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Arena Hukum
Published by Universitas Brawijaya
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 423 Documents
 39   40   41   42   43 
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/ub.arenahukum2025.01803.4

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; Mulyono, Ferio Ivan; Ganecha, Maulana Kasyfillah Syauqi
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01803.2

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/ub.arenahukum2025.01803.7

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/ub.arenahukum2025.01803.6

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.
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.

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