Justice Voice

A Legal Analysis of the Implications of Granting Mining Permits to Religious Organizations

Muhammad Nor — 2026-08-18

Indonesia holds the world’s largest nickel reserves and accounts for approximately 40% of total global production. The management of mineral and coal mining is regulated under Law Number 4 of 2009 concerning Mineral and Coal Mining, which has subsequently been amended. Amid public opposition to the Job Creation Law, which has been criticized as unconstitutional and anti-democratic, the government sparked further controversy by issuing Government Regulation (GR) Number 25 of 2024, in connection with the revision of Law Number 3 of 2020 concerning Mineral and Coal Mining, which was subsequently enacted as Law Number 2 of 2025 through a plenary session of the House of Representatives of the Republic of Indonesia. GR Number 25 of 2024 amends GR Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities. This study aims to examine the consistency and harmonization of regulations governing mining permits and to analyze the implications of granting mining permits to community and religious organizations. This study employs normative legal research, focusing on the examination of statutory regulations and other legal sources. The analysis draws on formal legal sources, including laws, decisions, and regulations, which are grounded in prevailing societal norms and values. The primary legal source examined in this study is GR Number 25 of 2024 concerning the Implementation of Mineral and Coal Mining Business Activities. The study concludes that the issuance of mining permits, including those managed by community and religious organizations, must comply with the applicable regulatory framework. However, regulatory disharmony exists between Law Number 2 of 2025 and GR Number 25 of 2024, resulting in an inconsistency between the Government Regulation and the hierarchy of laws and regulations. Furthermore, granting mining permits to community and religious organizations may potentially result in financial losses to the state, given that such organizations lack the capacity and corporate experience required to manage mining operations.

Ecotheology-Based Enforcement of Environmental Criminal Law: Integrating Positive Law and Islamic Law for Ecological Protection

Ahmad Mubarak — 2026-08-18

Environmental criminal law enforcement in Indonesia continues to face fundamental challenges, including weak deterrent effects, a predominant administrative orientation, and the suboptimal realization of ecological restoration as an objective of criminal punishment. At the same time, environmental degradation is not merely a legal issue but also has moral, spiritual, and theological dimensions, as it concerns the relationship between human beings, God, one another, and nature. This study aims to analyze ecotheology-based environmental criminal law enforcement by integrating Indonesian positive law with the principles of Islamic law. This study employs normative legal research using conceptual and statutory approaches. The legal materials examined comprise primary legal materials, including Law Number 32 of 2009, Law Number 6 of 2023, Government Regulation Number 22 of 2021, as well as Islamic legal sources derived from the Qur’an, hadith, and principles of Islamic jurisprudence (qawaid fiqhiyyah). Secondary legal materials were obtained from scholarly literature, judicial decisions, and reports issued by credible institutions. The findings indicate that ecotheology can strengthen the paradigm of environmental criminal law enforcement by positioning environmental pollution and degradation not only as violations of law but also as a betrayal of the human responsibility as khalifah (stewards) of the Earth. This approach promotes a model of criminal punishment that is not solely retributive but also preventive, restorative, educational, and transformative. The study concludes that ecotheology-based environmental criminal law enforcement is relevant to fostering ecological legal awareness, strengthening corporate accountability, and expanding the orientation toward environmental restoration as an integral component of ecological justice.

Unlawful Acts by Contract Manufacturing Companies Arising from the Use of Hazardous Substances in Indonesia’s Cosmetics Industry

Tsalatsavira Anastasia Rachmania Hernanda — 2026-09-13

This study aims to analyze whether the use of hazardous substances by contract manufacturers in cosmetic production satisfies the elements of an unlawful act and to examine the resulting civil liability. This study employs a normative legal research method using statutory and conceptual approaches. The legal issues are analyzed prescriptively based on the theory of unlawful acts and the theory of legal liability. The findings demonstrate that the use of hazardous substances satisfies all elements of an unlawful act as stipulated in Article 1365 of the Indonesian Civil Code, namely the existence of an act, unlawfulness, fault, damage, and a causal relationship. Such conduct also contravenes Law Number 17 of 2023 on Health, Government Regulation Number 28 of 2024, and regulations issued by the Indonesian Food and Drug Authority concerning cosmetic safety and quality. Accordingly, contract manufacturers may be held civilly liable to provide compensation for material and immaterial damages and to restore the injured parties to their prior condition. Contractual clauses limiting liability do not exempt contract manufacturers from civil liability where the damage arises from their fault or violation of the law.

Legal Protection for Consumers Against the Loss of Insured Goods in E-Commerce Transactions

Yehezkiel Putra Pratama — 2026-09-13

The high volume of e-commerce activity in Indonesia has increased the risk of goods being lost during delivery, including goods covered by insurance. This study aims to analyze the forms of legal protection available to consumers for the loss of insured goods in e-commerce transactions and to construct a framework for the allocation of legal responsibility among sellers, Electronic Commerce System Operators (Penyelenggara Perdagangan Melalui Sistem Elektronik, PPMSE/marketplaces), delivery service providers, and insurance companies. The novelty of this study lies in developing a model for allocating responsibility among multiple parties that distinguishes the sources, conditions, and limits of each party’s responsibility while clarifying the distinction between legal liability and the transfer of economic risk through insurance (risk transfer). This study employs normative legal research using statutory and conceptual approaches. The legal materials are analyzed through grammatical, systematic, and teleological interpretation, together with legal argumentation, to establish the interrelationship among consumer protection, electronic commerce, carriage of goods, contracts, and insurance. The findings demonstrate that consumer protection is available through both preventive and remedial mechanisms. Sellers remain subject to obligations arising from the contractual relationship of sale and purchase and the Indonesian Consumer Protection Law (UUPK); PPMSEs are responsible within the scope of their obligations relating to the operation of electronic systems and electronic commerce; delivery service providers are responsible in accordance with the contractual relationship governing the carriage of goods and any fault in the performance of their services; and insurance companies are required to honor claims provided that the insured risk falls within the scope of coverage and the policy requirements are satisfied. The existence of insurance does not necessarily eliminate the legal liability of other parties but instead transfers certain economic risks in accordance with the terms of the insurance policy.

The Use of Special Terminals for the Interests of Other Parties: An Analysis of the Authority and Discretion of the Harbormaster and Port Authority Office (KSOP) from the Perspective of Legal Certainty

Asmaru Amru — 2026-09-13

In principle, a Special Terminal (Terminal Khusus, Tersus) is established to support the business activities of its owner and is not intended to serve the public interest. In practice, however, limitations in the capacity and facilities of public ports have resulted in Tersus facilities frequently being used for the loading and unloading of goods belonging to other parties through an authorization mechanism. This study aims to analyze the legal framework governing the use of Tersus facilities by other parties, the practical needs underlying such use, and the authorization mechanism and authority of the Harbormaster and Port Authority Office (Kantor Kesyahbandaran dan Otoritas Pelabuhan, KSOP) in granting approval. This study employs normative legal research using statutory and legal-theoretical approaches, drawing on legal positivism, the theory of authority, administrative law theory, and the theory of legal certainty. The findings demonstrate that Law Number 17 of 2008, Government Regulation Number 61 of 2009, and Minister of Transportation Regulation Number PM 52 of 2021 provide a legal basis for the use of Tersus facilities by other parties but do not comprehensively regulate the parameters, procedures, and criteria for granting authorization. This regulatory gap leaves considerable scope for administrative discretion by the KSOP, potentially creating legal uncertainty and disparities in policy implementation. Accordingly, regulatory harmonization, clearer technical guidelines, and simplified authorization mechanisms are required to enhance legal certainty and the effectiveness of public services and to support the efficient operation of national logistics.

Entrepreneurship and the Criminalization of Innovation: Reconstructing the Boundaries of Mens Rea in Disruptive Logistics Innovation

Sariat Arifia — 2026-09-23

This study examines the intersection between innovations in cross-border logistics business models, particularly commercial personal-shopping services (jasa titip) and digital logistics aggregators, and the customs criminal law regime. It addresses two principal issues: how the element of culpability, or mens rea, is constructed in customs offences relevant to logistics innovation, and how the boundaries of criminal liability and a regulatory sandbox framework for the sector should be reconstructed. Employing normative legal research, this study adopts statutory, conceptual, and case approaches. It analyses Articles 102, 103, 107, and 108 of Law No. 10 of 1995, as amended by Law No. 17 of 2006 on Customs; Article 36 and Articles 45–50 of Law No. 1 of 2023 on the Criminal Code; Supreme Court Regulation No. 13 of 2016; and regulations governing consignments and passengers’ personal belongings. The analysis also draws on North Jakarta District Court Decision No. 185/Pid.Sus/2016/PN.Jkt.Utr in conjunction with Supreme Court Decision No. 294 K/Pid.Sus/2018. The findings demonstrate that customs offences remain fundamentally grounded in culpability; thus, the perception that strict liability applies is attributable more to law-enforcement practice than to an explicit normative mandate. The principal problem instead lies in the absence of clear parameters for distinguishing administrative non-compliance arising from incompatibilities in documentary formats from intentional conduct aimed at evading state levies. This study proposes six parameters for delineating mens rea, together with a normative design for a logistics regulatory sandbox encompassing participant eligibility criteria, limitations on scale and duration, data-sharing obligations, limited legal safeguards, and exit policies. This framework is intended to reposition criminal law as an ultima ratio.

Violations of Excise Regulations as a Basis for Unlawful Acts and the Limits of Liability for Competitor Losses in the Legal Cigarette Market

Muhammad Yunus — 2026-09-23

This study examines whether the circulation of illegal cigarettes satisfies the elements of an unlawful act (Perbuatan Melawan Hukum or PMH) under Article 1365 of the Indonesian Civil Code and identifies the civil remedies available to legal cigarette businesses as a means of legal protection. This study employs normative legal research using statutory, conceptual, and case approaches. Legal materials were collected through a literature review encompassing primary, secondary, and tertiary legal materials and were analyzed qualitatively. The findings demonstrate that the circulation of illegal cigarettes satisfies the four elements of an unlawful act: an unlawful act consisting of the production and distribution of cigarettes without payment of the applicable excise duties, accompanied by indications of predatory pricing practices; fault arising from the deliberate disregard of excise obligations; losses in the form of declining sales and revenues suffered by legal cigarette businesses; and a causal relationship between the lower prices of illegal cigarettes and the losses incurred by legal cigarette businesses. Legal cigarette businesses may pursue civil remedies through litigation by bringing an unlawful-act claim under Articles 1365 and 1366 of the Indonesian Civil Code to seek compensation for pecuniary and non-pecuniary losses. Non-litigation measures may also be pursued through mediation, contractual clauses with distribution partners, and cooperation with the Customs and Excise authorities. Accordingly, civil law may serve as an additional legal instrument, alongside administrative and criminal law, for protecting legal cigarette businesses from unfair business competition.

Variations in Judicial Ratio Decidendi in Awarding Hadhanah of Non-Mumayyiz Children to the Father

Siti Jubaedah — 2026-09-23

Custody (hadhanah) of a child who has not yet reached the mumayyiz stage is generally awarded to the mother. Judicial practice, however, demonstrates that courts may award hadhanah to the father based on the particular circumstances of the case and the interests of the child. This divergence raises questions concerning variations in judicial ratio decidendi in awarding hadhanah of non-mumayyiz children to fathers and the compatibility of such decisions with Islamic law and the principle of the best interests of the child. This study aims to analyze and compare the judicial reasoning in Decision No. 3688/Pdt.G/2023/PA.Kab.Kdr., Decision No. 2346/Pdt.G/2023/PA.JS, and Decision No. 11/PDT/2020/PT SMR, and to examine their conformity with Islamic legal provisions governing hadhanah and the principle of the best interests of the child. The theoretical framework encompasses the theory of hadhanah, the theory of legal protection for children, and the principle of the best interests of the child as analytical foundations for assessing judicial considerations in determining the holder of child custody. This study employs normative legal research using statutory, case, and conceptual approaches. Legal materials were collected through a literature review encompassing primary, secondary, and tertiary legal materials and were analyzed qualitatively. The findings demonstrate that, although all three decisions awarded hadhanah of non-mumayyiz children to their fathers, the courts relied on different legal considerations. Decision No. 3688/Pdt.G/2023/PA.Kab.Kdr. was based on an agreement reached by the parties through mediation, whereas Decision No. 2346/Pdt.G/2023/PA.JS and Decision No. 11/PDT/2020/PT SMR were based on facts established during the proceedings indicating that the fathers were considered better able to ensure the fulfilment of the children’s needs, protection, and interests. These differences demonstrate variations in the application of the law arising from the particular legal and factual circumstances of each case. Nevertheless, all three decisions are fundamentally oriented toward the welfare and best interests of the children and may be justified insofar as the determination of hadhanah is based on the concrete circumstances of each case and remains consistent with the principles of child protection.

Legal Implications of Financial Statement Discrepancies for Creditors’ Claims in Suspension of Debt Payment Obligations (PKPU) Proceedings

Ananda Syakira Asikin — 2026-10-04

Financial statements play an important role as instruments of corporate transparency and accountability, particularly in proceedings for the Suspension of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang/PKPU). Legal issues arise when creditors’ claims are neither recognized nor disclosed in the financial statements of a publicly listed company, potentially resulting in the rejection of such claims during the debt verification process and the loss of creditors’ rights in PKPU proceedings. This study aims to analyze the legal implications arising from the non-recognition of creditors’ claims in the financial statements of a publicly listed company during PKPU proceedings and to examine the legal remedies available to creditors in seeking legal protection. This study employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed using a descriptive-analytical method. The findings indicate that the non-recognition of creditors’ claims in financial statements may result in the rejection of such claims during the claims verification process, the loss of creditors’ rights to participate in voting on the composition plan and to receive debt repayment, as well as legal uncertainty. Such conduct is also inconsistent with the principles of transparency and accountability as stipulated in capital market regulations, Indonesian Financial Accounting Standard (PSAK) 01, and Law Number 37 of 2004. Creditors may pursue non-litigation remedies through mediation or litigation remedies, including objections to the claims verification process, renvoi proceedings, civil lawsuits, or other legal remedies to ensure legal certainty and the fulfillment of creditors’ rights.

Legal Protection of Workers’ Wage Rights from the Perspective of Labor Law in Indonesia

Usamah Tuanaya — 2026-10-04

This study aims to analyze the legal protection of workers’ wage rights from the perspective of labor law in Indonesia and to examine its implementation in employment relations practices. The study addresses the forms of legal protection available to workers and the challenges affecting the fulfillment of wage rights. The novelty of this research lies in its comprehensive analysis of the relationship between wage protection norms, law enforcement mechanisms, and the effectiveness of protecting workers’ wage rights following recent labor law reforms in Indonesia. This research employed a normative legal research method using statutory and conceptual approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials and analyzed qualitatively. The findings reveal that workers’ wage rights are protected through both preventive and repressive legal mechanisms, including minimum wage policies, wage structures and scales, labor supervision, and industrial dispute resolution procedures. However, the effectiveness of such protection remains constrained by low employer compliance, limited labor inspection capacity, and insufficient worker awareness of legal rights. Therefore, strengthening labor supervision, enhancing legal awareness, and improving law enforcement mechanisms are necessary to optimize the protection of workers’ wage rights. This study contributes to the development of labor law scholarship and provides policy recommendations for improving worker protection in Indonesia.

A Juridical Analysis of Breach of Contract in Technology-Based Distribution Project Agreements: A Study of Decision Number 821/Pdt.G/2023/PN JKT.SEL

Olga Pavita Chrisworo — 2026-10-04

This study aims to analyze whether the absence of Electronic System Provider Registration (TD PSE) and Digital Financial Innovation (IKD) registration at the time the agreement was concluded rendered the Distribution Project Agreement between PT Fairbanc Technologies Indonesia and CV Sinar null and void due to the failure to satisfy the requirement of a lawful cause, and to examine the legal consequences of Decision Number 821/Pdt.G/2023/PN JKT.SEL for the breach of contract claim and the possibility of refiling the lawsuit. This study employs a normative legal research method using statutory, conceptual, and case approaches. Legal materials were collected through library research and document study and were subsequently analyzed using a descriptive-analytical method. The findings indicate that, textually, the Distribution Project Agreement contains contractual elements relating to the parties, the object of cooperation, service fees, payment security funds, maturity dates, and penalties for late payment, and may therefore serve as a basis for assessing breach of contract if the agreement is deemed valid and binding. The panel of judges did not examine the alleged breach of contract on its merits because it first declared the agreement null and void due to issues concerning the administrative legality of TD PSE and IKD registration. The study concludes that a decision declaring the claim inadmissible does not eliminate the possibility of establishing a substantive breach of contract, but it requires a revised legal construction should PT Fairbanc Technologies Indonesia refile the lawsuit.