. 18 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2025.01801.2
<![CDATA[Unlike previous studies that generally discuss copyright ownership in User-Generated Content (UGC) platforms, this research specifically analyzes the legal implications of Kompasiana’s terms and conditions concerning copyright and economic rights. This normative legal research using a statutory and a conceptual approach. The findings reveal that Kompasiana operates as a UGC platform allowing users to create and share content, such as articles, photos, and comments, while adhering to Indonesian copyright regulations under Law No. 28 of 2014. While Kompasiana’s terms and conditions align with Indonesian laws such as the ITE Law and Copyright Law, concerns remain regarding content creators’ economic rights, particularly when their content is used for promotional purposes without compensation. Terms of use vary depending on the validity of agreements under the legal system of each country, and intellectual property rights over UGC content also differ. This research contributes to legal science by providing a comparative framework applicable to international UGC platforms, emphasizing the necessity for transparent content ownership policies, dispute resolution mechanisms, and economic rights protections. This study offers insights into how different legal systems approach UGC ownership and copyright enforcement, allowing overseas readers to better understand the global implications of digital copyright law. To ensure fairness and legal compliance, Kompasiana should clarify whether users retain full economic rights or if the platform has a non-exclusive license to repurpose content and establish clearer mechanisms for content removal and dispute resolution. This study provides valuable insights into how UGC platforms worldwide can enhance legal transparency and user rights protection.]]>
<![CDATA[The Existence of “PTUN” as Judicial Power Institution in Indonesia (A Comparative Study of Institutional Format) ]]>
<![CDATA[Shafira Arizka Maulidyna]]>
<![CDATA[ Arena Hukum Vol. 18 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2025.01801.5
<![CDATA[As Strong’s study, the sharp difference between the common law and the civil law is the existence of an administrative judiciary (“Peradilan Tata Usaha Negara” / PTUN). Indonesia has a special affinity for the habits of civil law countries, but the implementation of PTUN actually tends to adopt the common law state. The legal issues in this study are : 1) what is the institutional comparation between the PTUN and other countries; and 2) what is the position of the PTUN as the implementer of judicial power in carrying out the function of resolving administrative disputes in Indonesia. Different with previous research, this study focuses on the institutional aspect to see the extent legal traditions influence the format and pattern of the PTUN in Indonesia. This normative research uses a conceptual approach, statute approach and comparative studies. As a contribution to overseas readers, this research compares the PTUN in Indonesia with administrative court in France, Netherlands, Germany, Thailand, United States. The format of the administrative court institution is not only associated with the characteristic factors of the legal system, but also by looking at the historical factors. The main feature of the administrative court is the existence of a jurisdictional distinction compare to the ordinary courts. Since the format is not well known in Indonesia, so there are many weaknesses in practice, especially related to executory functions. Reconstruction is needed to increase the effectiveness of PTUN through expanding competence to increase the authority of PTUN.]]>
<![CDATA[Comparative Analysis of Undue Influence as a Basis for Contract Annulment: Comparison Indonesia and Malaysia ]]>
<![CDATA[Fidhayanti, Dwi]]>;
<![CDATA[Umam, Khairul]]>;
<![CDATA[Hanafi, Hanira]]>
<![CDATA[ Arena Hukum Vol. 18 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2025.01801.7
<![CDATA[This research offers novelty by conducting a comparative analysis of the application of the doctrine of undue influence in contract cancellation in Indonesia, particularly in the context of comparing different legal systems. Previous study such as those conducted by Ariyanto (2023), revealed that Indonesia lacks a clear legal framework regarding undue influence in contract cancellation. Meanwhile, Azam (2020) highlighted that the doctrine in consumer financing cases in Indonesia limits contractual freedom. This study compares the application of the doctrine of undue influence as a basis for contract cancellation in Indonesia and Malaysia, aiming to formulate an ideal model for Indonesia inspired by the application in Malaysia. The research method employs normative legal research method with a comparative legal approach. Legal materials are collected through extensive library research and analyzed using systematic and grammatical legal interpretation methodology. The novelty of this study lies in its in-depth comparison of the application of this doctrine in Indonesia and Malaysia, focusing on significant similarities between two countries, influencing how the harmed party seek cancellation. Indonesia has the opportunity to adopt Malaysia’s approach, which encourages judges to offer alternative solution and conduct deeper psychological analysis. This research may inspire ideas to explore the application of the doctrine of undue influence in the countries with different legal systems, such as those following common law or civil law systems. ]]>
<![CDATA[Explore the Values of Pancasila as the Basic Philosophy of the Indonesian Nation ]]>
<![CDATA[Sudirta, I Wayan]]>;
<![CDATA[Pieris, John]]>;
<![CDATA[Nugroho, Wachid]]>;
<![CDATA[Ryantoni, Hanugra]]>
<![CDATA[ Arena Hukum Vol. 18 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Brawijaya ]]>
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DOI: 10.21776/ub.arenahukum2025.01801.6
<![CDATA[This research explores the values of Pancasila in three approaches: beliefs, knowledge and action dimension. Legal construction and deconstruction methods are used in this research. Some previous studies that distinguish this research, Nataliana, et.al (2022) discusses Pancasila within the scope of the Indonesian maritime state, Izzati and Muslikhah (2024) analyses Pancasila as the philosophy of the Indonesian nation, and Junia, et.al (2025) explores Pancasila in its level as an ideology and state philosophy. The striking difference from this research is the depth of discussion about Pancasila in this journal to find findings related to the foundation of Pancasila as the philosophy of the Indonesian state. The values in Pancasila developed along with the formulation by the founding fathers, but remained at the root of Soekarno’s conception that Pancasila as Philosofische Grondslag and as Weltanschaung. In Pancasila there are values that contain cultural values (the first, second and third precepts), political values and mutual cooperation (fourth precept), and material values and justice (fifth precept). All of these values have not been the basis of work and the preparation of policy platforms in all lines and Indonesian state administration. The contribution of research to legal science can be seen from the position of Pancasila as a state ideology that is explored more deeply in this research in order to explore its values as the basis of the Indonesian nation and become a reflection for other countries in exploring the philosophical values of their state ideology. ]]>
