POLICY, LAW, NOTARY AND REGULATORY ISSUES

Reformulation of the Investigation Time Limit for Money Politics Electoral Crimes in Indonesia

2026-05-23T04:26:11+00:00

Money politics remains a dominant electoral violation in Indonesia and Malaysia, undermining democratic integrity and the principles of direct, universal, free, secret, honest, and fair elections. Weak law enforcement, normative disparities between election supervisory bodies and national police, and a transactional political culture exacerbate the problem. This paper analyzes criminal law policy on electoral money politics and evaluates reform implementation, focusing on the disharmonization between working-day and calendar-day investigation time limits, which affects the Integrated Law Enforcement Center’s effectiveness. Using normative legal research with statutory, conceptual, and sociolegal approaches, the study finds that money politics persists through cash distribution, social assistance, and misuse of government programs. Discrepancies in time limit terminology stall many cases at investigation stages, as formal and material requirements cannot be met within tight deadlines. Current criminal sanctions lack deterrent effect due to enforcement weaknesses and evidentiary complexity. The paper recommends reformulating investigation time limits from calendar days to working days, strengthening coordination among law enforcement bodies, enhancing political financing transparency, and intensifying public political education to reinforce electoral integrity and prevent money politics.

Reconstructing State Economic Loss Calculation in Corporate Corruption Adjudication

2026-05-07T03:40:37+00:00

Indonesian anti-corruption adjudication continues to grapple with inconsistent quantification of state financial loss in corporate corruption cases. This study examined two recent cassation rulings of the Indonesian Supreme Court involving the palm oil industry and analyzed them against two 2026 rulings of the Constitutional Court that reaffirmed the exclusive declaring authority of the Supreme Audit Agency and entrenched the actual loss principle. Using a normative juridical design, the analysis combined statute, case, and conceptual approaches, complemented by comparative insights from the French Sapin II framework and the Spanish recovery model. The evidence indicated a methodological disorientation, namely that the same court relied on a proceeds-oriented calculus in one ruling and a loss-oriented calculus in another, even though the underlying fact patterns were materially comparable. This oscillation has eroded legal certainty and weakened the deterrent function of corporate criminal liability. To address this and to harmonize practice with the new constitutional jurisprudence, the discussion proposed an Integrated Economic and Ecological Audit Standard, configured as a three-layer architecture in which the Supreme Audit Agency declares, supporting institutions supply technical valuations, and the trial court independently validates. Five components, comprising unlawful gain, direct fiscal loss, ecological recovery cost, downstream economic loss, and social cost, are reframed as quantifiable financial figures within the broader umbrella of state economic loss. The findings suggested that consistent adoption of this architecture could systematize judicial reasoning, improve recovery rates, and tighten corporate accountability, offering practitioners and lawmakers a coherent doctrinal template.

A Legal Analysis of Self-Defense (Noodweer) in Criminal Assault Cases

2026-06-23T04:54:20+00:00

The application of self-defense (noodweer) in assault cases remains a controversial issue in Indonesian criminal law, particularly regarding the limits of justified defensive actions and criminal liability in spontaneous multi-party conflicts. This study aims to analyze the criminal liability of the parties involved and examine the applicability of noodweer and noodweer exces under the Indonesian Criminal Code. This research employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of Articles 49 and 351 of the Indonesian Criminal Code, supported by secondary legal materials, including legal doctrines, scholarly literature, and recent studies. The collected legal materials were analyzed qualitatively through descriptive-analytical methods. The findings indicate that A acted as the initial aggressor by initiating and continuing unlawful violence against B and C. Although B's act of striking A with a wooden object formally fulfills the elements of assault, it may be justified as noodweer or alternatively categorized as noodweer exces. Meanwhile, C's intervention is solely aimed at preventing further violence and therefore does not constitute a criminal offense. The study emphasizes the importance of contextual interpretation, proportionality, and defense of others in determining criminal liability.

The Authority and Legal Validity of Notarial Deeds Drawn Up by A Notary Who is a Suspect

2026-06-26T08:56:09+00:00

The growing number of notaries in Indonesia being designated as criminal suspects has raised pressing questions regarding the continuity of their authority and the legal standing of the deeds they have executed, underscoring the need for a clear normative framework on this issue. This study aims to analyze the legal implications of the designation of a Notary as a suspect on their authority and the validity of authentic deeds under Indonesian positive law, encompassing both the authority retained by a notary in carrying out his duties while holding suspect status and the legal consequences befalling authentic deeds executed during this period. This research employs a normative legal method with statutory and conceptual approaches. The results show that the designation of a Notary as a suspect does not automatically limit or revoke their authority, as the Law on Notary Position does not recognize suspect status as a ground for dismissal. Article 9 paragraph (1) of the Notary Law provides a limitative regulation on temporary suspension, including when a Notary is under detention. Furthermore, authentic deeds executed by a Notary holding suspect status remain valid and retain their full evidentiary power, provided they comply with the requirements set forth in Articles 1868 and 1870 of the Civil Code. A suspect's status does not impact deed validity unless proven legal violation in execution occurs causing degradation or nullification of the deed. Thus, while it lacks direct legal consequences suspect status carries sociological implications harming public trust and legal certainty.

Community Participation in the Planning, Formation and Supervision of BUMDes in Betimus Mbaru Village - Sibolangit

2026-07-10T05:59:10+00:00

Village-Owned Enterprises (BUMDes) support village economic development, but community participation in Betimus Mbaru remained limited following the failed pig farming program. This study aims to analyze community participation in the planning, formation, and supervision of Village-Owned Enterprises (BUMDes) in Betimus Mbaru Village, Sibolangit District. This study uses a qualitative descriptive method with data collection techniques through observation, interviews, and documentation. The research informants consisted of the village government, BUMDes administrators, and the people of Betimus Mbaru Village who were involved in the management of BUMDes. The data was analyzed descriptively to determine the form and level of community participation in each stage of BUMDes management. The results of the study showed that community participation in the planning and formation stages of BUMDes was quite good through community involvement in village deliberations, providing ideas, and supporting village business programs. However, the implementation of BUMDes in Betimus Mbaru Village has failed, especially in the livestock development program. The failure was caused by limited human resources (HR), both in terms of knowledge, business management skills, and supervision of BUMDes activities. In addition, low community participation in the supervision stage is also a factor that affects the suboptimal management of BUMDes. Therefore, it is necessary to increase the capacity of human resources through training, mentoring, and strengthening transparency and supervision so that the management of BUMDes can run more effectively and sustainably.

Greenwashing in the IPO Process: The Urgency of Protecting Capital Market Investors

2026-07-07T03:46:36+00:00

The practice of greenwashing in initial public offerings (IPOs) poses a challenge to the Indonesian capital market, in line with the growing trend and demand for sustainable investment. Greenwashing involves the manipulation of a company’s environmental claims or performance to enhance its value and appeal to investors. The disclosure of misleading sustainability information has the potential to create information asymmetry and harm investors, whilst the regulations currently in force in the Indonesian capital market still contain legal loopholes that allow such practices to occur. The disclosure of misleading sustainability information may create information asymmetry and harm investors, while current Indonesian capital market regulations still contain legal loopholes that permit such practices. This normative legal study aims to analyse the urgency of protecting capital market investors against information asymmetry caused by pseudo-green claims during the IPO process. The findings indicate that neither the Law nor the Financial Services Authority Regulations explicitly regulate greenwashing practices in the IPO process; consequently, legal protection for investors against such practices remains inadequate. Therefore, this study recommends the reformulation of Financial Services Authority Regulation No. 51/POJK.03/2017 on the Implementation of Sustainable Finance to include provisions covering the IPO stage, strengthening standards and transparency in the disclosure of sustainability information through stricter verification requirements, and the establishment of an independent body authorised to audit and verify sustainability reports prior to an IPO. It is hoped that these recommendations will strengthen legal certainty, enhance investor protection, and foster a more transparent, accountable and equitable Indonesian capital market.

The Golden Square and the Genesis of Iraqi Instability: Military Coups and Political Transformation in 1936

2026-06-04T05:16:53+00:00

The change in civil-military relations in Iraq during the period 1936-1937 marked the transformation of the military from a state defense institution into a political actor that played a direct role in the transfer of power. Although the 1936 military coup is recognized as the first coup in the Arab world, the factors driving this change and its impact on the development of Iraq’s political system still require comprehensive historical study. This research aims to analyze the main causes of the 1936-1937 military coups, evaluate their influence on the evolution of Iraq’s political system, and examine the relationship between domestic and external factors that shaped the success of military intervention. The research uses a qualitative historical approach through archival research, analyzing official British and Iraqi documents, memoirs, and various secondary historical sources. The results show that the weakening of civil institutions, the increasing politicization of the military, competition among political elites, and external interests created conditions that enabled the military to take on a political role. The 1936 coup not only changed the government but also legitimized military intervention as a mechanism of political change, thereby weakening constitutional government and altering the balance of power between civil and military authority. This research contributes to the understanding of the dynamics of civil-military relations and the origins of political instability in Iraq and developing countries in the Middle East.

National Housing Authority Projects in the Philippines: A Structured Narrative Literature Review and Policy Implications

2026-07-07T03:24:53+00:00

The National Housing Authority (NHA) plays a pivotal role in delivering public housing programs in the Philippines; however, existing evidence on program implementation remains fragmented across diverse geographical settings, policy contexts, and methodological approaches, limiting an integrated understanding of the factors shaping housing outcomes. This study synthesizes the literature on NHA housing projects to examine recurring implementation patterns and develop evidence-informed policy implications for strengthening public housing governance. A structured narrative literature review, guided by the PRISMA 2020 reporting framework, was undertaken to identify, screen, and synthesize 22 relevant studies published between 2016 and 2026. The included literature was analyzed using thematic synthesis to integrate evidence across heterogeneous research designs. The thematic synthesis generated seven interrelated analytical themes: the evolution of NHA programs, housing quality and physical infrastructure, beneficiary satisfaction and residential well-being, livelihood and economic opportunities, accessibility to essential services, governance and community participation, and implementation challenges. Governance functions as the integrating mechanism linking housing quality, service accessibility, livelihood opportunities, and community participation, while challenges arise from systemic institutional and socioeconomic constraints rather than isolated operational deficiencies. These findings suggest that the effectiveness of NHA housing programs depends on integrated policy implementation that aligns physical infrastructure with governance capacity, socioeconomic development, and long-term community sustainability. By consolidating fragmented evidence into a coherent framework, this review provides a stronger conceptual foundation for evidence-informed housing policy, public housing governance, and future research on NHA programs in the Philippines.

Potential Use of the Single Economic Entity (SEE) Doctrine in Assessing the Liability of PT Maruka Indonesia and PT Unique Solutions Indonesia

2026-07-28T07:43:55+00:00

The case of conspiracy to obtain company secrets belonging to PT Chiyoda Kogyo Indonesia committed by PT Maruka Indonesia, Hiroo Yoshida, and PT Unique Solutions Indonesia highlights an important issue because in the verdict, not all of the reported parties were found guilty of violations. The main focus of this study is to analyze the violation of Article 23 of Law Number 5 of 1999 by the Respondents and to determine the use of the Single Economic Entity (SEE) doctrine in assessing the connection and responsibility of the Respondents. The research was conducted using a case approach, a conceptual approach, and a legislative approach using sources of legislation, books, and journals. The results of the study show that the use of the SEE doctrine makes it possible for all respondents, and Maruka Corporation, to be held accountable as a single entity for violating Article 23 of Law Number 5 of 1999, mainly due to indications of integration of interests through the establishment of PT Unique Solutions Indonesia, Hiroo Yoshida's position as a strategic liaison, and the interconnection of corporate structures within the Maruka group. This study demonstrates how the SEE doctrine could expand corporate liability in Indonesian competition law enforcement, offering a framework to close accountability gaps left by strict adherence to separate legal entity principles.

Administrative Suspension of Land Rights Applications on Former HGB Land: A Study of Discretion and Legal Certainty

2026-08-03T08:54:12+00:00

This study addresses the absence of explicit regulatory provisions governing the mechanism for suspending land rights applications; in practice, BPN therefore exercises administrative discretion guided by the principle of prudence and the General Principles of Good Governance (AUPB). Accordingly, this study aims to analyze BPN's authority to suspend applications for Right to Use (Hak Pakai) over land previously encumbered by Building Use Rights (HGB), and to examine the consistency of such decisions with the principles of administrative land law and legal certainty. This study employs a normative legal research method, utilising a legislative, conceptual and case-based approach, through an analysis of legislation and relevant legal literature. The findings indicate that the suspension of applications for Right to Use constitutes an exercise of administrative discretion in the absence of specific legal norms; however, it lacks clear operational parameters, which may potentially result in an overextension of administrative authority in land governance practices. Furthermore, BPN’s considerations are predominantly driven by factual circumstances, such as claims of physical possession by communities, rather than normative considerations, including the priority rights of former HGB holders and the legal appropriateness of land utilization. This condition reflects an imbalance in the application of the principle of legal certainty within land administration. This study concludes that clearer, more operational regulatory frameworks are required to govern the suspension mechanism, define parameters for assessing priority rights, ensure that administrative discretion remains within lawful boundaries, and strengthen legal certainty in land administration.