Lex Publica

Legal Protection of Workers Under Civil Code and Job Creation Law

2026-06-26T19:21:26+07:00

Employment relations often place workers in a weaker bargaining position, increasing the risk of violations of their rights by employers. The enactment of the Job Creation Law (UU Cipta Kerja) has introduced greater labor flexibility while raising concerns about worker protection. This study analyzes the relevance of unlawful acts under Article 1365 of the Indonesian Civil Code in employment relations following the enactment of the Job Creation Law, identifies forms of unlawful acts committed by employers, and examines legal remedies available to workers. This research employs a normative legal method using statutory and conceptual approaches, supported by legislation, legal doctrines, and scholarly literature. The findings indicate that Article 1365 of the Civil Code remains an important complementary mechanism when labor law remedies are inadequate. Employers may be held liable for violations of normative rights, misuse of fixed-term employment agreements and outsourcing, unlawful termination, workplace harassment, occupational safety breaches, and privacy violations. Workers may seek material and immaterial compensation through civil litigation. The study emphasizes stronger harmonization between labor and civil law to ensure more effective and comprehensive protection of workers’ rights.

Trademark Protection for MSMEs in Supporting the Creative Digital Economy

2026-06-26T19:25:13+07:00

This study examines Indonesia’s legal framework for trademark protection of MSMEs in the creative economy, its implementation in North Sumatra, and necessary policy improvements. Using a mixed-method design qualitative interviews and observations combined with a quantitative Likert-based survey of 204 MSMEs the research analyzes Law No. 20 of 2016 and Law No. 20 of 2008 as normative foundations. Findings show that while Indonesia provides a comprehensive framework, implementation remains weak. Empirical data reveal that 87.2% of MSMEs have not registered trademarks, 6.9% are registered, and 5.9% are in process. Barriers include low legal awareness, complex procedures, weak enforcement, institutional limitations, and technical issues in digital systems. MSMEs that registered trademarks acknowledge their importance for brand protection and market recognition. Strengthening trademark protection requires reforms such as simplified registration, enhanced legal education, institutional coordination, financial incentives, stronger enforcement, and optimized digital platforms.

The Principle of Tax Justice and its Challenges in QRIS-Based Digital Economic Transactions

2026-06-26T19:16:40+07:00

The rapid expansion of QRIS-based digital transactions has reshaped Indonesia’s payment ecosystem and integrated electronic transaction data into tax administration. This transformation enhances fiscal efficiency and transparency but raises concerns about tax justice, proportionality, legal certainty, and taxpayer rights. Existing studies emphasize modernization and revenue optimization, yet the normative implications of QRIS for justice remain underexplored. This study applies a normative legal method using statutory, conceptual, and analytical approaches to evaluate juridical dynamics of QRIS-based taxation. Findings reveal three issues: first, regulations prioritize efficiency and supervision over proportional burdens; second, disparities arise from inconsistent frameworks and unequal treatment of digital versus conventional actors; third, taxpayer rights are vulnerable due to limited safeguards for privacy, fairness, and certainty. The study contributes to adaptive digital tax law by stressing regulatory harmonization that balances efficiency with proportionality, equality, and protection of taxpayer rights.

A Hybrid Model for Post-Divorce Child Support Enforcement: Comparative Insights and Legal Reform

2026-06-26T19:13:01+07:00

The enforcement of post-divorce child support rights remains a significant challenge in Indonesia. Despite legal provisions under Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), and Law Number 35 of 2014 on Child Protection, compliance with child support obligations remains low due to the absence of an effective enforcement mechanism. This study aims to analyze the weaknesses of Indonesia’s child support enforcement system, examine comparative practices in the United States, Singapore, Japan, and China, and formulate an enforcement model suitable for Indonesia. Using a normative-juridical approach combined with an international comparative method, the study evaluates child support systems through five analytical parameters: legal basis, implementing institutions, sanction mechanisms, information systems, and compliance levels. The findings reveal that effective enforcement systems consistently rely on specialized institutions, integrated information systems, and graduated sanctions. Based on these findings, this study proposes a Hybrid Child Support Enforcement Model supported by the Child Support Enforcement Agency (BPNA) and the Integrated Child Support Information System (SINAT) as its primary innovations. The model offers a practical framework for strengthening child rights protection and improving compliance with child support obligations in Indonesia.

Legal Certainty in the Execution of Mortgage Rights for the Settlement of Non-Performing Loans

2026-06-26T19:32:33+07:00

Legal certainty in the execution of Mortgage Rights is essential for protecting creditors and ensuring the effective resolution of non-performing loans (NPLs) in Indonesia. Although Law No. 4 of 1996 concerning Mortgage Rights (UUHT) provides a comprehensive legal framework for secured lending, its implementation continues to encounter significant legal and institutional challenges. This study aims to examine the extent to which the existing legal framework ensures legal certainty, identify the doctrinal, procedural, and institutional barriers affecting Mortgage Rights execution, and propose legal reforms to improve its effectiveness. The research employs normative legal research using statutory, conceptual, and case approaches. Legal materials were collected through library research and analyzed qualitatively using statutory interpretation, comparative analysis, and source triangulation. The findings indicate that the UUHT establishes a coherent framework through the principles of speciality, publicity, droit de préférence, and droit de suite, supported by executorial title, parate executie, and private sale mechanisms. However, inconsistent judicial interpretation, procedural complexity, fragmented institutional coordination, and incomplete digital implementation continue to undermine effective execution and legal certainty. As the principal contribution, this study proposes an Integrated Legal Certainty Model that combines normative harmonization, judicial consistency, institutional coordination, digital mortgage integration, and balanced creditor-debtor protection.

Corporate Liability and Legal Protection for Ride-hailing App Drivers for Consumer-Initiated Order Cancellations

2026-06-26T19:08:03+07:00

The rapid expansion of digital platform services has transformed transportation and food delivery transactions, creating new legal challenges regarding the allocation of responsibility among platform operators, consumers, and drivers. Through its Go-Food feature, Go-Jek enables consumers to purchase food while drivers initially bear the purchase costs, making them vulnerable to financial losses resulting from consumer-initiated order cancellations and fraudulent transactions. Despite the growing prevalence of such disputes, the legal protection available to platform-based drivers and the extent of platform liability remain insufficiently addressed within Indonesia’s regulatory framework. This study examines the corporate liability of PT Go-Jek Indonesia and evaluates the legal protection afforded to drivers under Indonesian law. Using a qualitative legal research design with a conceptual approach, the study analyzes primary legal materials, including the Civil Code, Law Number 8 of 1999 on Consumer Protection, and Law Number 22 of 2009 on Road Traffic and Transportation, supported by relevant secondary sources. The findings indicate that fault-based liability under Articles 1365–1367 of the Civil Code provides a legal basis for holding PT Go-Jek Indonesia accountable when drivers incur losses beyond their control. Furthermore, contractual clauses that shift operational risks entirely to drivers are inconsistent with the principles of fairness and good faith. The study recommends strengthening platform governance through compensation mechanisms, enhanced transaction verification systems, and regulatory reforms that explicitly address digital platform transactions. These measures are expected to improve legal certainty, strengthen the protection of platform-based drivers, and promote greater trust in Indonesia’s digital economy.