Lex Publica

Strengthening Legal Safeguards for Indonesian Migrant Workers Against Human Trafficking

2025-05-14T21:21:56+07:00

Legal protection for Indonesian Migrant Workers plays an important role in efforts to combat human trafficking, which is still a serious problem in the world. This study examines various regulations related to Indonesian Migrant Worker policies and criminal sanctions for perpetrators of human trafficking. This study uses a normative legal method by examining various sources of law, both national law and international agreements such as the Palermo Protocol. The results of the study show that Indonesia has ratified various major international conventions and has passed Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law Number 21 of 2007 concerning the Eradication of Human Trafficking. These laws provide strong protection for migrant workers from the conservation, placement, and post-placement stages, and provide severe penalties for perpetrators of human trafficking. However, despite these various legal efforts, there are still many problems in law enforcement. This is reflected in the increasing cases of Human Trafficking, with 2,149 victims rescued in 2023. The study highlights the urgent need for better oversight, stricter conservation rules, and stronger law enforcement to prevent, cover and protect migrant workers.

Analysis of Consumer Rights Protection Against the Misuse of Personal Data in Fintech Services

2025-07-03T17:30:22+07:00

The implementation of personal data protection regulations in the Indonesian fintech sector, specifically Law Number 27 of 2022 concerning Personal Data Protection and Financial Services Authority Regulation Number 77 of 2016, shows significant progress in implementing a comprehensive legal framework. This framework adopts international standards such as the General Data Protection Regulation, is supported by the establishment of a Personal Data Protection Agency, and mandates reporting of data breach incidents. However, covering personal data remains a serious threat, resulting in financial losses, psychological distress, and reputational damage for consumers. This highlights the challenges in consistent law enforcement, low digital literacy among the public, and the need for wider implementation of advanced security technologies. To improve legal protection, it is important to strengthen oversight and law enforcement mechanisms, improve digital literacy among the public through continuing education, mandate the implementation of advanced security technologies by fintech providers, and regulate reporting and complaint mechanisms.

Legal Responsibility for Medical Risks, Medical Errors, and Malpractice in Health Services

2025-08-13T11:05:54+07:00

Disputes in medical care are often difficult to resolve due to the legal, ethical, and complex aspects of proving the case. It is not uncommon for medical procedures that do not meet patients' expectations to be attributed to medical error, when in fact they may be caused by unavoidable medical risks. This study aims to assess and differentiate between medical risks, medical errors, and malpractice, and to understand their legal liability. The method used is a normative-juridical approach with descriptive-analytical specifications. Data were collected through literature review and analyzed qualitatively and normatively. The results indicate that medical risks are part of healthcare services that may be unavoidable, unlike medical negligence, which involves an element of error. While medical errors and malpractice have fundamental differences, in legal practice, they are often difficult to distinguish. Medical errors are unintentional mistakes, while malpractice involves negligence or disregard for professional standards. A clear understanding of these three concepts is crucial to prevent the criminalization of medical personnel who work according to procedures and to provide balanced legal protection for patients and healthcare providers.

The Legality of the Surrogate Mother Agreement Reviewed from Indonesian Civil Law

2025-08-22T10:47:46+07:00

This research explores the legality of surrogate mother (uterus rental) agreements under Indonesian civil law, particularly given the absence of clear regulations governing such arrangements. The study aims to examine both the legal status of surrogate mother agreements and the legal status of children born through surrogacy, based on the provisions of the Indonesian Civil Code. This is a normative legal study employing a statutory approach, with secondary data collected through literature review and analyzed using descriptive-analytical methods. The findings indicate surrogate mother agreements are not legally valid under Indonesian civil law, as they fail to meet the essential requirements for a valid contract. The legal status of children born from such agreements depends on specific conditions. If the intended (biological) parents wish to establish a legal relationship with the child, they must go through an adoption process. Furthermore, the marital status of the surrogate mother determines the child’s legal status: (a) if the surrogate mother is legally married, the child is presumed to be the legitimate child of the surrogate and her spouse; (b) if the surrogate mother is unmarried or widowed, the child is considered to be born out of wedlock.

Legal Effectiveness of E-Litigation Implementation on Case Settlement: Evidence from the Malang City Religious Court

2025-08-22T11:09:33+07:00

This study discusses the effectiveness of the implementation of Supreme Court Regulation Number 1 of 2019, as amended by Supreme Court Regulation Number 7 of 2022, concerning Case Administration and Trials in Courts Electronically (e-Litigation). The research focuses on case settlement at the Malang City Religious Court. Using an empirical juridical approach, this study examines the implementation of e-Litigation before and after the regulatory changes, along with the obstacles encountered and efforts made for improvement. The findings indicate that the implementation of e-Litigation has had a positive impact by simplifying processes, improving time efficiency, reducing litigation costs, and enhancing transparency. However, challenges such as limited public understanding of digital systems, inadequate infrastructure, and legal cultural barriers still hinder full effectiveness. Based on the theory of legal effectiveness, the implementation of e-Litigation in Malang City shows a promising direction of development, although it is not yet fully optimal. Strengthening public education, increasing digital legal literacy, and adapting community legal culture are necessary to ensure that the system can operate more efficiently and accountably.

Human Rights Protection in Business Practices: Between Social Responsibility and Legal Compliance

2025-10-26T21:03:41+07:00

This study examines human rights protection in business practices in Indonesia, emphasizing the role of corporations in respecting, protecting, and redressing the rights of workers and communities. Although Indonesia has ratified international instruments such as the ICESCR and enacted sectoral laws such as Law No. 13 of 2003 concerning Manpower, Law No. 32 of 2009 concerning Environmental Protection, and the Job Creation Law, human rights violations remain rampant, including substandard wages, suppression of labor unions, violations of indigenous peoples' rights, and limited access to redress mechanisms. Using a normative-empirical approach, this study analyzes national laws and international standards through descriptive analysis. The findings indicate that wage and worker welfare policies serve as important indicators of respect for human rights, while corporate practices often prioritize economic efficiency over ethical obligations. This study underscores the urgent need to integrate the UN Guiding Principles on Business and Human Rights into Indonesia's legal framework.

Analyzing the Most-Favored Nation Treatment Principle: A Study of Malaysia’s Bilateral Investment Treaties and Their Implications

2025-10-26T21:13:28+07:00

This study critically examines the application of the Most-Favoured Nation (MFN) treatment principle within Malaysia’s Bilateral Investment Treaties (BITs) and its broader implications for investment governance. Drawing from doctrinal legal analysis and expert interviews, including insights from Professor Zakiri of Universiti Utara Malaysia, the research explores how MFN clauses influence Foreign Direct Investment (FDI), investor-state relations, and Malaysia’s regulatory sovereignty. The findings reveal significant inconsistencies and ambiguities in the interpretation of MFN clauses-particularly concerning their applicability to procedural rights such as dispute settlement. These gaps not only risk treaty shopping but also constrain Malaysia’s ability to enact public interest regulations in areas like health, environment, and taxation. The study recommends the development of a Model BIT that includes clearly defined MFN scopes, sustainable development carve-outs, and alignment with ESG principles. It advances the ongoing discourse on how to balance investor protection with space policy and provides practical suggestions for reforming Malaysia’s international investment treaty framework.

Corporate Compliance with Net-Zero Target and Environmental Regulations: Lessons from South Korea for Indonesia

2025-11-04T10:28:19+07:00

This study examines corporate compliance with net-zero emissions targets and environmental regulations in Indonesia and South Korea, with the aim of exploring lessons Indonesia can apply from South Korea's experience. The study uses a comparative, descriptive qualitative approach, with data collected through a review of legal documents, government regulations, corporate reports, scientific journals, and international publications. The analysis focuses on comparing Indonesia's voluntary compliance system, which still relies on fiscal incentives and non-sanction evaluations, with South Korea's mandatory compliance system through the Framework Law on Carbon Neutrality and Green Growth and the Korea Emissions Trading Scheme (K-ETS). The results show that South Korea's success in encouraging corporate compliance with net-zero is supported by a binding legal framework, integrated ESG reporting, and digital emissions monitoring. Meanwhile, Indonesia is still in the policy commitment stage. The study recommends strengthening the net-zero legal framework, integrating ESG-based reporting systems.

Strategic Lawsuit Against Public Participation (SLAPP) From Indonesian Law Perspective

2025-11-05T19:22:40+07:00

This study analyzes the practice of Strategic Lawsuits Against Public Participation (SLAPP) in Indonesia, highlighting national legal loopholes that enable strategic litigation to suppress public participation. The research’s novelty lies in a comprehensive evaluation of Indonesian legal provisions and the proposal of innovative legal strategies for prevention, including the integration of anti-SLAPP principles into non-sectoral procedural reforms. A normative juridical approach is combined with comparative methods, comparing anti-SLAPP practices in the United States and the United Kingdom to identify effective models of legal protection. Qualitative-descriptive data analysis, including the Bangka Belitung High Court decision Number 21/Pid/2021/PT BBL and PT KLM’s lawsuit against IPB academics, demonstrates that SLAPPs impose financial, psychological, and social burdens on activists, journalists, and civil society organizations. The strategy for preventing and handling SLAPPs must be holistic, encompassing the development of an anti-SLAPP bill, revisions to the criminal procedure code, strengthening the ITE Law and the public information disclosure law, and training judges to recognize indicators of strategic lawsuits.

The Convergence of Classical Punishment in Money Laundering: Follow the Money Principle Using Blockchain Approach

2025-11-06T10:54:15+07:00

The application of corporal punishment to criminals is crucial for ensuring justice and legal certainty, as well as maintaining public order. However, in law enforcement regarding money laundering, there has been a shift in focus to asset recovery, based on the “follow the money” principle, which prioritizes the recovery of the proceeds of crime over punishing the perpetrator. This approach has the potential to cause disruption, as recovery of losses should only occur after the perpetrator is found guilty under criminal law. In the absence of adequate asset recovery regulations, blockchain can be a solution to strengthen the asset recovery process. This technology provides transparency and accountability in tracking asset flows and ensures data permanence. Blockchain enables more efficient and secure asset recovery, supporting a faster recovery process, and reducing the potential for compromise. Reconciling asset recovery approaches with corporal punishment is crucial for creating a balance in the justice system that goes beyond maintaining peace.

Clanless Children and Inheritance in the Indigenous Batak Community: A Case Study of Supreme Court Decision No. 1537 K/Pdt/2012

2025-11-06T16:20:40+07:00

The Batak people adhere to a patrilineal family system where the family system is drawn from the paternal line. The status of a child without a surname has consequences for inheritance, so that the inheritance process for descendants who do not have a surname causes problems in the future. The purpose of this study is to determine children without a surname according to the provisions of the Batak traditional community and the legal consequences for children without a surname as heirs. The approach method in this paper is normative-empirical research. The results of the study indicate that children can be born without a surname due to parental marriages that violate Batak customs, or lose their surname due to removal by traditional elders due to actions that embarrass, threaten, or provoke the community. Furthermore, Supreme Court Decision Number 1537 K / Pdt / 2012 in its decision, even if the child does not have a surname, as long as it can be proven that the child is the biological child of the deceased parent (heir) then the child has the right to appear as an heir.