Reassessing Sovereignty and Sustainability in Nickel Downstreaming: An Economic Analysis of Indonesia’s Legal Framework

Indonesia possesses the world’s largest nickel reserves, positioning the commodity as a key strategic natural resource—often classified as a critical mineral. Based on Article 33 of the 1945 Constitution, the governance of natural resources, including nickel, must be carried out fairly and sustainably to benefit the people\u27s welfare. The policy of nickel downstreaming, particularly through the development of smelter industries, represents one expression of state sovereignty over natural wealth. Nonetheless, the execution of this policy presents several challenges, including environmental degradation, unequal distribution of economic gains, and reliance on non-renewable, polluting energy sources like coal. This study adopts an economic analysis of law framework to evaluate the efficiency and effectiveness of Indonesia’s nickel downstreaming regulations. Using a normative juridical method with statutory and conceptual approaches, the research finds that although current regulations formally demonstrate state sovereignty, they fall short in upholding the constitutional principles of sustainability and social justice. The policy has, in practice, led to environmental harm and socio-economic disparities among impacted communities. From an economic analysis of law perspective, the downstreaming strategy has yet to achieve optimal economic efficiency, fair benefit distribution, and proper handling of negative externalities. As such, regulatory reform is essential to ensure legal certainty, promote environmental preservation, and reinforce social welfare through mining downstream policies, including those related to nickel

Implementation of Framework Kami Index 5 And Iso/Iec 27002:2022 to Increase the Value of the Kupang City Government Spbe Management Domain

This study analyzes the implementation of the Electronic-Based Government System (SPBE) in the Kupang City Government, focusing on the management domain using the ISO/IEC 27002:2022 framework and the Information Security Index (KAMI) 5. This study uses a mixed approach involving observation, questionnaires, and interviews. Qualitative data were analyzed using thematic analysis, while quantitative data from the KAMI Index were evaluated descriptively to measure the maturity level of SPBE. The results of the study show that the maturity level of SPBE in Kupang City is still at the initial level, namely I to I+. The main obstacles identified include limited IT infrastructure, low awareness of information security, and lack of human resource competence. To overcome these challenges, this study prepares recommendations for the development of SPBE which includes strengthening governance, improving information technology infrastructure, and developing human resource capacity according to local challenges faced by the Kupang City Government. The research also develops a framework and roadmap tailored to local needs, including technology-based policies, risk management through cloud-based systems, and data integration to support the efficiency of public services. The implementation of this recommendation is expected to increase the maturity level of SPBE in Kupang City, strengthen the efficiency of public services, and build public trust in the e-government syste

Phishing and Personal Data Protection: A Review of Cyber Law in the Digital Age

The development of digital technology has brought significant advancements but has also increased the risk of cybercrime, one of which is phishing. Phishing is a form of cybercrime aimed at stealing personal data by deceiving victims into providing sensitive information, such as passwords, credit card numbers, or other identity data. This crime poses a serious threat to information security and individual privacy, especially in digital transactions. This study aims to analyze phishing modus operandi, evaluate legal regulations governing personal data protection, and assess the effectiveness of legal protection for phishing victims in Indonesia. The research method used is normative juridical with a statutory approach. This study finds that phishing is a serious threat to individual and organizational security in Indonesia, with modus operandi involving fake messages, impersonation of trusted institutions, and counterfeit websites to steal personal information. Cyber law regulations, including the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law (UU PDP), have established provisions for personal data protection and sanctions for phishing perpetrators. However, implementation faces challenges. Weak law enforcement, lack of investigative expertise, low digital literacy among the public, and limited infrastructure and human resources are the main obstacles in addressing this crime. Additionally, rapid technological advancements create new security vulnerabilities that existing regulations have not fully anticipatedThe development of digital technology has brought significant advancements but has also increased the risk of cybercrime, one of which is phishing. Phishing is a form of cybercrime aimed at stealing personal data by deceiving victims into providing sensitive information, such as passwords, credit card numbers, or other identity data. This crime poses a serious threat to information security and individual privacy, especially in digital transactions. This study aims to analyze phishing modus operandi, evaluate legal regulations governing personal data protection, and assess the effectiveness of legal protection for phishing victims in Indonesia. The research method used is normative juridical with a statutory approach. This study finds that phishing is a serious threat to individual and organizational security in Indonesia, with modus operandi involving fake messages, impersonation of trusted institutions, and counterfeit websites to steal personal information. Cyber law regulations, including the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law (UU PDP), have established provisions for personal data protection and sanctions for phishing perpetrators. However, implementation faces challenges. Weak law enforcement, lack of investigative expertise, low digital literacy among the public, and limited infrastructure and human resources are the main obstacles in addressing this crime. Additionally, rapid technological advancements create new security vulnerabilities that existing regulations have not fully anticipate

Review of Ratio Decidendi, the Public Prosecutor\u27s Demands in Ultra Petita Against Criminal Law Enforcement in Indonesia

Ratio Decidendi Hakim in deciding cases that are Ultra Petita in criminal law enforcement in Indonesia. Ultra Petita is a judge\u27s decision that decides outside of the Public Prosecutor\u27s indictment, while the background for writing this thesis is Ultra Petita\u27s decision  which is contrary to Article 182 Paragraph (4) of the Criminal Procedure Code which states that the Judge\u27s deliberations in his decision must be based on the indictment and everything that has been proven in the trial and in the rules of Article 183 of the Criminal Procedure Code states that the Judge in deciding the case is based on the above at least 2 (two) pieces of evidence and conviction, The problem used in this study is what  is the ratio of decidendi to the judge\u27s ultra petita verdict  in criminal cases in Indonesia? And what are the implications of the existence of the judge\u27s ultra petita verdict  in criminal law enforcement in Indonesia? The method used in this thesis is normative-empirical. Normative-Empirical Law Research (applied law research), which is a research that uses normative-empirical legal case studies in the form of legal behavior products, namely a combination of research on legal principles. Research on legal systematics. Research on the level of legal synchronization. Legal history research. Comparative legal research.  Meanwhile, Sociological or Empirical Law Research, which consists of: Research on legal identification. Research on legal effectiveness The results of the research The ultra petita  verdict is a decision issued by a panel of judges in a case outside the indictment of the Public Prosecutor, because it is known that the indictment was prepared incarefully so that it could not be proven in court. There are several examples of ultra petita  decisions within the framework of criminal law enforcement in Indonesia. Among them are: Decision Number: 17/Pid.Sus/TPK/2014/PN. JKT. PST related to corruption cases, Decision Number: 55/Pid.Sus/2019/Sit related to narcotics possession cases, Decision Number: 240/Pid.Sus/2021/PN. TNG related to the Narcotics case, Decision Number: 537/Pid/B/2007/PN.Jkt The team is related to the murder case, Decision Number: 314/Pid.Sus/2015/PN. Rap is related to the Narcotics case, and Decision Number: 407/Pid.Sus/2015/PN. SBY is related to a narcotics case. The six decisions are ultra petita because of the inaccuracy of the Public Prosecutor in compiling the indictment, so that in order to give a verdict to the defendant who has actually committed a criminal act, in this case the panel of judges uses other similar articles so as not to do the same. Therefore, in the perspective  of the ratio decidendi theory, judges\u27 decisions must be able to present alternatives that can be an option in efforts to enforce justice

Organizational Communication Dynamics within the Indonesian Pediatric Society: An Analysis of Internal and External Relations in Strengthening Professionalism and Health Advocacy

This study analyzes the internal and external communication dynamics within the Indonesian Pediatric Society (IDAI), a professional medical organization that plays a strategic role in enhancing pediatricians\u27 professionalism and advocating for child health in Indonesia. Adopting a qualitative approach through a case study method, the research collected data via in-depth interviews with IDAI executives, pediatric specialists, and a review of relevant documents. Findings indicate that internal communication within IDAI serves a crucial function in program coordination, member engagement, and the dissemination of policy information and medical education. Meanwhile, external communication with government bodies, the media, and the public contributes to strengthening child health advocacy and countering misinformation. Despite IDAI\u27s efforts to optimize digital technology in both internal and external communication, challenges remain—particularly in building organizational cohesion and ensuring effective public outreach. This study underscores the importance of adaptive and participatory communication strategies to enhance the effectiveness of professional medical organizations. The findings offer valuable insights into the development of more responsive and strategic organizational communication within the health sector

A, The Role Of Notaries In Facilitating The Creation Of Partij Deeds For Individual Financing In Accordance With Fairness And Reasonableness: The Role Of Notaries In Facilitating The Creation Of Partij Deeds For Individual Financing In Accordance With Fairness And Reasonableness

This study aims to explore the role of notaries in ensuring legal certainty and promoting fairness and transparency in consumer financing. Using a qualitative approach and analyzing several consumer financing cases, the study finds that notaries play a critical role in ensuring the validity and legal protection of the agreements made. The main challenge lies in balancing the interests of creditors and debtors while ensuring that all relevant information about the agreements is disclosed transparently. Regulations such as Law No. 30 of 2004 on the Notary Position and Law No. 2 of 2014 on Amendments to Law No. 30 of 2004 on the Notary Position provide the legal framework for notaries\u27 authority and responsibilities in consumer financing, although there is still a gap in regulations specifically addressing the notary\u27s role in such transactions. This study recommends updating regulations and enhancing notary professionalism to better address these challenges. While the role of notaries is crucial, significant challenges in maintaining fairness and transparency still need to be addressed for consumer financing to be carried out equitably and transparently. Keywords: Notary; Legal Security; Consumer Financing  Penelitian ini bertujuan untuk mengeksplorasi peran notaris dalam menjaga kepastian hukum serta memastikan adanya keadilan dan keterbukaan dalam pembiayaan perorangan. Dengan menggunakan pendekatan kualitatif dan menganalisis beberapa kasus pembiayaan perorangan, penelitian ini menemukan bahwa notaris memegang peranan penting dalam memastikan keabsahan dan perlindungan hukum atas perjanjian yang dibuat. Tantangan utama yang dihadapi adalah bagaimana menjaga keseimbangan antara kepentingan kreditur dan debitur serta memastikan bahwa seluruh informasi terkait perjanjian disampaikan secara jelas dan transparan. Undang-Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris dan Undang-Undang Nomor 2 Tahun 2014 memberikan dasar hukum terkait kewenangan dan tanggung jawab notaris dalam pembiayaan perorangan, meskipun masih terdapat kekosongan dalam regulasi yang secara spesifik mengatur peran notaris dalam transaksi tersebut. Penelitian ini merekomendasikan perlunya pembaruan regulasi dan peningkatan kapasitas profesional notaris untuk menghadapi tantangan ini. Peran notaris sangat krusial, tantangan besar dalam menjaga keadilan dan keterbukaan masih perlu diperbaiki agar proses pembiayaan perorangan berjalan secara adil dan transparan. Kata Kunci: Notaris; Keamanan Hukum; Pembiayaan Peroranga

Negotiating Tradition: The Role of the Uma in the Kinship Structure of the Mentawai People in Pasakiat Taileleu

This research aims to analyze the existence of uma in the community kinship system in Taileleu, describe the taileleu community\u27s response to the existence of uma in culture for daily life, identify the effo rts of the younger generation to preserve uma in Mentawai culture. The method used in this research is qualitative. Informants in this study amounted to 20 people who were selected by porposive sampling. Data collection techniques are observation, interview and documentation study. The data validity test uses the source triangulation method. The results showed that the existence of uma in the kinship of the taileleu community can be seen from the spiritual function that each side of the uma has a spirit, 1. Orat, 2. bakkat katcaila, 3. Ngong, 4. Abu, 5. Baibajat, 6. Salipak, 7. Tuddukat.  Social function 1. To gather in planning a traditional party, 2. As a place to live for some family members, especially the rimata or elders, 3. As a means of traditional parties. Uma as a place to store food such as taro, bananas, sago, and the results of hunted pigs and the results of traditional parties that are salted. In the taileleu community\u27s response to the existence of uma in Mentawai culture for daily life, 1. Uma is still needed, 2. Uma needs to be preserved, 3. Local government attention is needed in preserving uma. Efforts to involve the younger generation to preserve uma in Mentawai culture, 1. Participate in repairing uma that have been deer

Criminal Procedure Law Reform on Non-Imposing of Penalty in Judicial Decisions Following the Enactment of Law Number 1 of 2023 on the Indonesian Criminal Code

The reform of criminal law under Law Number 1 of 2023 on the Indonesian Penal Code (KUHP) as the new material criminal law introduces the concept of Judicial Pardon or Rechterlijk Pardon. This reform allows for the possibility of a guilty verdict without the imposition of a criminal sentence in the Indonesian Penal Code. The central issues addressed in this study are: (1) What are the aims and conceptual foundations of Judicial Pardon or Rechterlijk Pardon? and (2) How is the concept regulated under Law Number 1 of 2023 on the Penal Code, Law Number 8 of 1981 on the Criminal Procedure Code (KUHAP), and the 2012 Draft Criminal Procedure Code (RKUHAP)? This study employs a normative juridical method, using both the statute approach and the comparative approach. The research is based on secondary data, gathered through library research, and analyzed qualitatively. The criminal law reform through Law Number 1 of 2023 introduces Judicial Pardon or Rechterlijk Pardon as an alternative consideration for judges, allowing them to refrain from imposing a sentence while still upholding the principles of justice and humanity. However, this reform in the concept has yet to be accommodated within Indonesia’s formal criminal law, as reflected in the Criminal Procedure Code of 1981 and the 2012 Draft Criminal Procedure Code. These codes currently do not recognize Judicial Pardon as a valid form of judgment—that is, a decision wherein a defendant is proven guilty beyond reasonable doubt but is not punished due to judicial clemency. Therefore, harmonization and adjustment are needed to ensure consistency in the application of Judicial Pardon or Rechterlijk Pardon within both material and formal criminal law systems, contributing to a more coherent and unified criminal justice system in Indonesia

The Importance of Mediators\u27 Recommendations After the Failure of Fair Industrial Relations Dispute Mediation, in Realizing the Resolution of Industrial Relations Disputes Quickly, Precisely, Fairly and Cheaply

This study discusses the importance of mediator recommendations after the failure of fair industrial relations dispute mediation, in realizing a quick, appropriate, fair and inexpensive resolution. Mediation of industrial relations disputes led by an industrial relations mediator is one of the alternative options for resolving industrial relations disputes after the failure of bipartite negotiations, which is regulated in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. However, in practice, the recommendations of industrial relations mediators are not always effective and are often ignored by the disputing parties. This has raised debate regarding the role and effectiveness of mediators in encouraging settlement through non-litigation channels before going to the Industrial Relations Court. This study uses a juridical-normative approach by analyzing laws and regulations related to mediation and settlement of industrial relations disputes. In addition, this study also explores the written recommendations of mediators in carrying out their functions, as well as the responses of the parties involved in the dispute to the written recommendations provided by the industrial relations mediator. The results of the study show that although the mediator\u27s recommendations are non-binding, the mediator\u27s role remains important in the initial resolution process. It is necessary to strengthen regulations and the role of mediators to increase compliance of the disputing parties, in order to reduce the burden of cases in industrial relations courts and encourage fast, appropriate, fair and inexpensive conflict resolution.Penelitian ini membahas tentang pentingnya rekomendasi mediator pasca kegagalan mediasi perselisihan hubungan industrial yang adil, dalam mewujudkan penyelesaian yang cepat, tepat, adil dan murah. Mediasi perselisihan hubungan industrial yang dipimpin oleh mediator hubungan industrial merupakan salah satu alternatif penyelesaian perselisihan hubungan industrial pasca kegagalan perundingan bipartit, yang diatur dalam Undang-Undang Nomor 2 Tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial. Namun dalam praktiknya, rekomendasi mediator hubungan industrial tidak selalu efektif dan sering diabaikan oleh para pihak yang bersengketa. Hal ini menimbulkan perdebatan mengenai peran dan efektivitas mediator dalam mendorong penyelesaian melalui jalur non-litigasi sebelum ke Pengadilan Hubungan Industrial. Penelitian ini menggunakan pendekatan yuridis-normatif dengan menganalisis peraturan perundang-undangan yang terkait dengan mediasi dan penyelesaian perselisihan hubungan industrial. Selain itu, penelitian ini juga mengkaji rekomendasi tertulis mediator dalam menjalankan fungsinya, serta tanggapan para pihak yang bersengketa terhadap rekomendasi tertulis yang diberikan mediator hubungan industrial. Hasil penelitian menunjukkan bahwa meskipun rekomendasi mediator tidak mengikat, peran mediator tetap penting dalam proses penyelesaian awal. Perlu dilakukan penguatan regulasi dan peran mediator untuk meningkatkan kepatuhan para pihak yang bersengketa, guna mengurangi beban perkara di pengadilan hubungan industrial dan mendorong penyelesaian sengketa secara cepat, tepat, adil, dan murah

Review of the Effectiveness of Article 76 C of Law Number 35 of 2014 concerning Child Protection in the Prevention and Eradication of Bullying in Indonesia

Bullying is a negative action that is carried out repeatedly by a stronger or powerful individual against a weaker individual. Article 76C of Law Number 35 of 2014 concerning Child Protection prohibits everyone from placed, allowing, doing, ordering to do, or participating in violence against children. This provision aims to provide comprehensive protection for children from various forms of violence, including bullying. Although normatively Article 76C has regulated the prohibition of violence against children, implementation in preventing and eradicating bullying in Indonesia still faces various challenges. This study uses a normative juridical law research method that focuses on the study of applicable legal norms and their application in practice in society. These findings highlight the effectiveness of article 76C of law number 35 of 2014 concerning child protection in the prevention and eradication of bullying in Indonesia and how the ideal legal concept is in order to reduce bullying in Indonesia