Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
55 articles
Proceedings Article
Peer-Review Statements
Kukuh Tejomurti, Solikhah Solikhah
All of the articles in this proceedings volume have been presented at the [3rd International Conference “Law And Economic To Achieve Sustainable Development Goals In Democratic and Non-Democratic Regimes”] during [2-3 July 2025] in [UNS Tower Surakarta]. These articles have been peer reviewed by the...
Proceedings Article
Criminal Law Construction of Settlement Fine over Prosecutor's Authority in Economic Crime Cases
Suyanto Reksasumarta, Hartiwiningsih Hartiwiningsih, Kukuh Tejomurti
The authority granted to the Prosecutor’s Office for terminating criminal cases through a Settlement Fine (schikking) as outlined in the Prosecutor’s Office Law, a detailed explanation from the standpoint of criminal law and criminal procedure is necessary, otherwise the absence of such regulations may...
Proceedings Article
Data Protection to Achieve Cyber Resilience in the Financial Sector as a Measure to Mitigate Money Laundering Risk
David Prasetyo, Supanto Supanto, Dona Budi Kharisma
The state has not yet established a clear and firm legal framework to define and limit the meaning of’state administration interests’ in accessing and processing personal data by the financial services sector, thus potentially violating human rights. This study aims to guarante personal data protection...
Proceedings Article
Strengthening Legal Oversight to Prevent Financial Mismanagement in Bali’s Village Credit Institutions
Arin Pratiwi Quarta, Yudho Taruno Muryanto, Riska Andi Fitriono
Fraudulent loans are on the rise at Bali’s Village Credit Institutions (LPDs), indicating that these community-based financial institutions lack robust legal and financial oversight. This research aims to enhance the prevention of such abuse. It proposes restructuring the legal framework overseeing LPD’s...
Proceedings Article
A Comparison of Sharia-Based and Conventional Rice Farming Insurance Regulations is Presented: Implications for Legal Protection and Farmer Empowerment in Indonesia
Ahmad Imam Hambali, Burhanudin Harahap, Anjar Sri Ciptorukmi Nugraheni
This study aims to compare conventional and sharia-based Rice Farming Insurance (AUTP) regulations in Indonesia and analyze their implications for legal protection and farmer empowerment. The study focuses on differences in principles, legal bases, implementation mechanisms, and legal certainty received...
Proceedings Article
The Development of Contract Law Doctrine in the Indonesian Legal System
Wiwin Dwi Ratna Febriyanti, Adi Sulistiyono, Yudho Taruno Muryanto
Abuse of circumstances is one of the doctrines used by judges in deciding cases in the field of contractual disputes. This doctrine has long been introduced into Indonesia as a form of legal development. Where judges in examining cases can conduct legal discovery, legal interpretation, and legal reasoning,...
Proceedings Article
Individual Limited Liability Company as Legal Subjects in International Transactions in the ASEAN Region
Nourma Dewi, Yudho Taruno Muryanto, Ayub Torry Satriyo Kusumo
A sole proprietorship is a new legal entity established with the aim of facilitating investment, strengthening MSMEs, and improving the quality of human resources (HR) in the workforce. It is a strategic step taken by the government to create job opportunities for the Indonesian people with the enactment...
Proceedings Article
A Novel Concept of Simple and Fast Dispute Resolution for E-Commerce and Digital Transactions
Douglas Napitupulu, Adi Sulistiyono, Isharyanto Isharyanto
The growth of e-commerce in Indonesia has opened up huge opportunities for digital economic growth. However, it has also created legal challenges, especially in terms of quick and efficient dispute resolution. The high number of consumer complaints shows that the public does not really trust online transaction...
Proceedings Article
Reformulating the Fresh Start Principle in Indonesian Bankruptcy Law for Small and Medium Enterprises (SMEs) to Ensure Business Continuity
Sherly Nelsa Fitri, Emmy Latifah, Kukuh Tejomurti
The Fresh Start principle in bankruptcy law embodies an approach that grants debtors a second chance to continue their economic activities after insolvency, while safeguarding legal certainty for creditors. In Indonesia, Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations has...
Proceedings Article
Unraveling the Ambiguity of Legal Liability of Digital Banking in Indonesia: Adapting an Integrated Protection Model for Customers
Rekawati Rekawati, Adi Sulistiyono, Riska Andi Fitriono
Despite the rapid development of digital banking services in Indonesia, regulations governing customer protection are still partial and do not clearly divide legal responsibilities among industry players. This lacuna creates ambiguity in dispute resolution and weakens the legal position of customers....
Proceedings Article
Beyond Punishment: Realizing Fiscal Justice through Pancasila-Based Digital Asset Recovery
Bambang Hartono, Intan Nurina Seftiniara, Suta Ramadan
Digital Assets such as cryptocurrency were born from the transformation of the digital economu that not only opens iup new opportunities for the economy, but also for criminals in storing their assets until money laundering occurs. Digital assets are assets that are anonymous, transnational and difficult...
Proceedings Article
LETHEI Approach: Complexities of Notarial Covernote in Banking Credit Agreements
Agustinus Bambang Hendrianto, Adi Sulistiyono, Albertus Sentot Sudarwanto
This article seeks to reconstruct the regulatory framework, specifically by emphasizing the principle of notarial prudence when issuing covernotes. This emphasis serves as a crucial preventive measure against unlawful acts during the binding of banking credit agreements. To measure the utility of a new,...
Proceedings Article
Plea Bargaining Mechanism in Corruption Crimes: A Strategy for Returning State Financial Losses in Indonesia
Heru Aprianto, Hari Purwadi, Muhammad Rustamaji
Corruption seriously undermines good governance. One method that is receiving a lot of attention is plea bargaining, which involves negotiating guilty pleas. Although it has numerous advantages, its usage in corruption cases still suffers from practical problems and reaps a series of benefits, but also...
Proceedings Article
Juridical Analysis of Corporate Criminal Liability in the Cooking Oil Corruption Case
Dedi Riyanto, Hartiwiningsih Hartiwiningsih, Riska Andi Fitriono
Corporate crime is increasingly complex as corporations dominate national economic activities. A notable case involves alleged cooking oil distribution violations by Musim Mas, Wilmar, and Permata Hijau Groups. This study examines judicial considerations in these cases and explores corporate criminal...
Proceedings Article
Reconstruction of Victim-Centered Criminal Law Policy to Achieve Restorative Justice in Sexual Violence Cases
S. Pratiwi Aminuddin, Agus Raharjo, Hibnu Nugroho
Restorative Justice has gained increasing recognition in the Indonesian legal system, with various law enforcement agencies actively promoting the resolution of cases through Restorative Justice mechanisms, including cases of sexual violence. Victims of sexual violence suffer not only physical harm but...
Proceedings Article
The Silent Law: A Critical Legal Studies Portrait of Neglected Justice in the Crime of Corruption in Indonesian Judicial Practice
Darius Antonius Kian, Supanto Supanto, Sapto Hermawan
The handling of corruption cases in Indonesia often presents a paradox between the rhetoric of law enforcement and the reality of repeated injustice. In many cases, the law appears silent when dealing with perpetrators from the elite, while being harsh and repressive towards lower-class perpetrators....
Proceedings Article
Dogmatic and Mens Rea Analysis of State Economic Loss in Indonesian Corruption Law
Devi Love Marbuhal Oktario Hutapea, Hartiwiningsih Hartiwiningsih, Itok Dwi Kurniawan
Corruption law enforcement in Indonesia faces conceptual challenges, particularly in interpreting “harming the state economy” under Laws No. 31/1999 and No. 20/2001. Judicial practice shows inconsistent classification between material and formal offenses, undermining legal certainty. Existing studies...
Proceedings Article
Reconstructing Legal Certainty and Justice on Prejudicieel Geschil for the Execution of Property Rights
Adhiem Widigdo, Adi Sulistiyono, Muhammad Rustamaji
Prejudicieel geschil stops decisions in related cases from conflicting with each other. Still, the presence of prejudicieel geschil or preliminary disputes often makes it hard to carry out court decisions about property rights, especially when an overlap goes against the principles of legal certainty...
Proceedings Article
Optimizing Asset Recovery in Corruption Cases through the In Rem Forfeiture Approach: An Analysis of the Authority of the Public Prosecution Service of the Republic of Indonesia
Sophie Khanda Aulia Brahmana, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
Corruption is an extraordinary crime that not only harms state finances but also erodes public trust in government institutions. One of the main challenges in eradicating corruption is the difficulty of recovering assets resulting from corruption which are often hidden or diverted by the perpetrators....
Proceedings Article
Criminal Liability for Misuse of Material Collateral Objects in Indonesia
Ali Jabbar, Jamal Wiwoho, Anita Zulfiani
This study analyzes the misuse of the object of material security in the Indonesian legal system, especially in relation to criminal and civil law. Collateral instruments such as fiduciaries, mortgages, mortgages, and dependents have an important role in ensuring the repayment of debtors’ debts. However,...
Proceedings Article
Revitalizing Legal Assistance: Enhancing the Prosecutor’s Role in Corruption Prevention
Muhammad Alvinda Yudhi Utama, Adi Sulistiyono, Waluyo Waluyo
Sustainable development and decent governance in Indonesia continue to be significantly impeded by corruption. Until now, law enforcement has prioritized a punitive strategy, while prevention strategies, notably those implemented by law enforcement agencies, have garnered more attention. This research...
Proceedings Article
Strengthening the Dominus Litis Principle in Managing Evidence within Indonesia’s Criminal Procedure Reform
Aditia Setiawan, Adi Sulistiyono, Bambang Santoso
In the criminal justice system, the management and handling of evidence are essential for uncovering the truth and safeguarding individual rights. However, due to legal ambiguities, Indonesia continues to face significant challenges in this area. This research aims to examine the importance of strengthening...
Proceedings Article
State Loss Assessment in Anti-Corruption Law: A Critical Review of Evidentiary Standards and Institutional Authority
Alvin Adianto Siahaan, Hartiwiningsih Hartiwiningsih, Pujiyono Suwandi
The existence of state financial losses in a case and the determination of their amount is highly significant. However, there is still ongoing debate, both regarding the presented evidence and the interpretation of “state financial loss.” This paper aims to identify the basis for determining state financial...
Proceedings Article
Effectiveness of The Public Prosecution Service in Calculating State Losses in Corruption Prosecution
Fajar Gigih Wibowo, Supanto Supanto, Muhammad Rustamaji
This study aims to analyze the effectiveness of the Public Prosecution Service’s role in the process of calculating state losses as an important part of law enforcement efforts against corruption in Indonesia. The main focus of this study is to determine the extent of the involvement of the Public Prosecution...
Proceedings Article
Legal Construction of the Consequences of a Judge’s Verdict Proven to Involve Receiving Gratuities in Adjudicating a Case
Erwan Adi Priyono, I Gusti Ayu Ketut Rachmi Handayani, Muhammad Rustamaji
Judicial integrity is a key pillar of law enforcement and substantive justice. When judges accept gratuities in return for case decisions, they violate judicial ethics and cast doubt on the validity of their rulings. This study analyzes the legal consequences of such verdicts based on the principle of...
Proceedings Article
Tracing Crypto Illegal Transactions in Indonesia: The Intersection of Forensic Technology and Legal Complexity
Resky Pradhana Romli, Adi Sulistiyono, Muhammad Rustamaji
The crypto phenomenon has transformed the global financial order by offering a fast, efficient, and decentralized transaction system. However, behind this progress, vulnerabilities have emerged that are often exploited for illegal activities, such as money laundering, illicit trade, and terrorism financing....
Proceedings Article
Implementation of Law and Justice in Indonesia: Between Formalistic Paradigm and Substantive Justice
Pria Sembada, Lego Karjoko, Ayub Torry Satriyo Kusomo
The enforcement of law and justice in Indonesia represents a pivotal issue in the pursuit of a democratic and civilized legal system. Despite the existence of a written legal framework and operational law enforcement agencies, the practice of law remains plagued by challenges such as unequal access to...
Proceedings Article
Shipping Insurance Protection in International Trade against the Armed Conflict Crisis
Delina Stia Wahyuaristy
International trade often experiences crises, one of which has occurred since 2023 due to a crisis in the Red Sea that arose due to the Houthi group’s attack on commercial shipping ships until it was finally forced to avoid the Red Sea and the Suez Canal as its shipping route. This has an impact on the...
Proceedings Article
Law Enforcement of Corruption Cases with Small-Scale State Financial Losses
Jermias Penna, Supanto Supanto, Diana Tantri Cahyaningsih
In practice, the handling of corruption cases that result in small-scale state financial losses is handled less often or never handled compared to corruption cases that result in small-scale state financial losses, even though the Corruption Law, namely Law of the Republic of Indonesia Number 31 of 1999...
Proceedings Article
The Effectiveness of the Application of Criminal Sanctions in Corruption Cases under Supreme Court Regulation (PERMA) No. 1 of 2020
Joko Probowinarto, Pujiyono Suwadi, Muhammad Rustamaji
Sentencing disparities in corruption cases remain a persistent issue in Indonesia, eroding public trust in the judiciary and prompting legal reforms. In an effort to address this, the Supreme Court issued Regulation (PERMA) No. 1 of 2020 on Sentencing Guidelines for Articles 2 and 3 of the Corruption...
Proceedings Article
Legal Harmonization Challenges in Preventing Terrorism Financing: Strengthening Global and National Frameworks for Achieving SDG 16
Ratih Febriyana Dewi, Supanto Supanto, Anang Setiyawan
Sustainable development under the Sustainable Development Goals (SDGs) faces major challenges from global terrorism, especially cross-border terrorist financing, which threatens security and undermines the social, economic, and institutional pillars of the SDGs. In this case, legal harmonization between...
Proceedings Article
Environmental Damage as State Financial Loss in Corruption Offenses
Sigit Sambodo, I Gusti Ayu Ketut Rachmi Handayani, Pujiyono Suwadi
The concept of including environmental losses in the scope of state financial losses is a theoretical reality that needs to be proven clearly because if natural resources are managed using inappropriate permits and there are procedural errors, it will result in the state losing its right to manage state...
Proceedings Article
The Legal Politics of Transforming United Nations Resolution A/RES/70/1 on the 2030 Agenda for Sustainable Development into National Law and Its Impact on Regional Development Planning from the Perspective of International Law
Pangajoman, Emmy Latifah, Waluyo Waluyo
The 2030 Agenda for Sustainable Development Goals (SDGs), established by UN General Assembly Resolution A/RES/70/1, represents a worldwide commitment that needs inclusion in national legal and policy institutions, including those of Indonesia. This paper examines Indonesia’s legal policy concerning the...
Proceedings Article
Comparative Study of Water Law Systems in Switzerland, Germany, and Singapore
Ahmad Zia Khakim, I Gusti Ayu Ketut Rachmi Handayani, Rosita Candrakirana
Comparisons between various water resource ownership systems are inevitably influenced by the concept of “wealth” itself, and the management of water resources for the greatest prosperity of the people is a manifestation of the state’s right to control water resources as mandated by Article 33(3) of...
Proceedings Article
Urgency of Regulating Presidential Neutrality to Ensure Legal Certainty in Indonesia
Biantara Albab, Agus Riwanto, Topo Santoso
The presidential election in Indonesia demands the principle of neutrality; however, there is currently no clear regulation governing the neutrality of the President during elections. The President’s involvement in the electoral process and political affiliations potentially create conflicts of interest...
Proceedings Article
Reconstruction of Administrative Legal Policy in Realizing Good Governance in Chromebook Laptop Procurement
La Ode Risman, I Gusti Ayu Ketut Rachmi Handayani, Heri Hartanto
Good governance must be transparent, accountable, have a role of law and openness to information. Therefore, in the implementation of government, prioritize the needs of the community so that it can be effective and have an impact on those who need it. The ICT procurement program using Chromebook laptops...
Proceedings Article
Study of the Free Meal Program in the Improvement of the Indonesian Economy
Moratua Silaban, Adi Sulistiyono, Jadmiko Anom Husodo
The free meal program initiated by the Indonesian government has the potential not only as a solution to the problem of food security and community nutrition, but also as an instrument to improve the national economy. In the context of governance (bestuur), this program can be optimized to create a broad...
Proceedings Article
Legal Politics in Eradicating Corruption as an Effort to Realize Good Governance
Mohammad Haris Yusuf Albar, Supanto Supanto, Muhammad Rustamaji
The problem of corruption is still a major obstacle that is difficult to resolve completely. Various efforts have been made, but acts of corruption still occur frequently and even seem to be increasing. One of the main reasons for the high level of corruption is the urge to maintain power, position,...
Proceedings Article
Redesign of Special Regional Regulations within the Framework of Special Autonomy Based on the Customary Rights of Indigenous Papuans in the Modern Era
Elias Hence Thesia, Sunny Ummul Firdaus, Mulyanto Mulyanto
This research, entitled “Redesign of Special Regional Regulations within the Framework of Special Autonomy Based on the Customary Rights of Indigenous Papuans in the Modern Era,” This study aims to thoroughly examine draft special regional regulations within the framework of Special Autonomy to ensure...
Proceedings Article
Reformulation of Living Law or Customary Law in Regional Regulations of Districts/Cities through a Constitutional Approach
Angga Alfiyan, Mohammad Jamin, Adriana Grahani Firdausy
Local governments, especially district or city governments, have an obligation to maintain and preserve the laws that apply within their communities, particularly customary law. Local governments must provide legal protection so that customary law can be recognized by the wider public and effectively...
Proceedings Article
Reconstructing Industrial Dispute Resolution Based on Deliberation for Effective, Efficient, and Equitable Dispute Governance
Farkhan Liandra Bunaiyya, Adi Sulistiyono, Asianto Nugroho
Amid global economic uncertainty and labor market shifts, the effectiveness of industrial relations dispute resolution systems is increasingly crucial. In Indonesia, the litigation-based model is often slow, costly, and adversarial, producing win-lose outcomes that erode harmonious relations. This study...
Proceedings Article
Analysis of Compensation Settlements for Destroyed Land through Community Social Impact Handling
Tensa Nurdiyani, Rahayu Subekti, Erna Dyah Kusumawati
Development projects for public interest typically require land acquisition. Land in any conditions can be acquired for such purpose, including land situated in extreme conditions, e.g. destroyed land. This type of land has physically changed in its form to the extent that it is unidentifiable and unusable...
Proceedings Article
Indonesian Agrarian Law: the Illusion of State Land Control and Overlapping Land Regulations
Lidya Christina Wardhani
As the sovereign authority entrusted with land management, the Indonesian state has paradoxically failed to ensure prosperity, welfare, and justice for its citizens. In practice, agrarian resource governance has frequently been coopted under the guise of public interest by particular groups or individuals,...
Proceedings Article
Legal Procedures for the Commercial Use of Copyrighted Works in the Digital Era: A Comparative Study of the United States, Singapore, and Indonesia
Tauratiya Tauratiya, Adi Sulistiyono, Dona Budi Kharisma
This study aims to analyse and compare the procedures for granting commercial use licences for copyrighted works in the digital era, within the copyright law frameworks of the United States, Singapore, and Indonesia. The inclusion of the United States and Singapore is essential due to their advanced...
Proceedings Article
Legal Challenges in Confiscating Intangible Assets Based on Pancasila Values of Justice
Anggih Romadhon, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
The world’s development is currently moving towards increasingly complex and widespread modernization. All aspects of life are affected this and of course brings great changes in every line of human life. Crimes are also increasingly developing, including crimes in the digital world, money laundering,...
Proceedings Article
Theorizing Justice: An Analysis of the Supreme Court’s Legal Reasoning on a Dispute over the Management of Apartment Complexes in Indonesia
N. Budi Arianto Wijaya, Rahayu Subekti, Erna Dyah Kusumawati
This article discusses the Decision of the Supreme Court of the Republic of Indonesia No. 1285 K/Pdt/2023 concerning a dispute between the Association of Owners and Residents of Apartment Units (PPPSRS) of Mangga Dua Court Apartments and the developer, PT Duta Pertiwi Tbk., regarding the control and...
Proceedings Article
Economic Vulnerability of Women after Divorce Towards a Gender Responsive Family Law Policy
Yulia Hesti, Burhanudin Harahap, Anjar Sri Ciptorukmi Nugraheni
The economic vulnerability faced by women after divorce is a critical social and legal issue in Indonesia. Although family law regulates women’s economic rights, including maintenance of the iddah (waiting period), compensation for mut’ah (waiting for temporary dowry), and division of marital assets,...
Proceedings Article
Gender Inequality in the Law Enforcement of Adultery: A Critical Analysis of the Treatment of Women
Nopiana Mozin, Mohammad Jamin, Hartiwiningsih Hartiwiningsih
This study analyzes the juridical crime of adultery in Indonesian criminal law with a focus on women as the most vulnerable parties affected by criminalization. The provisions of Article 284 of the Criminal Code, although designed to maintain moral values and public order, actually raise problems in...
Proceedings Article
Legal Protection of Ship’s Crew: Legal Theory Perspectives
Sri Dwi Retno Ningsih, Adi Sulistiyono, Hartiwiningsih Hartiwiningsih, Emmy Latifah
Law enforcement against crew members who are victims of exploitation and modern slavery still faces various systemic obstacles in Indonesia. Through Lawrence M. Friedman’s Legal System Theory approach, this paper analyses how legal structure, legal substance and legal culture play a role in the success...
Proceedings Article
A Critical Analysis of Restrictions on Freedom of Expression in the Digital Era: A Legal and Human Rights Perspective on the Implementation of the Electronic Information and Transactions Law in Indonesia
Randy Pradityo, Hartiwiningsih Hartiwiningsih, Sasmini Sasmini
Freedom of expression is a fundamental human right vital to a democratic society; nonetheless, its application encounters considerable problems in the digital era, especially in Indonesia. This paper critically examines limitations on freedom of expression within the Indonesian legal system, specifically...
Proceedings Article
The Legal Significance of Informed Consent in Euthanasia: A Comparative Jurisdictional Analysis of Indonesia and Switzerland
Indira Swasti Gama Bhakti, Albertus Sentot Sudarwanto, Isharyanto Isharyanto
Euthanasia presents a complex ethical and legal dilemma, particularly concerning the legal force of informed consent as the basis for end-of-life medical decisions. This study aims to compare the legal strength of informed consent in the practice of euthanasia in Indonesia and Switzerland, two countries...
Proceedings Article
Optimising Restorative Justice for Children: Non-Litigation: Cases of Child Offenders in Indonesia and Malaysia
Indrawan Indrawan, Adi Sulistiyono, Subekti Subekti
Restorative justice is an important paradigm in the juvenile criminal justice system because it emphasises recovery, participation, and prevention of revictimisation through non-litigation mechanisms such as diversion. This study aims to analyse the regulation and implementation of restorative justice...
Proceedings Article
The Validity of Marriages Between People of Different Religions According to Statutory Regulations and Religious Law from the Perspective of Justice
Dwiyana Achmad Hartanto, Burhanudin Harahap, Luthfiyah Trini Hastuti
This study aims to examine the validity of marriages between people of different religions according to statutory regulations and religious law from the perspective of justice. The research method uses normative juridical with the following approaches: legislation, cases, conceptual, philosophical, and...
Proceedings Article
Opportunities and Challenges of Indonesia’s Halal Certification Obligation in International Trade
Siti Muslimah, Pujiyono Pujiyono, Emmy Latifah
Halal certification is mandatory for products entering, circulating, and trading in Indonesia, and globally to protect the Muslim-majority population. However, some countries consider this a barrier to trade. This research seeks to examine the opportunities and challenges posed by halal certification...
Proceedings Article
Analysis of the Implementation of Rice Farming Insurance (AUTP) as a Form of Legal Protection of Farmers’ Rights
Rr. Yunita Puspandari, Adi Sulistiyono, Mulyanto Mulyanto
The agricultural sector is inseparable from natural risks and therefore always faces uncertainty. Indonesia has issued regulations on rice farming insurance (AUTP) with premium subsidies from the government. This program already exists in several countries, but programs in other countries are more innovative...