Lex Publica

Environmental Management and Justice System in Bangladesh: Issues and Legal Framework

Abdullah-Al-Monzur Hussain — 2025-12-13

This paper presents environmental justice in Bangladesh, which is connected with the human development, implementation, and enforcement of environmental laws, regulations, and policies. Environmental justice is essential for human rights, which affects human lives as well as the sustainable development of the country. Environmental justice ensures all people’s enjoyment of human rights, economic development, and health protection; above all, a healthy environment for life. Various environmental issues like global warming, overpopulation, waste disposal, ocean acidification, loss of biodiversity, and deforestation are harmful to human lives. The environmental problems in Bangladesh are climate change, cyclones, floods, drought, earthquakes, riverbank erosion, air pollution, water pollution, soil pollution, noise pollution, etc.

Digital Democracy and Open Finance Technology: Advancing Transparency and Consumer Digital Rights

Yudhi Priyo Amboro — 2025-12-31

This research explores the role of Open Finance in strengthening Indonesia’s digital democracy, with a focus on transparency, digital consumer rights, and data oversight. While Open Finance has the potential to increase financial inclusion through the integration of alternative data for marginalized groups, such as MSMEs and rural communities, the practice of massive data sharing risks threatening democratic principles, such as data being vulnerable to mass surveillance, algorithmic discrimination, and weak regulatory accountability. A comparative analysis of the UK (CMA Order) and Australian (Consumer Data Rights) regulatory models highlight the importance of algorithmic transparency, granular consumer control over data, and public participation mechanisms in policymaking. In Indonesia, the suboptimal implementation of the Personal Data Protection Law (PDP Law), the digital literacy gap, and disparities in technological infrastructure are key challenges.

Criminal Law Policy on Carding in Indonesia: Addressing Legal Certainty and Regulatory Fragmentation

Wenggedes Frensh — 2025-12-31

This study examines the adequacy of legal regulations governing credit card misuse (carding) in cyberspace in Indonesia and their implications for legal certainty and law enforcement effectiveness. Using a normative juridical method, it analyzes key statutes, including Law No. 1 of 2024 (EIT Law amendment), Law No. 27 of 2022 on Personal Data Protection, and Law No. 1 of 2023 on the Criminal Code, supported by conceptual and doctrinal approaches. The findings show that, although these regulations provide a general framework for addressing cybercrime, they remain fragmented and do not explicitly regulate carding as a distinct offense. This gap weakens legal certainty and limits effective enforcement. Two main issues are identified: the absence of specific criminal norms on carding and the lack of harmonization across criminal, cyber, and data protection laws. Current legal policy is also predominantly repressive, with limited preventive and victim-oriented measures.

Force Majeure and Credit Restructuring: A Doctrinal Perspective on the Resolution of Non-Performing Loans Caused by Natural Disasters

Tarmizi Tarmizi — 2025-12-13

This study analyzes the legal relationship between force majeure and credit restructuring in Indonesia, particularly in addressing non-performing loans (NPLs) caused by natural disasters. It examines how force majeure is applied in credit agreements and how credit restructuring serves as a legal and financial mechanism to manage disaster-related credit distress. Using a doctrinal legal approach, the study reviews statutory provisions, banking regulations, and relevant literature, including Articles 1244 and 1245 of the Indonesian Civil Code and OJK Regulation No. 40/POJK.03/2019. The findings indicate that although Indonesian law recognizes natural disasters as potential force majeure events, their application in credit agreements is not automatic. Debtors must prove a direct causal link between the disaster and their inability to perform contractual obligations, which often leads to legal uncertainty and inconsistent interpretation. At the same time, credit restructuring, through rescheduling, reconditioning, and restructuring, provides a more practical response to financial distress. However, it operates separately from the force majeure doctrine, resulting in limited legal integration. The study also highlights that credit restructuring thus plays a dual role: supporting financial system stability and contributing to socio-economic recovery, particularly for micro, small, and medium enterprises.

Investor Protection and Legal Enforcement: Defaults and Digital-Age Illegal Investments

Edi Krisharyanto — 2025-12-13

This paper examines the current landscape of investor protection and legal enforcement in Indonesia, focusing on the rising prevalence of default cases and illegal investment schemes. As the Indonesian capital market expands, retail investors remain vulnerable to fraudulent financial products and contractual breaches. Using normative legal analysis combined with case studies of recent high-profile defaults, this research evaluates the effectiveness of the Financial Services Authority (OJK) and the existing regulatory framework in providing legal certainty. The findings suggest that although Indonesia has established comprehensive regulations, enforcement mechanisms remain inconsistent. Bureaucratic complexities and the absence of integrated digital monitoring often weaken implementation. The study also highlights challenges in asset recovery for victims of illegal investments, where legal proceedings frequently fail to restore financial losses. Strengthening investor protection requires more rigorous supervision, swifter judicial action, and greater public financial literacy to mitigate the impact of “shadow banking” and unauthorized investment entities.

Liability for Unlawful Acts Under the Business Judgment Rule and Piercing the Corporate Veil Doctrine

Isdiana Syafitri — 2025-12-13

The Board of Directors, as an organ of a limited liability company, holds full authority and responsibility in managing the company’s affairs. Nevertheless, in carrying out their duties, directors not infrequently commit unlawful acts that result in losses to the company as well as to third parties. This study aims to examine the concept of directors’ liability for losses suffered by a limited liability company caused by unlawful acts, the limits of such liability, and the available legal protection mechanisms. Employing a normative legal research method, this study finds that Law No. 40 of 2007 on Limited Liability Companies explicitly regulates the principles of fiduciary duty and the business judgment rule as the basis for evaluating directors’ liability. Directors may be held personally liable if it is proven that their actions constitute unlawful acts carried out in bad faith or due to negligence. The principle of piercing the corporate veil serves as a legal instrument that enables the disregard of the company’s separate legal personality in order to impose direct liability upon the directors.

Strengthening the Gatekeeper Function of Banks: The Role of KYC in Anti-Money Laundering Legal Framework

Efendi Lod Simanjuntak — 2025-12-13

This study critically examines the role of Know Your Customer (KYC) compliance within Indonesia’s anti-money laundering and counter-terrorism financing (AML/CFT) framework. Employing a normative juridical approach, the research analyzes key regulatory instruments, including Law Number 8 of 2010, POJK Number 12/POJK.01/2017, and the institutional role of PPATK, alongside relevant legal doctrines and international standards, particularly those of the Financial Action Task Force (FATF). The study addresses three core issues: the structuring of KYC obligations within Indonesia’s legal framework, the implementation of KYC principles by financial institutions as part of risk management strategies, and the challenges encountered in practice. The findings demonstrate that KYC functions as a central legal and operational instrument, enabling customer identification, transaction monitoring, and reporting of suspicious activities, thereby reinforcing the banking sector’s role as a gatekeeper in preventing financial crimes. However, its effectiveness is constrained by data quality issues, technological limitations, uneven institutional capacity, and increasingly sophisticated laundering techniques. The study concludes that strengthening regulatory enforcement, enhancing technological adoption (including RegTech and AI), and improving inter-agency coordination are essential to optimize KYC effectiveness.

Legal Implications of Autonomous Warships under UNCLOS: Navigating Definitional Gaps in International Maritime Law

Afiat Yudhistira — 2026-04-24

Rapid technological advancements have outpaced legal frameworks in regulating autonomous warships, as United Nations Convention on the Law of the Sea (UNCLOS) human-centered definition fails to accommodate crewless or semi-autonomous vessels in modern naval operations. This study examines the legal implications of this definitional gap and explores how international law might evolve to address the governance of autonomous warships. Key issues include sovereignty, accountability, and compliance with existing maritime and wartime legal norms, such as whether a fully autonomous vessel can qualify as a warship under UNCLOS and what responsibilities states bear for their actions in conflict scenarios. Using a normative legal research design with doctrinal and conceptual approaches, the study analyzes UNCLOS, COLREGs, and SOLAS, employing deductive and analogical reasoning to compare autonomous vessels with technologies like remotely piloted UAVs. Autonomous warships do not fully qualify as warships under UNCLOS due to the absence of human command and crew, leading to ambiguities in liability, navigation compliance, cybersecurity risks, and humanitarian duties. However, remote operation and flag state discretion may allow classification, highlighting gaps in existing frameworks.

International and Regional Agreements and the Evolution of Consumer Protection in Cross-Border E-Commerce: Indonesia Within ASEAN

M. Shidqon Prabowo — 2025-12-31

This study examines the role of international and regional agreements in shaping Indonesia’s consumer protection framework in cross-border e-commerce, with particular reference to the Association of Southeast Asian Nations (ASEAN). It addresses three key issues: the extent to which such agreements influence normative legal development, how far these commitments are implemented domestically, and what gaps persist between legal harmonization and practical enforcement. Using a normative juridical (doctrinal) approach, the study analyzes Indonesian laws alongside regional instruments such as the ASEAN Agreement on E-Commerce, the findings indicate that ASEAN frameworks significantly contribute to regulatory alignment, promoting harmonization, cooperation, and the adoption of international best practices. However, this alignment remains largely formal. Substantial gaps persist in enforcement, particularly in relation to standard-form contracts, jurisdictional uncertainty, institutional limitations, and the underdevelopment of online dispute resolution mechanisms. The study concludes that effective consumer protection requires not only legal convergence but also stronger institutional capacity, clearer private international law rules, and integrated dispute resolution systems. Bridging the gap between normative commitments and practical implementation is essential for ensuring meaningful consumer protection in Indonesia’s evolving digital economy.

Supervision of the Notary Supervisory Board on the Use of First Copies as a Substitute for Minutes of Deeds

Agung Iriantoro — 2025-12-13

The notary public is a government official who bears a significant responsibility in the drafting and safekeeping of the original draft of an authentic deed. However, in practice, there are still notaries facing the loss or damage of such original drafts, which potentially undermines the integrity of legal evidence and the trust of the parties involved. This study employs a normative legal research method, utilizing an analytical approach with primary and secondary legal materials, focusing on statutory regulations. The research findings demonstrate that the Supervisory Council of Notaries carries a substantial responsibility in overseeing the issuance of replacement minutes to ensure that this process does not raise any legal uncertainties and continues to safeguard the document’s security. The comprehensive supervision by Supervisory Council of Notaries involves validating the authenticity of the copied document, assessing procedural propriety, issuing recommendations, and making administrative decisions. Furthermore, the status of the first copy used as a basis for issuing an authentic replacement minute holds an equivalent legal standing to the original minuta, contingent upon compliance with formal requirements stipulated in Article 1888 of the Civil Code (BW) and under stringent supervision by Supervisory Council of Notaries.