Media Iuris

Back Matter Media Iuris Vol 8 No. 3, October 2025

Back Matter — 2025-10-24

Bridging the Gap of Ineffective Coordination in Indonesia: A Comparative Study on the Functional Differentiation and Dominus Litis Principle

Febby Mutiara Nelson — 2025-10-24

The ongoing reform of the Indonesian Criminal Procedure Code (“KUHAP”) seeks to align with the new Criminal Code (“KUHP 1 Tahun 2023”), which will take effect in 2026. A central issue in this reform concerns the coordination mechanism between investigators and public prosecutors, particularly the tension between functional differentiation and the principle of dominus litis. While functional differentiation separates the roles of investigators and prosecutors, dominus litis positions the prosecutor as the main authority responsible for controlling the progress of criminal cases. This study employs doctrinal legal research combined with a comparative approach to examine coordination practices in the Netherlands, France, China, and Thailand. The findings reveal that functional differentiation under the 1981 KUHAP limits the prosecutor’s role as dominus litis (from the Latin term meaning “controller of the case”), resulting in disharmony in coordination between investigators and prosecutors. This lack of harmony leads to inefficiencies in the pre-prosecution process, including the recurring exchange of case files (bolak-balik perkara). In contrast, universal practice shows that early prosecutorial involvement during the investigation stage fosters mutual understanding and ensures accurate supervision, thereby minimizing procedural delays.Furthermore, by referring to Article 132 of the 2023 Criminal Code, this paper argues that the principle of functional differentiation should no longer apply in Indonesia. The new provision strengthens the prosecutor’s role as dominus litis, affirming that investigation is an inseparable part of prosecution.

Optimising Bankruptcy Estate Recovery via Piercing the Corporate Veil: The Case of PT Sritex

Ferio Ivan Mulyono — 2025-10-24

This study discusses the application of the Piercing the Corporate Veil (PCV) doctrine as an alternative to optimise the bankruptcy estate in the insolvency case of PT Sri Rejeki Isman Tbk (PT Sritex). PT Sritex was declared bankrupt by the Commercial Court of Semarang due to its failure to fulfil debt obligations amounting to IDR 29.8 trillion. The problem became more complex following the disclosure of alleged corruption by the former President Director, Iwan Setiawan Lukminto, who misused loan facilities totalling IDR 692.9 billion obtained from Bank BJB and Bank DKI. This case created an overlap between criminal asset confiscation and general bankruptcy execution, potentially reducing the value of the bankruptcy estate and harming creditors, particularly unsecured creditors. Therefore, the proposed solution is to optimise the bankruptcy estate by applying the PCV doctrine, which extends liability to the personal assets of directors, as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. This research employs a normative juridical approach, analysing statutory regulations, legal literature, and relevant court decisions. The findings indicate that the elements of Article 3 paragraph (2) and Article 104 paragraph (2) of the Company Law are fulfilled, directors can be held personally liable, and their assets drawn into the bankruptcy estate. To address the conflict between criminal and bankruptcy confiscation, a separation of assets is necessary, so that the proceeds of corruption can be returned to the state. In contrast, the legitimate assets of the company and its directors can still be distributed proportionally to creditors.

A Legal Perspective Toward Unlawful Acts in Tender Collusion in Indonesia

Galuh Puspaningrum — 2025-10-24

The research aims to compare and examine a case of tender conspiracy seeking similarities with or seen from the perspective of civil unlawful acts. Every business actor is prohibited from carrying out an activity that results in losses for other business actors and conducting fraudulent competition. The legal issues addressed in this research include reviewing one of the prohibited activities, namely the conspiracy of tenders stipulated in Article 22 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition (Anti-Monopoly Law), from the elements of unlawful acts based on Article 1365 of the Civil Code (Civil Code). The legal issues in this study are, first, does the practice of bid rigging contain elements of unlawful acts, and what is the legal perspective on it, and second, what are the legal consequences for business actors proven to have engaged in bid rigging. This paper uses normative legal research, supported by primary and secondary legal materials and legal approaches are relevant to the legal issues under study, such as the approach to legislation, conceptual approach and comparative approach. The findings and discussion showed that bid rigging actions can be classified as unlawful acts, based on the following elements. First, the act of collusion with the intention to manipulate and ensure who will win the tender. Second, the act qualifies as unlawful, consisting of the elements of collusion, manipulation, and ensuring a specific business actor wins the tender, along with the element of unfair competition. Third, the element of fault is fulfilled on the part of the reported parties, in this case, the tender participants. Fourth, the practice negatively affects other business actors, both materially and immaterially, particularly in their opportunity to win the tender. Fifth, there is a proven causal relationship and impact of the bid rigging committed by the reported parties, resulting in harm to other business actors. In conclusion, bid rigging practices can be classified as unlawful acts as long as the elements of such acts are fulfilled.

Comparative Study on the Management and Utilization of Takimpo Sara Land Based on Customary Law in Indonesia and Nigeria

Safrin Salam — 2025-10-24

This study analyzes the management and utilization of Sara customary land in Takimpo Village, Buton Regency, managed by the indigenous community based on customary law principles, and compares it with the customary land management system in Nigeria. Sara land holds significant cultural, social, and economic value for the indigenous community, who manage it based on principles of collectivity and consensus. The research method used is socio-legal, employing a qualitative approach through interviews, observations, and analysis of data obtained from the indigenous community, as well as relevant legal literature. The key findings indicate that the customary law principles in Takimpo emphasize communal land ownership, consensus as the decision-making mechanism, and sustainability in land use. Although customary law is respected, there is tension with state policies that prioritize individual land ownership. A comparison with Nigeria reveals similar principles of collectivity; however, state policies in Nigeria are more dominant, leading to tensions with the customary legal system. In conclusion, legal recognition of customary land needs to be strengthened in national land policies to protect the rights of indigenous communities. Mapping customary land based on customary law is essential to ensure sustainability and protect the rights of indigenous communities in managing their land.

Redefining the Statute of Limitations in Document Forgery Cases: Implications for Legal Certainty and Criminal Investigations

Sapta Aprilianto — 2025-10-24

The Constitutional Court Decision No. 118/PUU-XX/2022 redefined the paradigm of the statute of limitations for document forgery offenses in Indonesia. Previously calculated from the date of the offense, it is now determined based on when the forged document is discovered, used, and causes loss. This article examines the legal implications of the court decision on the state of limitations to legal certainty and law enforcement practices, particularly those carried out by the Indonesian National Police. A conceptual and statutory approach is employed to analyze the amendments to Article 79(1) of the Indonesian Criminal Code and the Court’s legal reasoning. The findings indicate that this change enhances legal protection for victims and requires investigators to cumulatively evaluate the elements of “discovery,” “usage,” and “loss” to determine the statute of limitations. The decision has erga omnes effect and serves as a binding precedent and guideline for investigating document forgery cases in Indonesia.

Revisiting Local Government Authority in Energy Licensing: The Case of Gresik SEZ under Regional Autonomy

Shinta Hadiyantina — 2025-10-24

The Gresik Special Economic Zone (SEZ), as a strategic energy and petrochemical industrial area, raises complex legal questions regarding the division of licensing authority among the Central Government, the SEZ Authority, and the Local Government (Gresik Regency/East Java Province). This study aims to comprehensively analyze the authority of the Local Government in issuing energy sector permits in the Gresik SEZ, particularly in the context of regional autonomy and the applicable SEZ regulations.The research employs a normative legal research method with a statutory approach, a conceptual approach, and case study analysis. This triangulation of methods allows for a comprehensive examination of both the legal framework and its practical implementation within the SEZ.The findings indicate that the authority of the Local Government in energy licensing within the Gresik SEZ is highly limited. Law No. 39 of 2009 on Special Economic Zones and Government Regulation No. 86 of 2019 on the Gresik SEZ explicitly transfer licensing authority in the energy sector—such as mining business permits (IUP), electricity supply business permits (IUPTL), and environmental permits—to the SEZ Authority and the Central Government. Consequently, the scope of local autonomy in this domain has been substantially diminished. Local governments retain a role only in licensing that is not directly connected to core SEZ business activities and remains administrative or territorial in nature.The study reveals that the reduction of local government authority in the SEZ context poses challenges for balancing regional autonomy with national economic priorities. While centralization of authority aims to streamline investment processes and reinforce the strategic function of the SEZ, it risks marginalizing local government participation in critical decision-making. To address this, the study recommends establishing clear synergy and effective coordination mechanisms between the SEZ Authority, the Central Government, and the Gresik Regency Local Government, particularly in areas of supervision, environmental safeguards, and supporting services.

The Developing of Minangkabau Customary Inheritance

Sonny Dewi Judiasih — 2025-10-24

The matrilineal kinship system draws a female line. The problem of inheritance law becomes more complex if it occurs within the Minangkabau Indigenous Community. This is motivated by the fact that the Minangkabau Indigenous People are devout followers of Islam; they also have strong customary laws with matrilineal lineage and collective inheritance systems. The author uses a juridical-normative research method, while the research specification is descriptive and analytical. The data obtained was analyzed using qualitative juridical methods. In several inheritance disputes, judges of the Religious Courts in West Sumatra have applied the principle of “Adat Basandi Syarak, Syarak Basandi Kitabullah.” In implementing the inheritance system, Minangkabau customary law aligns with Islamic law without eliminating the values of the adat. The existing customary law must be subordinate to Sharia, that is, Islamic law derived from the Qur’an and Sunnah as the Kitabullah. Every customary rule must not deviate from Islamic Sharia, including inheritance law. In addition to following customary provisions, inheritance must also be in accordance with Islamic inheritance law, in this case, Faraidh.

Hacking the Polyandry Taboo: The Struggle for Law, Tradition, and Human Rights in Indonesia

Sri Nanang Kamba — 2025-10-24

This study aims to examine the legal challenges that affect the practice of polyandry in Indonesia and how traditional views influence the implementation of law and human rights. This study employs normative juridical legal research with a qualitative approach, collecting data through a literature review, legal document analysis, and qualitative interviews to gain a comprehensive understanding. The data were then analyzed thematically and comparatively. Some traditional views perceive polyandry as a form of gender equality, referring to Article 27, paragraph (1) of the Human Rights Law. This perspective has sparked public opinion suggesting that if men can have multiple wives, then women should also be allowed to have multiple husbands. However, this practice presents legal challenges, including non-compliance with existing laws, clashes between legal norms and traditional values, and resistance from patriarchal culture. These issues contribute to the broader debate on the intersection of gender equality, cultural norms, and legal frameworks. On one hand, traditional perspectives promote polyandry as individual autonomy and gender fairness in marriage. On the other hand, the state holds the authority to limit certain rights, especially in marriage practices deemed unconventional, such as polyandry, to prevent misuse of personal freedoms, protect women from potential harm, and ensure the clarity of lineage and family structure.

Front Matter Media Iuris Vol 8 No. 3, October 2025

Media Iuris — 2025-10-24