Intellectual Law Review (ILRE)

Legal Accountability of Public Officials in Abuse of Authority

2025-10-16T08:41:57+07:00

The purpose of this study is to analyze the limits and forms of abuse of authority committed by the Deputy Minister of Law and Human Rights (Wamenkumham) in the management of General Legal Administration (AHU), as well as to examine the role of the Corruption Eradication Commission (KPK) in supervising and handling these actions. This study uses a qualitative method with a legal-normative approach to analyze legal norms and their application in administrative governance, supplemented by a case study method for in-depth analysis of the Deputy Minister's alleged abuse of authority, supported by an analysis of relevant laws and regulations. The findings of this study indicate that the Deputy Minister's authority is coordinative and delegative in nature; actions beyond these limits can be categorized as abuse of authority. The KPK has an important role in monitoring, coordinating, and enforcing the law against such abuse of authority to maintain accountability and integrity in public administration. This study concludes that the application of good governance principles is fundamental in preventing abuse of authority in the Ministry of Law and Human Rights.

The Role and Responsibility of the Government in Protecting the Rights of Electronic Certificate Holders in Accordance with the Principle of Legal Protection

2025-11-19T20:34:12+07:00

This study aims to analyse the role and responsibility of the government in providing legal protection for holders of electronic certificates (e-certificates), particularly in ensuring legal certainty and data security in accordance with the mandate of Article 28D of the 1945 Constitution. This study uses a normative juridical method with a statute approach and a conceptual approach. Data analysis was conducted qualitatively and descriptively on secondary data covering primary, secondary, and tertiary legal materials. The results of the study show that although a formal legal basis exists (ITE Law, Government Regulation No. 18/2021, and ATR/BPN Ministerial Regulation No. 3/2023) that provides a framework for preventive and repressive protection, its implementation still faces crucial problems. These problems include: (1) uneven infrastructure and human resource readiness, which risks violating the principles of legal certainty and equal protection; (2) a legal culture gap or public doubt regarding the validity of electronic documents; (3) inconsistency and fragmentation of implementing regulations, giving rise to multiple interpretations; and (4) a lack of clear norms regarding state accountability mechanisms, compensation, and restoration of rights in the event of system failure or data leaks.

Green Employment Policies and Legal Frameworks in Developing Economies

2025-11-12T21:33:02+07:00

The growing urgency of the global climate crisis compels developing economies to redesign their labor governance systems to integrate environmental sustainability. This study examines the extent to which legal frameworks in developing countries can promote green employment as part of sustainable governance reform. Using a normative juridical approach combined with comparative legal analysis, the research explores statutory provisions and policy instruments from selected countries in Asia, Africa, and Latin America. The data were obtained through legislative interpretation and document review focusing on the convergence between environmental law and labor regulation. The findings reveal that despite strong policy narratives on green growth, the implementation of sustainable labor governance remains fragmented due to weak institutional coordination, limited enforcement, and inadequate legal integration. The study argues that establishing an integrated legal framework linking environmental standards with labor rights is essential to ensure a just transition toward green employment. Such a framework should emphasize coherence, accountability, and cross-sectoral collaboration to achieve inclusive, sustainable economic development.

Legal Protection for Consumer Safety Due to Inconsistencies in Grab Partner Identities

2026-01-04T20:21:57+07:00

This study analyses legal protection for consumer safety arising from inconsistencies between the identities of Grab driver partners displayed in the application and those encountered in practice, as well as the legal remedies available when consumer safety and security are not adequately guaranteed. The research employs an empirical juridical approach with qualitative methods, using a case study at PT Grab Indonesia in Semarang City. Data were collected through in-depth interviews, field observations, and document analysis, and analysed descriptively by linking empirical findings with Law Number 8 of 1999 concerning Consumer Protection. The findings reveal that mismatches in partner identities constitute a recurring issue that undermines consumers’ rights to accurate, clear, and honest information, while simultaneously exposing them to heightened safety and security risks. Empirically, consumers experience fear, discomfort, and psychological insecurity during rides, yet often continue the service due to situational constraints, reflecting their weak bargaining position in platform-based service relationships. From the perspective of Gustav Radbruch’s legal theory, these conditions demonstrate deficiencies in legal certainty, justice, and legal utility, particularly regarding platform accountability. This study concludes that effective consumer protection requires not only material compensation, but also guarantees of personal safety, transparent information, and corrective-preventive measures by platform providers. Consumers may pursue layered legal remedies, including internal complaint mechanisms, dispute resolution through the Consumer Dispute Settlement Agency (BPSK), litigation, and criminal reporting in cases involving serious threats or criminal elements.

Implications of the Expansion of Criminal Jurisdiction for State Sovereignty in Counter-Terrorism under the Criminal Code

2026-01-14T17:09:16+07:00

The transnational nature of terrorism poses significant challenges to the traditional territorial concept of criminal jurisdiction and directly affects the principle of state sovereignty. The expansion of criminal jurisdiction under Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) raises legal questions regarding the extent to which a state may exercise jurisdiction in combating terrorism without infringing upon the sovereignty of other states. This study aims to analyse the implications of the expansion of criminal jurisdiction on state sovereignty in the context of counter-terrorism based on the 2023 KUHP and its conformity with principles of international law. This research employs a normative juridical method, using statutory, conceptual, and case approaches through an examination of the 2023 KUHP, counter-terrorism legislation, and relevant doctrines and international legal instruments. The findings indicate that the expansion of criminal jurisdiction in the 2023 KUHP is not arbitrary but is grounded in the principles of active nationality, passive nationality, and the protection of state interests, all of which require the existence of a genuine legal link. Such expansion is primarily situated within the scope of jurisdiction to prescribe and is implemented subject to the principles of non-intervention and international legal cooperation. This study concludes that the expansion of criminal jurisdiction under the 2023 KUHP reconstructs the concept of state sovereignty in a functional and responsible manner, while simultaneously strengthening Indonesia’s position within the global counter-terrorism legal regime without undermining state sovereignty or human rights.