Legal Uncertainty and Structural Injustice of Platform Workers: Reasserting the State’s Responsibility in Legal Protection

The development of the platform economy in Indonesia has significantly transformed employment patterns, yet this transformation has not been companied by an adequate legal framework, resulting in legal uncertainty and structural injustice. This study aims to examine the structural roots of such uncertainty, analyse the problems in the relationship between platform companies and workers, and reaffirm the state’s responsibility to ensure legal certainty. Adopting an empirical juridical method with doctrinal and non-doctrinal approaches, the study finds that legal uncertainty is driven by multidimensional factors. These include the failure to internalise justice principles in the protection of platform workers, regulatory framework that remain ad hoc, sectoral, and frequently changing, a political configuration influenced by market logic and capitalism, and a gap between the evolving practices of platform work and the existing legal framework. These conditions create ambiguity in worker status and reinforce structural injustice in employment relations. In this context, the state is required to perform a corrective function to address structural inequality by recognising worker status, providing protection that ensures legal certainty and effectiveness, and regulating the distribution of economic risks and benefits in a fair and proportional manner. This study proposes a conceptual framework based on three pillars—recognition, protection, and redistribution—as a foundation for adaptive and progressive legal reform, while also contributing theoretically and practically to the development of labour law in the digital era

The Implementation of Restorative Justice for Juvenile Crimes Oriented Toward the Best Interests of the Child

Law enforcement treats children in conflict with the law as “small adults” who commit criminal acts. The handling of children as perpetrators of crimes punishable by imprisonment of 7 years or more frequently neglects the best interests of the child. This study examines whether the concept of Restorative Justice can complement the resolution of cases involving children in conflict with the law, particularly those facing a sentence of 7 years or more. This study uses a normative juridical research method. The research findings suggest that Restorative Justice can complement the resolution of cases involving children in conflict with the law, particularly those facing sentences of 7 years or more, as it fundamentally upholds children’s rights. Moreover, Restorative Justice can be applied to such cases through existing diversion mechanism, which shifts the legal process from criminal proceedings to non-criminal alternatives. This approach involves mediation and negotiation between the perpetrator, the victim, their families, the community, and law enforcement to identify the best solution for addressing the issues faced by children as criminal offenders

Society, Technology, and Child Protection: Synergy in Monitoring Former Perpetrators of Sexual Offenses

Children are important national asset who require special protection from all forms of violence, including sexual crimes. Although Indonesia has established legal framework at both national and international levels, sexual violence against children remains a persistent problem. The imposition of severe criminal sanctions, including chemical castration, has not sufficiently addressed the problem and produced an optimal deterrent effect. Consequently, child protection continues to face various challenges, particularly in relation to post-sentencing supervision of offenders, low public awareness, and limited access to victim assistance services. The research questions of this study are: how effective is the legal protection for child victims of sexual violence, and what constitutes an effective supervisory model for offenders after serving their sentences in order to prevent recidivism? This study employs legal research with a socio-legal approach, combining normative juridical analysis with perspectives from information technology and social sciences. The findings indicate the need to strengthen post-sentencing supervision through the development of a Three-Pillar Supervision Model that integrates legal, technological, and societal dimensions. This model includes the optimization of technologies such as GPS tracking and public databases, the strengthening of regulatory frameworks, and the societal involvement in early detection mechanisms. The implementation of this model is expected to reduce the risk of recidivism and strengthen sustainable protection for children. Accordingly, reform of the child protection system must be carried out in a collaborative, preventive, and sustainable manner to ensure justice and security for future generations

Legal Protection of Indonesia’s Fisheries from Foreign Investment: A Social-State Approach

The fisheries sector is at the criticality of Indonesia’s maritime sovereignty, economic resilience and coastal communities’ livelihood security. Simultaneously, the increase in foreign investments on marine and fisheries activities has aroused big apprehensions over resource depletion, inequality in profit sharing as well as diminishing power of small-scale fishers. This is further complicated by Indonesia’s overlapping legal regimes, particularly the Fisheries Law and the Investment Law, as well as international ones such as UNCLOS. This study focuses on the legal protection in Indonesia regarding the fisheries sector affected by foreign investment, to see from normative and scientific perspectives. It also aims to offer directions for how regulatory reform can be shaped through a social-state perspective. The study with semi-structure qualitative descriptive method use Systematic Literature Review (SLR) followed by bibliometric analysis using VOSviewer and PRISMA mapping. Initially, 128 articles published from 2021 to 2025 underwent a screening process by following the Global PRISMA model as per meta-analysis standards; finally, 20 articles met the final inclusion criteria. Results indicate that ongoing discourses are still mostly governed by technocratic and punitive law-making processes. Thus, little attention is paid to the legal re-establishment in accordance with principles of distributive justice, ecological sustainability and effective involvement of the community. Regulatory gaps arise from unclear legal protection for small-scale fishers, and poor integration of the fisheries policy within the broader across marine governance framework. These gaps have resulted in fragmented protection and unequal benefit sharing from fish resources of Indonesia. This research advocates for a state–based regulatory model which empowers the state to act more strongly as both protector and distributor of maritime goods. This framework should be centered on issues of ecological justice, rigorous control over foreign investment, and an increased role for coastal communities in governance of fisheries. The research effort aids the creation of equitable, participatory, and sustainable legal policies for marine and fisheries in Indonesia

Criminal Liability and the Non Punishment Principle for Trafficking Victims in Indonesia

 The non-punishment principle for trafficking victims is recognized in Article 18 of Law Number 21 of 2007 on the Eradication of the Crime of Trafficking in Persons, which stipulates that victims who commit criminal acts as a result of coercion by traffickers shall not be subject to punishment. However, this provision does not clearly define the doctrinal parameters of coercion, nor does it explain how criminal liability should be assessed when an unlawful act is committed within conditions of exploitation, dependence, intimidation, or constrained autonomy. This article examines the relationship between criminal liability and the non-punishment principle for trafficking victims in Indonesia. It employs normative legal research by analyzing statutory regulations, criminal law doctrine, international instruments, and relevant scholarly literature. The study finds that the non-punishment principle should not be understood merely as a procedural exemption from punishment, but rather as a doctrinal mechanism for excluding culpability where the victim’s conduct is directly connected to trafficking-related coercion. It further argues that Indonesian law requires a more clearly articulated framework for assessing coercion, including the causal relationship between trafficking and the offense, the degree of the victim’s constrained autonomy, and the evidentiary burden borne by victims. The contribution of this article lies in proposing a more precise doctrinal approach to distinguishing punishable conduct from victimization-driven conduct in trafficking cases, thereby ensuring that Article 18 functions as an effective instrument of victim protection rather than a formal guarantee that remains difficult to implement in practice

Isomorfisme dan Peran Kepolisian Masyarakat di Indonesia dan Selandia Baru

Community policing has become a strategic approach adopted in many countries to enhance public trust in the police and to create safer and orderly neighborhoods. It emphasizes active partnership between the police and the public in detecting, preventing, and tackling crime collaboratively. Indonesia and New Zealand have both implemented community policing systems with characteristics that reflect institutional isomorphism. This study examines isomorphism in community policing in the two countries and explore the development of community policing practices through a literature case study. Data were obtained through digital research, interviews, observations, and documentation, which were analyzed using textual and social network analysis methods. The findings reveal significant similarities between policing systems of the two countries’, including the existence of a single national police force that respects the principle of independence and the adoption of community policing models. Nevertheless, differences remain, mainly due to each country’s distinct social, cultural, and historical contexts. These variations influence the implementation patterns of community policing, although both countries share similar core objectives, namely, improving security and building public trust. Thus, the findings suggest that isomorphism in policing provides opportunities for sharing best practices across countries, enabling international collaboration and mutual learning to improve the effectiveness of community policing strategies.Polisi komunitas telah menjadi pendekatan strategis yang diadopsi di banyak negara untuk meningkatkan kepercayaan publik terhadap polisi dan menciptakan lingkungan yang aman dan tertib. Pendekatan ini menekankan kemitraan aktif antara polisi dan masyarakat dalam mendeteksi, mencegah, dan menangani kejahatan secara bersama-sama. Indonesia dan Selandia Baru keduanya telah menerapkan sistem polisi komunitas dengan karakteristik yang mencerminkan isomorfisme institusional. Penelitian ini bertujuan untuk mempelajari isomorfisme dalam polisi komunitas di kedua negara dan mengeksplorasi perkembangan praktik polisi komunitas melalui studi kasus literatur. Data diperoleh melalui penelitian digital, wawancara, observasi, dan dokumentasi, yang dianalisis menggunakan metode analisis teks dan analisis jaringan sosial. Hasil penelitian menunjukkan adanya kesamaan yang signifikan dalam sistem kepolisian kedua negara, termasuk keberadaan satu kekuatan kepolisian nasional yang menghormati prinsip kemandirian dan penerapan model kepolisian berbasis komunitas. Meskipun demikian, perbedaan tetap ada, terutama disebabkan oleh pengaruh perbedaan sosial, budaya, dan sejarah masing-masing negara. Perbedaan-perbedaan ini memengaruhi pola implementasi kepolisian berbasis komunitas, meskipun tujuan utama kedua negara tetap serupa, yaitu meningkatkan keamanan dan membangun kepercayaan masyarakat. Oleh karena itu, temuan ini memiliki implikasi bahwa isomorfisme dalam kepolisian mencerminkan peluang untuk berbagi praktik terbaik antar negara, sehingga kolaborasi dan pembelajaran antar negara dapat meningkatkan efektivitas strategi kepolisian berbasis komunitas

Diversion Process as a Transformative Reform of the Criminal Justice System for Children in Conflict with the Law

This article examines the important of applying restorative justice principles in Indonesia’s juvenile justice system. The principle of child protection emphasises processes that are free from violence on safeguarding children’s rights, welfare, development, and overall well-being, including cases involving children in criminal acts. However, the current implementations of diversion and restorative justice often remains limited in its ability to address the underlying systemic and structural issues that lead to juvenile delinquency. These limitations underscore the need for a shift toward transformative justice, which seeks not merely to resolve individual conflicts, but also to confront and remedy their underlying causes. In this context, this article adopts a conceptual approach grounded in doctrinal legal research. The analysis employs systematic and teleological of interpretation to examine the legal norms within the juvenile justice framework. This research uses a normative juridical research design, with data collected through a literature review and analysed qualitatively. The findings of the study show that transformative justice in handling children’s cases in Indonesia calls for legal reform through the expansion of the restorative justice approach under the SPPA Law. Transformative justice offers an alternative framework that move beyond a narrow focus on legal sanctions by also considering the child’s personal circumstances, including social background and family conditions. As such, this concept supports a more holistic approach to child development and provides a more comprehensive framework for handling cases involving children.Artikel ini menjelaskan pentingnya penerapan prinsip-prinsip keadilan restoratif dalam sistem peradilan anak di Indonesia. Prinsip perlindungan anak menekankan kegiatan yang bebas dari kekerasan, dengan fokus pada kepentingan dan hak anak untuk mendapatkan perlindungan bagi kehidupan, kesejahteraan, dan perkembangannya, termasuk bagi anak yang terlibat dalam tindak pidana. Dalam konteks ini, artikel ini mengadopsi pendekatan konseptual yang bersumber dari penelitian hukum doktrinal. Pendekatan penelitian ini dirancang menggunakan jenis penelitian yuridis normatif. Data dikumpulkan melalui tinjauan pustaka. Data yang diperoleh kemudian dianalisis menggunakan pendekatan kualitatif. Temuan penelitian menunjukkan bahwa keadilan transformatif dalam penanganan perkara anak di Indonesia berupaya memperbarui hukum dengan memperluas pendekatan keadilan restoratif dalam UU SPPA. Keadilan transformatif menawarkan alternatif baru dalam sistem peradilan anak yang tidak hanya berkutat pada berat ringannya hukum tetapi juga mempertimbangkan faktor-faktor pribadi anak, termasuk latar belakang sosial dan keadaan keluarga. Konsep ini memiliki implikasi yang menunjukkan bahwa keadilan transformasional mendukung perkembangan anak yang lebih komprehensif dan berfungsi sebagai pendekatan yang lebih komprehensif dalam penanganan perkara yang melibatkan anak

Legal Justice in Aceh’s Gala Agreement for Local Economic Empowerment

The gala concept is a traditional agreement practiced by the Acehnese community to support economic empowerment based on local wisdom. Despite its continued use, limited research has examined the gala agreement in relation to Aceh’s special autonomy under Act No. 11 of 2006 concerning the Government of Aceh and its compatibility with Islamic economic principles. This study aims to analyze the form and implementation of the gala agreement within the framework of Islamic economics as a socio-economic practice that continues to operate in Acehnese society. This research adopts a socio-legal approach by drawing on both primary and secondary data. The analysis is carried out normatively to evaluate the consistency of gala practices with the principles of contract law, and sociologically to examine the evolving notions of justice within society. The results indicate that the implementation of economic empowerment through the gala model reflects the philosophical principles of Islamic economics, particularly mutual assistance (ta‘āwun) and social solidarity. However, in practice, the gala system still contains elements resembling interest due to the use of collateral and certain benefit arrangements by the gala provider, which creates inconsistencies with Shariah economic principles. Nevertheless, gala practices embody important social values such as justice, welfare, equality, trust, and religiosity within Acehnese society, while community leaders play a crucial role in maintaining their legitimacy. The novelty of this study lies in its reinterpretation of the gala agreement as a community-based financial model that integrates local wisdom, Islamic economic values, and Aceh’s special autonomy framework, while proposing its conceptual development toward a more structured and Shariah-compliant contract system

Reconfiguring Indonesia’s Labor Law Framework to Address Protection Gaps in the Gig Economy Era Following the Constitutional Court’s Decision

The Indonesian labor market is shifting toward greater flexibility, driven by a surge in layoffs in the post-Covid-19 period (2020-2024), limited employment opportunities in the manufacturing sector, the demographic bonus, and the rapid expansion of platform-based industries and digital commerce. This shift has contributed to the rise of the gig economy, which has yet to provide adequate job security and decent working conditions. This paper examines the growing employment uncertainty within the gig economy and discusses how the government can respond through fairer and more responsive regulations to support a decent standard of living and sustainable worker welfare. This study employs a normative legal research method with legislative and conceptual approaches, relying on secondary data in the form of primary materials and scholarly literature from reputable academic sources. The findings indicate the need to revise labor laws, as mandated by Constitutional Court Decision No. 168/PUU-XXI/2023, which calls for the prompt enactment of a new Labor Law capable of providing holistic protection. Lessons from several developed countries highlight the need for regulatory synchronization both vertically, between laws and their implementing regulations, and horizontally, between the Manpower Law and other related policies. Labor regulations should cover both formal and informal workers through a work-life balance approach for all, with the aim of promoting fairness, welfare, and sustainable decent work. Thus, the framework of labour protection needs to be recalibrated to include gig workers

Indonesia’s Agrarian Governance Through IUS Integrum Nusantara 2045 Paradigm Based on The Quadruple Helix Model

Agrarian governance reform in Indonesia continues to confront persistent structural conflicts stemming from unequal land ownership, regulatory fragmentation, weak legal certainty, and the marginalization of indigenous peoples’ rights. In practice, the implementation of the Basic Agrarian Law (UUPA) and its derivative regulations remains fraught with significant challenges. Among these, overlapping land claims constitute one of the most prominent and recurring sources of dispute in the land sector, hampering infrastructure development and undermining efforts to achieve equitable economic distribution across Indonesia. In addition, the shift in social orientation from communal value toward more individualistic land relations, the persistence of unclear land ownership status, and unequal distribution of land continue to exacerbate agrarian problems. Against this backdrop, this article analyses the concept of digital transformation in land administration through the Quadruple Helix model as a framework for fostering more inclusive national agrarian governance, particularly to address existing land conflicts. This research employs a juridical-normative method, integrating legal and conceptual approaches to examine agrarian governance reform in Indonesia. The analysis draws on primary legal materials, including laws and court decisions, as well as secondary sources such as academic articles and institutional reports, all of which were collected through desk-based research and systematic document analysis. This study applies qualitative analysis and normative legal reasoning to interpret legal norms and policy developments. Its analytical framework consists of three interrelated stages: problem mapping, diagnostic evaluation, and normative reconstruction. To ensure validity and rigor, triangulation of sources and methodologies is employed, aiming to formulate an integrative and adaptive agrarian governance model. The findings demonstrate that digital transformation in land administration hold strategic potential to reduce structural agrarian conflict through land data integration and increased transparency, accountability, and public engagement. However, the success of digitalization in minimizing agrarian conflict requires the integration of technological innovation, institutional reform, and inclusive community engagement. In this context, the Quadruple Helix model, encompassing government, academia, industry, and the community, proves to be a useful framework for aligning the interests of various actors and combining formal and local knowledge in agrarian governance. The Ius Integrum Nusantara 2045 paradigm offers a futuristic normative framework that positions agrarian law not merely as a regulatory instrument but as a means of justice, public morality, and the protection of socio-ecological values. The integration of this paradigm with the Quadruple Helix Model thus enables a form of agrarian law reform that is both adaptive to digital technology and responsive to legal pluralism and local wisdom