Optimizing Civil Construction Litigation In Indonesia: A Comprehensive Framework For Efficiency, Expertise, And Equity In Dispute Resolution

Delays, excessive expenses, and a decline in public confidence come from the specialized nature of civil construction litigation in Indonesia. Several efforts have been made to improve civil construction litigation in Indonesia, such as introducing procedural reforms to expedite case processing times, increasing access to mediation and alternative dispute resolution (ADR), and the occasional involvement of technical experts to assist judges in understanding complex construction issues.    Unresolved problems continue despite current attempts; a complete system redesign is required. This paper attempts to fill such knowledge gaps and provide fresh approaches to civil construction litigation in Indonesia. This study provides a comprehensive strategy to improve litigation effectiveness, efficiency, and professionalism by incorporating worldwide best practices and offering practical solutions. The research takes a methodical look at effective models in the UK, Germany, France, and Japan. It identifies critical issues in the Indonesian setting and develops specialized procedural tools like "Case Management Information Tables" and "Case Management Plan Tables." A long-term vision for the legal framework is also discussed, along with strategic approaches to expert evidence, creating a qualification and assessment system, the participation of active-standing technical advisors, and more. The study produces a versatile and all-encompassing structure for civil construction litigation in Indonesia. The research fills a need in the literature by providing valuable resources and fresh ideas for improving efficiency in legal procedures, bolstering the credibility of expert testimony, establishing stringent qualifying criteria, and encouraging long-term flexibility. The public\u27s faith and confidence in the Indonesian legal system are bolstered due to these contributions, which increase the process\u27s efficiency and justice

Prospect, Legal, and Health Risks in Adopting The Metaverse in Medical Practice: a Case Study of Nigeria

The Metaverse provides a prospective opportunity for medical practitioners to improve patient engagement, training of medical personnel, and simulation-based learning. It allows for immersive telemedicine medical practice, enabling medical practitioners to render medical services to patients in remote areas through realistic virtual consultation and training of medical personnel and students through a lifelike simulation. However, despite the potential of the Metaverse concept in medical practice, certain legal and medical issues could mitigate its usefulness. In this regard, this study adopts a hybrid method of research in ascertaining the prospect, legal, and health risks of utilizing the metaverse in medical practice. 256 questionnaires were distributed, and the result obtained was analysed using descriptive and analytical methods. The study found that there are several potentials for utilizing the metaverse in medical practice. However, there are legal and medical risks in utlising the metaverse in medical practice and they include; patient data privacy, regulation, licensing, patient consenting to virtual medical treatment, and accountability for medical errors in the metaverse. Furthermore, the study also found that spending longer hours in the metaverse could result in sedentary behavior, associated with medical issues like obesity, musculoskeletal disorders, and cardiovascular problems. It was therefore concluded and recommended that the metaverse holds significant promise for the future of medical practice in Nigeria, offering innovative solutions that can transform healthcare delivery and education. However, to avoid legal and medical issues that may occur, there is a need for regulatory compliance with healthcare regulations

Strengthening Independence: Constitutional Interests As A Paradigm For Judicial Review In Indonesia

The existence of a constitutional injury requirement since Constitutional Court Decision Number 006/PUU-III/2005 was strengthened by Constitutional Court Regulation Number 2 of 2021. In fact, 34 cases in the last 3 years have been ruled inadmissible due to the issue of not fulfilling the requirements of constitutional injury. Some of them are about the New Criminal Code and the Law on Villages, which are considered urgent to be tested but are hampered by the fulfillment of the constitutional injury requirement. This research will prove that the constitutional injury requirement has distorted the independence of the Indonesian Constitutional Court. On the other hand, constitutional interests is a paradigm for restoring the independence, analyst and comparison have provided answers to the issues raised. The results of normative legal research with literature study show two important things. First, the requirement of constitutional injury undermines independence, so it must be eliminated and accompanied by a supporting paradigm that allows it to be eliminated. Second, applying the paradigm of constitutional interests as a condition for fulfilling legal standing. Systematically, constitutional interests are a manifestation of the independence of the Indonesian Constitutional Court by removing obstacles for the public to achieve access to justice

Criminalizing Non-Compliance with Civil Execution Orders: A Strategy for Enhancing Legal Certainty and Business Efficiency

People seeking justice through civil justice often complain about legal uncertainty in terms of execution, because the execution procedure for civil cases does not have definite time period, especially when the Defendant takes other legal remedies such as opposition lawsuits and civil lawsuits, the execution process is also postponed. Moreover, when the losing party uses resistance methods in the execution time, the execution is also postponed. Therefore, this research aims to obtain the value of legal certainty regarding the implementation of the execution, because the losing party or related third parties can pursue a lawsuit against the execution which can prevent the execution. The target of this research is to create a policy model for resolving legal issues related to execution in order to create a sense of legal certainty and justice for the plaintiff (the winning party). The method used is normative juridical with a conceptual approach, statutory approach, comparative approach and philosophical approach. The findings of the research are that: non-compliance with legally binding decisions is still a form of civil contempt because it belongs to the civil domain, it is constructive (indirect) contempt because the execution of a civil case is the last part of the hearing process, so the action is id entified as disobeying a court order occuring when an act that should or should not be carried out by someone ordered or requested by the court in carrying out his or her functions cannot be fulfilled by the person who was ordered. So this unlawful act can be qualified as a criminal act as regulated in Article 281 paragraph (1) of Law Number 1 of 2023 on the Criminal Code (KUHP)

Legal Analysis of Family-Owned Companies in Indonesia: Insights from Court Decisions

Family-owned companies have a significant role in enhancing national competitiveness. However, conflicts that lead to court disputes threaten the sustainability of family-owned companies. It has happened because some decisions still need to provide legal certainty. This research analyzes the legal aspect of family-owned companies in Indonesia, as reflected in several court decisions in Indonesia. The research method employs a qualitative case study approach. The research findings identify the existence of family-owned companies in court decisions; however, there are some difficulties, such as in determining the legal standing of disputing parties, potentially detrimental provisional decisions, and complexities in understanding corporate law, especially regarding General Meetings of Shareholders (GMS), dividends, and inter-organizational relationships as well as internal family disputes. The findings highlight the need for courts to consider the unique characteristics of family-owned companies, which could improve the consistency of court decisions, enhance legal certainty in the business sector, and promote sustainable economic activities

The Authority Analysis of Non-Legal Entity Organization and Opportunities for Dispute Resolution Through Litigation

Article 28 of the Indonesian Constitution is formulated to guarantee the freedom of associations and assembly, including the formation of community organizations (ormas). Ormas holding legal entity status are accommodated under associations, while non-legal entity ormas can still register but do not have the same status. The distinction between ormas and associations lies in their legal recognition. Associations possess legal entity status, while ormas are considered non-legal entities. According to Article 20 of Law No. 17 of 2013, ormas have the right to cooperate with other entities to develop and sustain their organizations. However, such cooperation may give rise to conflict, which cannot always be avoided. This raises important questions, such as "Do ormas administrators possess full authority to undertake all legal actions?" and "What avenues are available for ormas to resolve disputes through litigation?" To address these questions, doctrinal research is conducted using both legislative and conceptual methods. The results shows that the authority of ormas administrators is strictly limited by legal provisions. Since ormas lacks  the legal standing required of legal entity, they  are are unable to resolve conflicts through litigation. In light of such challenges, it is recommended that ormas registration system include a comprehensive list of members authorized to act on behalf of the organizations in civil actions with third parties. This measure would enable ormas to explore non-litigation channels for resolving civil disputes, offering a practical alternative to formal court proceedings

Addressing Willful Blindness: A Multi-Domain Framework for Enhancing Legal Accountability and Fairness

Willful blindness, a legal doctrine in which individuals deliberately avoid knowledge to escape accountability, plays a significant role in the adjudication of crimes such as corporate fraud, financial misconduct, and sexual assault. However, current research has not fully examined its strategic misuse or provided a comprehensive analysis of its application across different legal contexts. This study bridges these gaps by introducing a Multi-Domain Analytical Framework to evaluate the concept\u27s impact, strategic use, and broader implications in both criminal and civil cases. Empirical findings reveal that willful blindness is often employed to evade legal responsibility, undermining justice and compromising the fairness of legal outcomes. The study further demonstrates the inadequacy of existing legal standards and evidentiary requirements in addressing this issue. To counter these challenges, the research proposes targeted policy reforms designed to strengthen accountability, enhance evidentiary clarity, and improve the overall fairness and effectiveness of the legal system. In conclusion, willful blindness remains a critical and manipulative tool with profound implications for justice and accountability. This study highlights the necessity of reforming legal frameworks to mitigate the strategic exploitation of willful blindness. By setting the stage for further research and policy development, the findings contribute to the ongoing evolution of a more just and equitable legal system capable of addressing the complexities of modern legal challenges

AI on The Bench: The Future of Judicial Systems in The Age of Artificial Intelligence

This in-depth research explores the emerging relationship between artificial intelligence (AI) and legal systems by addressing key questions and understanding the evolution of global justice systems. This study focuses on the role of AI in strengthening the efficiency and objectivity of the judiciary, especially through the application of AI as judges in countries such as China and Estonia. This research aims to systematically analyse these developments, examining how AI is being integrated into justice systems in different parts of the world with challenges related to ethics, accountability, and human rights. The study results show that the integration of AI in the legal system brings increased efficiency and potential for transparency but also raises serious concerns about bias in AI algorithms, limitations in interpreting complex laws, and the impact on human rights principles. The main findings of this research show that the integration of AI in the legal system contains great potential for transformation but also requires a careful approach. While AI can improve the efficiency and quality of decision-making, it is important that AI is developed and implemented within a solid legal and ethical framework that respects human rights and maintains the justice system\u27s integrity. This research emphasizes the need to consider each country\u27s unique legal, cultural, and social context when adopting AI into their legal systems

Aspects Of Justice Of Marriage Dispensation And Best Interests For Children

Marriage dispensation is an application for a marriage permit made by the parents or family of a prospective husband or wife who is not yet 19 years old to enter into a marriage at the Religious Court. This paper briefly describes the justice of marriage dispensation and the children\u27s best interests. The main topics discussed in this paper are the marriage laws and marriage dispensations according to the Law, the best interests of the child explained according to the Law, and to compromise between marriage dispensation and the child\u27s best interests. The method used in this research is normative research by examining legal norms in legislation and decisions of the Constitutional Court. The content of this paper reveals that despite being deemed as contradictory to the Law as per the ruling of the Constitutional Court No. 22/PUU-XV/2017 dated 13 December 2018, which sets the minimum age for marriage according to Article 7 paragraph (1), child marriages facilitated by marriage dispensations persist in Indonesia. Furthermore, not every petition for marriage dispensation receives approval from the judicial panel. The decision on dispensation requests hinges on a thorough evaluation of the merits of the application and the potential impact on the child\u27s future well-being, prioritizing the child\u27s best interests

Urgency of Performance Tiering for Indonesia\u27s Supreme Court: A Constitutional Law Perspective

The Supreme Court of Indonesia is pivotal as a representative of judicial power. However, evaluations and reports indicate suboptimal performance outcomes, necessitating the implementation of a structured performance tiering framework. This research employs an empirical juridical approach involving surveys, court visits, and focus group discussions, supplemented by a literature review. The study highlights the Supreme Court\u27s need to operationalize its vision of "Realizing Indonesia\u27s Supreme Judicial Body" through clear, measurable performance indicators. Adopting Logical Models, Logical Frameworks, and Critical Success Factors can streamline accountability, enhance judicial efficiency, and ensure alignment across organizational tiers. This paper outlines the steps and benefits of performance tiering in improving Indonesia\u27s judicial system. Performance tiering will become a thinking summary of institutions\u27 functions, use of authority, performance and organization achievements, organization direction, and even paradigm of every process in the Supreme Court and judicial entities under them. The performance tiering of the Supreme Court should ideally adopt the Logical Model, Logical Framework, and Critical Success Factors