Jurist-Diction

Examining Indonesia's Preparations for Ratifying the BBNJ Agreement

Ardelia Clarissa Noensie — 2025-05-31

The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement is a crucial international legal instrument for conserving marine biological diversity in areas beyond national jurisdiction. Although Indonesia has signed the agreement, ratification has yet to be completed. This article aims to assess Indonesia's readiness to ratify the BBNJ Agreement. Through a normative-empirical approach, this article will analyze the relevance of the BBNJ Agreement to Indonesia, the ratification process for international agreements in Indonesia, and the progress of Indonesia's preparations to ratify the BBNJ Agreement. This article is expected to provide recommendations to policymakers to accelerate the ratification process and support Indonesia's contribution to the sustainable management of conserving marine biological diversity in areas beyond national jurisdiction.

Policy on the Provision of Contraceptive Devices for School-Aged Children and Adolescents from the Perspective of Legal Utility

Asfa Asfiais Sholihah — 2025-05-31

The policy on providing contraceptive devices for school-aged children and adolescents in Government Regulation No. 28 of 2024 on Health does not clarify the qualifications of children and adolescents eligible to receive contraceptive provisions, allowing room for negative interpretations. This study aims to analyze the underlying considerations of the policy while assessing whether the provision of contraceptive devices for school-aged children and adolescents aligns with the principle of utility as a legal objective. This research employs a normative legal method using statutory, conceptual, and comparative approaches. The findings indicate that Indonesia is still striving to reduce the high maternal and infant mortality rates. Given the still-high prevalence of child marriage, this policy is intended to lower maternal and infant mortality rates caused by high-risk pregnancies among adolescent couples engaged in early marriage. In terms of fulfilling fundamental human rights and the significant positive impact of the policy, it essentially reflects the aspect of legal utility.

Balancing Formalism and Justice An Analysis of Indonesian Mahkamah Agung’s Obscuur Libel Case Law in Light of ECtHR Standards

Axcelia Deandra Surya — 2025-05-31

Legal formalism plays a crucial role in ensuring consistency and predictability in judicial decision-making. However, excessive formalism can obstruct access to justice by prioritising procedural technicalities over substantive justice. This paper examines the Indonesian Supreme Court’s approach to Obscuur Libel cases where lawsuits may be dismissed due to failure to meet formal requirements. By analysing these decisions in light of the European Court of Human Rights (ECtHR) standards, this study explores the tension between procedural rigour and substantive justice. The paper assesses whether Indonesian case law aligns with ECtHR principles on fair trial rights and access to justice and identifies instances where excessive formalism may hinder judicial fairness. It further proposes guidelines to balance legal certainty with substantive justice, ensuring procedural fairness without unduly restricting legal remedies. By offering suggestions for enhancing procedural justice in Indonesia's legal system, this study adds to the larger conversation on judicial formalism and access to justice.

Economic Crisis Recovery with Legal Policies by Governments (A Comparative Study between Indonesian, French, and Argentinian Law)

Muh Farhan Arfandy — 2025-05-31

This article compares the legal policies implemented by France, Argentina, and Indonesia in addressing economic crises. The research method used in this study is doctrinal legal research, combined with a prescriptive-analytical approach, aims to provide recommendations for addressing specific issues and generate arguments, theories, or new concepts as solutions. The findings of this research indicate that France, through the Macron Law, seeks to overcome the economic crisis by reforming the labor market and implementing social policies. Meanwhile, Argentina addresses economic crises by referring to its Constitution, particularly Article 76 and Article 99(3), which provide the legal framework for the government to handle public emergencies and regulate the executive-legislative relationship in crisis policymaking. This is evident in Law 25.156 and Decree 1.019 of 1999, which govern competition protection. In Indonesia, the economic crisis triggered by the Covid-19 pandemic was addressed through the National Economic Recovery (PEN) policy, which relies on statutory authorization. Additionally, Indonesia has adopted a legislative model in responding to emergencies, a concept introduced by Tom Ginsburg and Mila Versteeg.

History and Application of Piercing the Corporate Veil Doctrine: A Comparison Study between the United Kingdom and Indonesia

Muhammad Aqil Kamaluddin — 2025-05-31

Separate legal entity doctrine is a foundation in corporation law, and courts have generally resisted deviations from it, save in specific instances involving doctrine of piercing of the corporate veil (PCV). PCV doctrine permits a party to circumvent the separate legal personality and hold the company's "controller" liable. This essay will explain the evolution and future of PCV in UK and Indonesian law. Research methods that will be used are normative and comparative law methods. UK cases have developed PCV doctrine, such as the Rossendale case, which the court argues that not every case requires the doctrine. While Indonesia’s law system implicitly regulated the doctrine under Art. 3 (2) Law Number 40 of 2007 and no major cases. For the future of the doctrine, the UK judges maintained a firm commitment to limited liability and separate legal personality, which means the doctrine’s future looks uncertain. While in Indonesia, there is a lack of highlighting and balancing the separate legal entity with piercing the corporate veil.

Relevance of Article 7 of the Universal Declaration of Human Rights to the Enforcement of Prisoners’ Human Rights in Correctional Institutions

Riky Prasetia — 2025-05-31

The treatment of prisoners often still deviates from human rights standards. In fact, prisoners are entitled to the same protection before the law as the general public. The purpose of this study is to examine how Article 7 of the Universal Declaration of Human Rights affects the protection of human rights of prisoners in Correctional Institutions. This study applies a normative juridical approach and a descriptive method of analysis. Data were collected using literature study techniques, as well as using qualitative data analysis techniques. The results of the study show that there are still problems related to the fulfillment of prisoners' rights to equality before the law and non-discriminatory treatment in correctional institutions, making Article 7 of the Universal Declaration of Human Rights relevant to be implemented. Several regulations in Indonesia show that there is a strong legal basis to support the implementation of Article 7 of the declaration. The findings of this study imply the need for optimal enforcement and supervision in fulfilling human rights for prisoners

A Comparative Assessment of Civil Procedure in Indonesia and The Netherlands: The Source of The Principles

Vincentius Verdian — 2025-05-31

This paper assessed the different sources of principles in the civil procedure between Indonesia and the Netherlands. Indonesia still uses the Inlandsch Reglement (IR) and the Rechtsreglement voor de Buitengewesten (RBg) while the Netherlands has updated their Civil Code incorporating the principles from the European Convention on Human Rights (ECHR). Therefore, the outdated regulation used in Indonesia lacks procedural protections such as timely case resolution and affordable proceedings. This matter creates a legal uncertainty between the Indonesian Constitution, the International Covenant on Civil and Political Rights (ICCPR), which emphasizes Human Rights, and the old Code of Civil Procedure itself. Although the Indonesian Government already made some efforts to fix this problem, it remains insufficient. This paper suggests that to improve legal certainty in Indonesia, they are required to make a new Code of Civil Procedure with provisions that ensure efficient and affordable legal proceedings.