Justitia et Pax

Author Index Volume 41 Nomor 1 Juni 2025

Justitia et Pax — 2025-06-30

Author Index Volume 41 Nomor 1 Juni 2025

JUDICIAL REVIEW OF CONSTITUTIONAL COURT DECISION NO. 90/PUU-XXI/2023 CONCERNING AGE LIMITS FOR PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES

M. Faqih Firdaus — 2025-06-29

The Constitutional Court is an organization of legal power which, in view of the constitution, has a legal capability to maintain regulation and equity. Regulation Number 24 of 2003 makes sense of that the obligations and elements of the Constitutional Court are to deal with established matters in regards to specific protected matters to shield the constitution so it is carried out dependably as per the desire of individuals and majority rule beliefs. In protecting the constitution, obviously, sacred appointed authorities are required who have information and skill in state organization as well as a promise to executing and managing state life as per the passages of the constitution, so every choice gave by the Constitutional Court is a legitimate item that doesn't go external the passageways of the constitution, so the actual constitution is naturally kept up with. This examination is spurred by the significant job of the Constitutional Court in giving over choices since it is as per Article 10 of Regulation No. 24 of 2003 concerning the Constitutional Court, the choice of the Constitutional Court is conclusive and has restricting legitimate power. The overall population, state directors, and all parts of the country trust that the Constitutional Court judges will really complete their capabilities, obligations and commands as per the Constitution, so through Constitutional Appointed authorities who have a statesmanlike soul, the Constitutional Court can create choices that can give a feeling of equity. in the midst of society. Keywords: Equity, Judge's Choice, Constitutional Court.

PERLINDUNGAN HUKUM TERHADAP EKSISTENSI KAIN TENUN SONGKE MANGGARAI SEBAGAI INDIKASI GEOGRAFIS

Yohanes Leonardus Ngompat — 2025-06-30

Songke woven fabric is one form of geographical indication as well as a form of local wisdom that has important meaning for the lives of the Manggarai people. Although de facto, songke weaving is an inseparable part of the life of the Manggarai people. However, in reality there are still many violations of the existence of songke weaving itself and harm the rights of weaving activists and the community. Therefore, this research has examined and analyzed the existence of songke woven fabric as a geographical indication and examined and analyzed the legal protection of Manggarai songke woven fabric as a geographical indication. This research is a type of empirical legal research that uses qualitative data analysis methods. Based on the results of the research, it is known that the existence of songke woven fabric in Manggarai is still maintained and preserved by the community. This is indicated by the use of songke cloth both in traditional rites and used in more modern things. Songke woven fabric is also one example of a geographical indication that characterizes the Manggarai region. In addition, based on the results of the research, it is known that the legal protection of the songke woven fabric of Manggarai is still not optimal. This is because in general, songke woven fabric as a geographical indication has indeed been accommodated in the law. However, it is unfortunate that until now there has been no government effort to register or facilitate the community in registering songke weaving as a geographical indication right and there are no local regulations governing the protection of songke weaving. Therefore, to realize optimal legal protection, the Manggarai regional government must be actively involved in registering songke weaving as a geographical indication right.

TANTANGAN PENGGUNAAN ARTIFICIAL INTELLIGENCE (AI) DALAM E-COMMERCE

Rohmah Febriyanti — 2025-06-30

Digital technology disruption has driven economic transformation. E-commerce as a disruptive business model is changing the industrial landscape and people's consumption patterns, bolstered through the deployment of information technology. The integration of Artificial Intelligence (AI) within the realm of information technology simplifies the performance of a range of economic transactions, especially in mapping and processing data related to e-commerce activities. However, the rapid flow of digital technology disruption in the industrial era 5.0 also raises various challenges, especially in legal aspects, such as regarding liability, personal data protection and consumer protection. For this reason, regulatory readiness to regulate and address the dynamics of digital technology disruption in e-commerce is very necessary. Until now, regulations regarding the utilization of information technology, such as AI, have only been generally regulated in Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, Law Number 1 of 2024 jo. Law Number 1 of 2008 concerning Electronic Information and Transactions. Therefore, there is a pressing need to establish the sui generis and clear regulations for the use of information technology in e-commerce. This is essential to address legal concerns related to personal data protection, consumer rights, and the challenges and responsibilities associated with AI in the e-commerce sector.

DAMPAK UNDANG-UNDANG CIPTA KERJA TERHADAP INVESTASI ASING: TINJAUAN HUKUM DAN PRAKTIS

Ria Julita Sari — 2025-06-30

The Job Creation Law or Omnibus Law is a significant reform in Indonesian investment law that aims to increase the attractiveness of foreign direct investment (FDI) by simplifying regulations and providing legal certainty. To strengthen Indonesia's position in the global market, the Job Creation Law introduces the Online Single Submission (OSS) system to accelerate licensing and a positive investment list that opens up more sectors to foreign investors. This paper analyzes the impact of these policies on FDI flows with a focus on the technology and renewable energy sectors that received a significant boost from fiscal incentives and the grandfathering concept that protects investment from sudden policy changes. Despite positive results, implementing the Job Creation Law faces challenges, especially in harmonizing regulations between the central and regional governments. This article recommends improving incentives in strategic sectors and harmonizing regulations to optimize the benefits of the Job Creation Law so that Indonesia can achieve greater economic potential and increase its competitiveness on the international stage.

PENGESAHAN IDENTITAS DALAM ASPEK HUKUM PADA PENETAPAN BEDA NAMA STUDI KASUS PERDATA NOMOR 43/PDT.P/2024/PN.TMG

Dwanda Julisa Sistyawan — 2025-07-01

The issue of legal identity plays a crucial role in legal and administrative processes, particularly when discrepancies arise in naming individuals, as seen in Case No. 43/Pdt.P/2024/PN Tmg involving Sabar and Sabar Widodo. This research adopts a normative juridical approach to analyze the legal principles surrounding establishing identity in official documents. Primary data were obtained from legal case files, while secondary data were gathered through literature reviews. The findings highlight that ambiguities in legal identity can lead to significant challenges, including inheritance rights disputes and administrative misrecognition. The case emphasizes the need for clear and accurate legal identities to ensure legal certainty and protect individual rights. The research underscores the importance of integrating digital signature technology and forensic linguistic expertise in verifying the authenticity of legal documents and identities. The court’s decision to declare that Sabar and Sabar Widodo refer to the same individual underscores the broader significance of identity clarity in legal contexts. This case reflects the need for legal reforms, including adopting modern digital tools to streamline the verification of identities and prevent potential disputes. The study highlights the necessity of a coherent legal framework to safeguard individual rights and ensure smooth administrative and legal procedures.

AKIBAT HUKUM PEREDARAN MAKANAN DAN MINUMAN OLAHAN ILEGAL DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN

Wahyudi — 2025-06-30

This study was conducted with the aim of determining the legal consequences of illegal circulation of processed food and beverages from the point of view of consumer protection. Processed foods and beverages are widely circulated in modern and traditional market environments, but there are still these products in circulation that do not have a distribution permit. Because the circulation of processed food and beverages does not go through the procedure stage to obtain a distribution permit so that consumers can be harmed. This research was conducted by descriptive analysis using normative juridical approach methods and qualitative juridical data analysis to achieve legal certainty with laws and regulations so that existing provisions do not conflict with each other. The results of this study show that the tendency of the public as consumers of processed food and beverage products, both domestic production and imported products, does not pay attention to the distribution permit from BPOM, so that the product is still widely circulated in traditional and modern markets. The circulation of these products is contrary to BPOM Regulation Number 27 of 2017 concerning Processed Food Registration. As a result of the illegal circulation of processed food and beverages, consumers are not protected from all forms of contents and packaging of the product and consumers risk being harmed if the product is not in accordance with what is stated on the packaging. Legal remedies against aggrieved consumers based on consumer protection laws can file a lawsuit through the Consumer Dispute Resolution Agency.

PENERAPAN ASAS KEADILAN DALAM PROSES PENYELESAIAN HAK ATAS TANAH UNTUK KEGIATAN PERTAMBANGAN

Manuel Defender Nakamnanu — 2025-06-30

Mining activities are one of the fields that provide a large contribution to state revenue through investment in the mining sector. To increase investment in mining, the government has changed several times the legal policies relating to the implementation of mining activities in Indonesia. Starting from centralized laws through Law Number 11 of 1967 concerning Basic Mining Provisions, which was later revoked by Law Number 4 of 2009 which gave more roles to local governments related to the granting of mining licenses, and further amended by Law Number 3 of 2020 which again adhered to a centralized system in granting mining licenses. Talking about mining activities, things that need to be seen are also related to the settlement of land rights for mining interests. In the three rules above, it implicitly regulates the settlement of land rights for mining interests, but none of the three rules guarantee and provide legal protection and a sense of justice for land rights voters. This is illustrated by the weak position of land rights holders in the process of resolving land rights. In this paper the author takes the formulation of the problem, namely whether the principle of justice has been applied in the process of resolving land rights between land rights holders and IUP holders. Also the method used in this research is based on library research. The results of this study indicate that the principle of justice has not been applied in the process of implementing land rights settlements.