Lex Publica

Legal Protection of Workers Under Civil Code and Job Creation Law

Edy Lisdiyono, Dina Imam Supaat — Tue, 23 Jun 2026 00:00:00 +0700

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

Wed, 24 Jun 2026 00:00:00 +0700

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

Lilisen Lilisen, Ainul Masruroh, Anto Kustanto — Thu, 25 Jun 2026 00:00:00 +0700

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

Setiyowati Setiyowati, Lê Hồ Trung Hiếu — Fri, 19 Jun 2026 00:00:00 +0700

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

Atika Sandra Dewi, Rianmahardhika Sahid Budiharseno — Sat, 20 Jun 2026 00:00:00 +0700

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

Dwi Tatak Subagiyo, Hari Wibisono — Wed, 17 Jun 2026 00:00:00 +0700

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.

Critical Analysis of Riverbank Control Governance in Tukad Badung, Bali: An Environmental Law Perspective

I Gusti Bagus Suryawan, I Gusti Ngurah Muliartha, Putu Kharisa — Tue, 30 Jun 2026 00:00:00 +0700

This study examines the legal protection and implementation of riverbank control in Indonesia, with particular focus on the Tukad Badung riverbank in Bali. The study aims to analyze how riverbank protection is constructed within Indonesia’s environmental, water-resource, and spatial-planning framework and to identify the main implementation challenges affecting its effectiveness. The study uses a socio-legal approach combining normative legal analysis with empirical examination of riverbank management and governance practices. The findings show that Indonesia has a broad legal framework for riverbank protection, covering constitutional principles, environmental law, water-resource regulation, river boundaries, spatial planning, environmental quality standards, and administrative enforcement. However, the main challenge is an implementation gap rather than a regulatory vacuum. In Tukad Badung, this gap is reflected in inconsistent control of existing land uses, fragmented institutional responsibilities, limited continuous supervision, reactive enforcement, socio-economic pressures, limited community participation, and weak integration with wider watershed and urban environmental management. The study highlights the need for coordinated regulatory implementation through clear institutional responsibilities, continuous preventive supervision, fair enforcement, and meaningful community participation. Riverbank control should also integrate drainage, waste management, water-quality protection, flood management, and urban development policies to strengthen accountable and sustainable riverbank governance.

The Legal Status and Consequences of Childfree Clauses in Marriage Agreements: Between Contractual Autonomy and Family Values

Yuliasara Isnaeni, Pratiwi Noviyanthi — Thu, 30 Jul 2026 00:00:00 +0700

Childfree decisions have become increasingly debated in Indonesia, particularly when incorporated as clauses in marriage agreements. This study examines the legal status and consequences of childfree clauses under Indonesian civil and family law, focusing on contractual autonomy, reproductive rights, and family values. Using a normative legal method, this study employs statutory and conceptual to examine the validity and legal consequences of childfree clauses in marriage agreements. The findings show that childfree clauses may be included in marriage agreements as an expression of contractual autonomy, but their validity and enforceability are subject to legal and ethical limitations. Although such clauses may satisfy the formal requirements of contractual validity, reproductive decisions remain closely connected to personal rights and cannot be enforced through conventional contractual remedies. Moreover, Indonesian marriage law recognizes broader religious, moral, and social dimensions of marriage, which limit unrestricted contractual freedom. Consequently, violations of childfree clauses are more likely to generate social and relational consequences than direct legal sanctions. The study argues that childfree clauses should be understood primarily as expressions of mutual commitment rather than absolute reproductive obligations. A balanced legal framework is therefore needed to accommodate contractual autonomy while protecting reproductive rights and respecting family values.