The Kertha Patrika Journal is published three times yearly, in April, August and December. The primary focus of this journal is legal studies, with the objective of contributing to the development of legal studies by emphasising the originality, specificity, and timeliness of the articles in each issue. The review and screening of articles is conducted anonymously by peer reviewers (double-blind review by a peer group system). The objective of this publication is to serve as a medium for the dissemination of critical reflections, original research findings, and conceptual ideas from academics, researchers, and practitioners that have not been previously published in other media. KP has been indexed by SINTA-3; GARUDA; Google Scholar; ResearchBib; DOAJ; Crossref; Universiteit Leiden Catalogue; Sudoc; OpenAlex; HarvardLibrary (HOLLIS); ISSN CETAK, ISSN Online (ROAD), ExLibris Part of Clarivate; and ZDB Zeitschriften Datenbank.
Discourse on State Capture and Legislative Corruption in the Formation of the National Capital City Law
This study examines state capture as a form of legislative corruption in the enactment of Law Number 3 of 2022 concerning the National Capital. Both procedural and substantive aspects of the IKN Law are evaluated against established principles of legislative formation, Constitutional Court jurisprudence, and the foundations of popular governance under the rule of law. Employing a socio-legal approach, the research integrates normative juridical analysis with qualitative empirical methods. The methodology includes analysis of legislation, Constitutional Court decisions, legislative documents, and reports from monitoring institutions, as well as document analysis and interviews with academics and civil society activists to gather empirical insights. The findings indicate that the IKN Law was expedited, providing minimal opportunity for meaningful public participation. This process contravened the transparency and participation principles outlined in the Law on the Formation of Legislation and reaffirmed in Constitutional Court Decision Number 91/PUU-XVIII/2020. Furthermore, the law grants the IKN Authority extensive powers without instituting sufficient checks and balances. The evidence demonstrates state capture, in which legislation is used to legitimize particular interests and undermine democratic oversight. These developments present significant threats to the rule of law, government accountability, and the principle of popular sovereignty within Indonesia's constitutional framework.
Copyright (c) 2026 Kertha Patrika https://creativecommons.org/licenses/by-nc/4.0
Evaluating the Implementation of Meaningful Participation Principles for Vulnerable Groups in Promoting Inclusive Legislation: A Comparative Study of Indonesia and Poland
This study aims to evaluate the regulation and implementation of the principle of meaningful participation of vulnerable groups in the legislative process, and to identify factors influencing its effectiveness in realizing inclusive legislation through a comparative study between Indonesia and Poland. This study uses a normative legal research method with a legislative, conceptual, and comparative approach. The legal sources include primary legal materials in the form of constitutions, laws, and regulations related to public participation and legislation; secondary legal materials in the form of national and international scientific journals, textbooks, and reports from state and international institutions; and tertiary legal materials as conceptual support. The analysis was conducted qualitatively through legal reasoning and a comparison between norms and practices in Indonesia and Poland. The results show that normatively both countries have recognized the importance of public participation, including vulnerable groups, as part of the principles of democracy and the rule of law. However, the implementation of meaningful participation still faces gaps between regulation and practice, particularly regarding access to information, substantive involvement, and the actual influence of vulnerable groups on the substance of legislation. Factors determining the effectiveness of meaningful participation include the strength of the legal basis, the political commitment of lawmakers, institutional capacity, the role of civil society, and transparency and accountability mechanisms. This research makes a scientific contribution by enriching comparative law-based inclusive legislative studies and offering policy recommendations for strengthening meaningful participation of vulnerable groups.
The Role Of The Village Consultative Body In The Formulation Of Village Regulations
This study aims to examine and analyze the role of the Village Consultative Body (Badan Permusyawaratan Desa/BPD) in the formulation of Village Regulations (Peraturan Desa) in Simpang Naneng Village, Karusen Janang District, East Barito Regency. The BPD holds a strategic position as a representative institution that accommodates and channels the aspirations of the community, while also participating in the formulation of village policies together with the village government. This research employs a qualitative descriptive method, with data collected through interviews, observations, and documentation. The findings reveal that the BPD of Simpang Naneng Village has played an active role, particularly in the stages of planning and deliberation of village regulations. However, several obstacles remain, such as the limited understanding of BPD members regarding legal drafting procedures, inadequate human resource capacity, and weak coordination with the village government. These challenges often hinder the effectiveness and inclusiveness of policy-making at the village level. Despite these limitations, the involvement of BPD contributes significantly to promoting democratic governance and ensuring that community needs are reflected in village regulations. The study concludes that strengthening the capacity of BPD members, enhancing cooperation with the village government, and improving community participation are essential steps to create transparent, accountable, and participatory governance at the village level.
Money Laundering in Terrorism Financing: Transnational Crime Context
Even though currently many have set various policies to prevent and eradicate money laundering and terrorism, in reality these two criminal acts still occur frequently. This research wants to take a deeper look at the crime of money laundering in terrorism financing based on a review of transnational crime. The aims of this research, namely to analyze money laundering and terrorism financing involved in transnational crime and to identify money laundering law enforced in terrorism financing. This research is normative legal research that uses a statutory approach. The purpose of this research is to find intersection between money laundering and terrorism financing involved in transnational crime and to analyses money laundering law enforced in terrorism financing. The result of this research is the intersection between money laundering and terrorism lies in their mutual violation of law and potential to cause widespread harm is an act that violates the law and harms many people. Terrorism and other criminal acts related to terrorism are a form of transnational organized crime, because they involve complex international networks. Various efforts to eradicate money laundering, especially at the international level related to terrorism, were carried out by member countries of the Organization for Economic Co-operation and Development (OECD).
This study examines legal protection mechanisms for bondholders during issuer bankruptcy through a comparative analysis of Indonesian and US frameworks. Indonesian regulations—including the Capital Market Law, Bankruptcy and Suspension of Payment Law, and trustee provisions—demonstrate significant gaps in protecting bondholder claims during insolvency proceedings. Conversely, the US system, anchored by the Trust Indenture Act of 1939 and Chapter 11 Bankruptcy Code, provides superior protection through creditors’ committees, cramdown provisions, and fiduciary duty shifts that ensure both substantive and procedural safeguards. Key findings reveal Indonesia's regulatory deficiencies in claim prioritization, trustee empowerment, and bondholder representation in bankruptcy proceedings. This research proposes US-model reforms to strengthen investor protection, enhance market credibility, and promote economic stability in Indonesia’s capital market.
Questioning the Decline in the Number of Hand Catching Operation by the Corruption Eradication Commission
One way the Indonesian government eradicates corruption is by forming the Corruption Eradication Committee and one way to take action against corruption is by conducting hand catching operation. The purpose of writing this article is to explain the causes of the decline in the number of hand catching operation in recent years, especially in 2024, even though the Corruption Eradication Committee hand catching operation had been intensively carried out to prosecute corruption, but instead of experiencing a spike, the number of hand catching operations actually decreased. The preparation of this article uses a normative legal research method related to hand catching operations and the latest Corruption Eradication Committee Law. In addition, in order for the analysis results to be more in-depth, the author also uses a legislative and conceptual study approach. There are 2 (two) research results in this article, namely, first, the term hand catching operations is indeed not found in the Criminal Procedure Code and the Corruption Eradication Committee Law, but a series of actions that are the same as hand catching operation containing the stages of wiretapping, searches, arrests and confiscations have been regulated in the latest Corruption Eradication Committee Law. Second, the hand catching operation which is currently experiencing a decline in 2024 is due to several things such as changes in the hand catching operation mechanism in carrying out wiretapping, searches, and/or confiscations, permission from the Supervisory Board is required. Hand catching operation has also been studied by corruptors who on average have high intellectual education so that by studying the hand catching operation method
Comparison of Personal Guarantees and Collateral in Bank Credit Agreements and Leasing Financing
This study aims to analyse the effectiveness of guarantees in bank credit agreements and leasing financing, specifically comparing personal guarantees and collateral. Using a normative research method, this study investigates the regulations governing both types of guarantees from the perspective of Indonesian positive law. The objective of this study is to provide a better understanding of when and why each type of collateral should be used, as well as to identify challenges in its application. Through literature studies, analysis of legislation, and a review of court decisions, this study finds that collateral offers greater legal certainty and facilitates execution, especially when the collateral has a stable market value. Conversely, personal guarantees provide flexibility in collateralisation but are highly dependent on the guarantor's financial capacity and good faith. The results of this study are expected to provide recommendations for legal practice in the field of financing and assist creditors in selecting the optimal type of collateral for their situation.
Copyright (c) 2025 Kertha Patrika https://creativecommons.org/licenses/by-nc/4.0
Hypocrite : Moral Legal Criticism of State Officials
This study examines the hypocritical attitudes of officials in this country from a critical juridical perspective with a moral dimension. The method used in this study is a literature study method with a legal philosophy approach. This study also uses relevant empirical and normative legal data to support the research. The urgency of this research is the increasingly disturbing hypocritical attitudes of officials in this country, which have a negative impact on the life of the nation. Law is an instrument that plays a crucial role in improving this situation. This research differs from previous research that has focused more on the study of cases of violations of positive law by state officials. Meanwhile, this study has a critical dimension through legal morality towards the hypocritical attitudes of officials. The novelty of this research is also evident in the issue of hypocrisy of officials, which is the main topic of study, rather than violations of laws and regulations. The dimension of moral attitudes that is rarely touched by the law becomes a separate and different study in this study.
Joint Data Controller Responsibility in OSS RBA System Interoperability after the Personal Data Protection Law Enactment
The business licensing reform enacted through Law Number 11 of 2020 concerning Job Creation has given rise to the Risk-Based Online Single Submission (OSS RBA) system, which relies on real-time data interoperability from various government agencies. The ratification of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) introduces a new legal regime that creates ambiguity regarding the legal status of the parties within the OSS RBA ecosystem. This research aims to analyze the legal qualification of the parties involved in personal data processing within the ecosystem, evaluate the application of the Joint Controllership concept in OSS RBA interoperability, and formulate a mechanism for allocating legal responsibility in the event of personal data protection failures. The research employs a normative juridical method with statutory and conceptual approaches. The result indicate that the relationship between the Ministry of Investment/BKPM and the data source agencies is more appropriately qualified as Joint Controllers, as they collectively determine the purposes and means of personal data processing. A legal void exists in the regulation of joint controllership within the OSS RBA. The absence of agreements or derivative technical regulations governing the allocation of responsibility creates ambiguity that can be detrimental to data subjects. Therefore, derivative regulations are necessary to stipulate in detail the joint controllership mechanism and to mandate the preparation of Data Sharing Agreements (DSAs) between agencies, which would define the responsibilities of each party in accordance with the provisions of the PDP Law.
Paradigmatic Conflict of Law on Narcotics and Legislative Synchronization with the New Indonesia Criminal Code
This study analyzes the paradigmatic dilemma of Indonesia’s narcotics law: the necessity of strict prosecution against transnational syndicates versus the humanitarian crisis of prison overcrowding caused by the incarceration of addicts. Law Number 35 of 2009 concerning Narcotics embodies a philosophical dualism (retribution vs. rehabilitation), yet its implementation is dominated by a punitive orientation. The purpose of this research is to analyze the philosophical tension within Law 35/2009 and project the implications of its legislative synchronization with the restorative principles in the new Criminal Code (Law 1/2023). The method used is normative juridical with a prescriptive character, utilizing statutory, conceptual, and comparative approaches. The results conclude that the new Criminal Code risks significant failure in resolving the capacity crisis due to restrictions on alternative sanctions for crimes carrying penalties of over five years, which covers the majority of Narcotics cases. The codification attempt also potentially weakens the prosecution of transnational crimes due to the incomplete adoption of special investigation techniques. The primary recommendation is a firm legislative synchronization that separates jurisdiction: the new Criminal Code as lex generalis for minor users, and the Narcotics Law as a strengthened lex specialis to target dealers, supported by the implementation of factual decriminalization based on public health.
Building a Fair Criminal Justice System: The Urgency of a Single Prosecution System for Prosecutors and Police
The Indonesian criminal justice system faces complex challenges in coordination and effectiveness of law enforcement, particularly between the police and the prosecutor's office. The dualism of investigative authority that has existed for some time has given rise to various structural problems, resulting in legal uncertainty and reducing the quality of criminal law enforcement. This study focuses on analyzing the urgency of implementing a Single Prosecution System as a reformative solution in building a more equitable and effective criminal justice system. The concept of a Single Prosecution System is of particular concern because in the practice of law enforcement in Indonesia, there is still a division of dual authority, where prosecutors and the police both have the authority to investigate certain cases such as corruption and gross human rights violations. This condition often leads to unclear tasks between institutions, weak coordination, and overlapping authorities, which result in inconsistencies in the handling of criminal cases. The purpose of this study is to identify the weaknesses of the current criminal justice system and analyze how the implementation of the Single Prosecution System can be a solution to create an integrated, effective, and fair criminal justice system. This study uses a legal-normative approach with secondary data consisting of primary and secondary legal materials. Data analysis was conducted qualitatively. The results of the study indicate that reforming the criminal justice system through the implementation of a Single Prosecution System can eliminate overlapping authority between prosecutors and the police, strengthen institutional coordination, and create an Indonesian criminal justice system that guarantees legal certainty and justice for the community.
Discourse on the Role of Victim Advocates in the Concept of Plea Bargaining: Towards Restorative Justice?
The purpose of this research is to examine how the discourse on the role of victim advocates in the concept of plea bargaining as an attempt to achieve restorative justice in the adjudication of criminal cases in Indonesia. The methodology used is qualitative research with a non-doctrinal normative legal research method, as well as a regulatory and conceptual approach. The results of this study reveal a discourse on the situation of victim advocates in the current Indonesian criminal justice system, followed by a critical review of the concept of plea bargaining in the criminal justice system, and attempts to achieve restorative justice for victims by strengthening the role of victim advocates through its implementation in the concept of plea bargaining. Thus, the concept of plea bargaining not only prioritizes the interests of the defendant, but also serves as an alternative pathway to achieve recovery for victims of crime.
The Existence of Sentencing Guidelines for Bribery Crimes after the Criminal Code in Safeguarding Judicial Independence
This study aims to analyze the existence of regulations concerning sentencing guidelines for bribery cases in Indonesia and their influence on judicial decisions concerning the principle of judicial independence. The research employs a normative legal research method with statutory, conceptual, cases, and comparative approaches. The research findings indicate that the regulation of sentencing guidelines in Indonesia is still not specifically mandated. While the Supreme Court has issued a Supreme Court Regulation on Sentencing Guidelines for State Financial Corruption, which is limited to state financial corruption cases, no specific rules yet exist for bribery cases. Following the enactment of the National Criminal Code which takes effect in 2026, Indonesia will possess sentencing guidelines that apply to all criminal offenses, including bribery cases. This regulation appears to be general in nature in order to uphold the independence of judges when adjudicating cases. Judges are granted the authority to determine the severity or leniency of the sentence for the perpetrator by considering the standards set forth in Article 54 of the National Criminal Code, which is expected to provide rational justification in sentencing, thus achieving legal certainty.
Reactualisation of the Pretrial Role in Guaranteeing a Fair Trial in Indonesia: Lessons from the Pegi Setiawan Case
Constitutional Court Decision Number 21/PUU-XII/2014 has become an important milestone in expanding the scope of pretrial proceedings in Indonesia. The ruling confirms that the designation of suspects, searches, and seizures can be challenged through pretrial mechanisms, even though this norm was not explicitly stated in Article 77(a) of Law No. 8 of 1981 on Criminal Procedure (KUHAP). Interestingly, in judicial practice, Decision Number 10/Pid.Pra/2024/PN Bdg in the case of Pegi Setiawan actually used the Constitutional Court's legal considerations, not just the verdict, as the basis for the sole judge's argument. This reveals a shift in methodology in the use of Constitutional Court decisions by first instance judges. This article examines the position of legal considerations in Constitutional Court Decision Number 21/PUU-XII/2014, including dissenting opinions and concurring opinions, as well as their implications for pretrial practice. This research is a type of normative juridical research with a legal material collection technique using a document study or literature research method. This analysis is also directed at the need to reformulate pretrial norms in Indonesian criminal procedure law in the future so that they are in line with the principles of legal certainty, protection of human rights, and the principle of due process of law.
Concerted Action dalam Menilai Praktik Penetapan Harga (Studi Putusan KPPU Nomor 15/KPPU-I/2019)
Penelitian ini bertujuan untuk menganalisis secara komprehensif konsep concerted action dalam perspektif hukum persaingan usaha di Indonesia. Fokus utama kajian meliputi: (1) identifikasi pengertian dan karakteristik concerted action dalam konteks Undang-Undang Nomor 5 Tahun 1999; (2) evaluasi penerapan konsep tersebut dalam penyelesaian sengketa terkait penetapan harga oleh Komisi Pengawas Persaingan Usaha (KPPU); (3) analisis pertimbangan yuridis Majelis Komisi KPPU dalam Putusan Nomor 15/KPPU-I/2019 mengenai praktik concerted action dalam industri penerbangan domestik; serta (4) pengkajian terhadap ambiguitas norma dalam Pasal 5 UU No.5/1999 yang belum secara eksplisit mengatur concerted action sebagai bentuk perjanjian yang dilarang.Metode penelitian yang digunakan adalah metode yuridis normatif, dengan pendekatan peraturan perundang-undangan, pendekatan konseptual, pendekatan perbandingan dan pendekatan studi kasus. Data hukum yang digunakan terdiri atas bahan hukum primer, sekunder, dan tersier, yang dihimpun melalui studi kepustakaan dan dianalisis secara kualitatif dengan pendekatan deduktif untuk menarik kesimpulan yang logis dan sistematis.Hasil penelitian menunjukkan bahwa meskipun concerted action belum secara eksplisit disebutkan dalam UU No. 5 Tahun 1999 maupun peraturan turunannya, konsep ini tetap diterapkan KPPU dalam pembuktian praktik anti persaingan. Dalam Putusan KPPU No.15/KPPU-I/2019, pelanggaran terhadap Pasal 5 dapat dibuktikan melalui indirect evidence seperti keseragaman perilaku harga dan indikator tambahan (plus factors), tanpa memerlukan bukti perjanjian eksplisit. Sebaliknya, pelanggaran Pasal 11 tidak terbukti karena membutuhkan tingkat pembuktian yang lebih tinggi, yaitu adanya perjanjian eksplisit terkait pengaturan produksi dan pemasaran.
Global Regulatory Challenges in The Aesthetic Beauty Clinic Business
Regulation of beauty clinic is very important to maintain patient’s safety and wellbeing. In addition, it also involves physician and beautician licensing and certification. This regulation is intended to ensure competency and commitment to patient’s health and safety, and beauty clinic should comply with the legal requirement for its operation, including getting licensing and certification needed, attending appropriate sanitation and cleanliness practices, ascertaining the safety of equipment and product used, and protecting patient’s privacy and confidentiality. This regulation also helps maintain reputation and trust in beauty clinic business entirely. Incompliance with regulation results in the unlawful action. The states in the world should protect the patients of esthetic beauty clinic as the form of law guaranty and certainty as well as justice.
Freedom of Contract in Choosing a Financial Services Sector Consumer Dispute Resolution Forum
The choice of dispute resolution forum is a freedom for the parties contained therein. This includes Financial Services Sector Consumers who have the right to choose the forum. However, Law Number 4 of 2023 concerning Strengthening and Development of the Financial Services Sector has shifted this freedom for consumers which is only given to the Financial Sector Alternative Dispute Resolution Institution. This research aims to analyze the freedom of contract for consumers to choose a dispute resolution forum based on the principle of proportionality in an agreement. This research uses normative and doctrinal research. This research is conducted by examining literature or secondary data sourced from primary legal materials, secondary legal materials, and tertiary legal materials. The regulation regarding the dispute resolution forum in Law Number 4 of 2023 concerning Strengthening and Development of the Financial Sector does not in fact provide a freedom of contract for the parties therein. Given that choosing a forum is a basic right for consumers, it is better for business actors to provide all available dispute resolution forums. From the many choices of dispute resolution forums, consumers are given the right to choose a dispute resolution forum before agreements in the financial services sector are approved and electronically signed by consumers.
Environment Overuse in Indonesia: The Optimization Based on Regional and International Law Perspective
The purposes of this research is to identify and analyzed environmental management regulated according to international and Indonesia law. Also to proposed the optimization land conversion regulations to overcome exploitation. The research method used in this research is the library search method, namely by studying various legal books, a collection of laws and regulations, legal articles, the internet and other written sources. The results of the study show how the regulation of international law for the protection of the environment needs to be considered for its sustainability. From this research, it can be concluded that international law regulation on environmental utilization must have an appropriate spatial planning by taking into account the sustainability of the environment itself.
Pemenuhan Hak Rehabilitasi dalam Transfer Of Sentenced Person Menurut The Nelson Mandela Rules
Penelitian ini menggunakan metode penelitian hukum guna menemukan pemenuhan hak rehabilitasi bagi narapidana melalui mekanisme Transfer of Sentenced Person yang diatur dalam The Nelson Mandela Rules. Tujuan utama dari pemindahan ini adalah untuk memfasilitasi rehabilitasi sosial dan reintegrasi narapidana dengan memindahkan mereka ke negara asal, yang memungkinkan mereka untuk menjalani hukuman lebih dekat dengan keluarga dan budaya mereka. Dalam perspektif The Nelson Mandela Rules, yang menekankan pentingnya perlakuan manusiawi dan akses rehabilitasi yang adil bagi narapidana, pemindahan ini dapat dianggap sebagai langkah positif dalam meningkatkan kesejahteraan psikologis dan sosial narapidana. Hasil penelitian ini menerangkan adanya pemenuhan pemenuhan hak untuk mendukung rehabilitasi dalam keberhasilan pemindahan narapidana. Pelaksanaan pemindahan sangat bergantung pada komitmen negara-negara dalam menghormati prinsip-prinsip hak asasi manusia dan standar internasional yang tercantum dalam The Nelson Mandela Rules.
Menelaah Arah Politik Hukum dan Nilai-Nilai Pancasila dalam Reformulasi Undang-Undang Konservasi Sumber Daya Alam Hayati
Law No. 32 of 2024 on Amendments to Law No. 5 of 1990 concerning the Conservation of Natural Resources and Ecosystems (Amended Conservation Law) is an important step in the effort to preserve Indonesia's natural resources and ecosystems, which face various issues such as deforestation and biodiversity loss. This paper analyzes the consistency of the Amended Conservation Law with the fundamental values of the Indonesian state and its legal policy direction using a normative juridical approach, specifically through statute approach and philosophical approach. The analysis reveals that the Amended Conservation Law demonstrates strong consistency with the core values of the Indonesian state, particularly Pancasila and the 1945 Constitution, by emphasizing the sustainable management of natural resources and social justice. The legal policy direction of this law aims to achieve societal welfare, environmental protection, and sustainable development, in line with the aspirations of the Indonesian nation.
Perlindungan Hukum bagi Konsumen terhadap Pembatalan Transaksi Jual Beli Online menggunakan Metode Paylater
Paylater is an electronic-based financing service to postpone payments to be repaid at a later date. Paylater can generally be said to be a receivable agreement regulated in Article 1754 of the Civil Code. This service arises due to e-commerce innovation and the development of fintech companies. OJK noted that paylater financing in Indonesia reached 79.92 million in 2023. This paylater financing figure is supported by the increasing use of buying and selling transactions in e-commerce. There is a case where consumers experience losses for using paylater services due to the cancellation of transactions in e-commerce by the marketplace. Problems arise regarding the party that should be responsible in this case because of the complexity of buying and selling transactions in e-commerce which involves the role of various business actors, both marketplaces, merchants, and finance companies. This research aims to examine the legal protection for consumers over the cancellation of buying and selling transactions using the paylater method in the marketplace. The research is a normative juridical research with a statutory and conceptual approach. The results showed that consumers can obtain repressive legal protection in the form of compensation based on Article 19 paragraph (1) of the Consumer Protection Law and Article 10 paragraph (1) of POJK No.22 of 2023 concerning Consumer and Community Protection in the Financial Services Sector.