The Legitimacy Crisis of Customary Villages Under Indonesia’s Village Law

The absence of clear institutional linkages between bureaucratic villages (BVs) and customary villages (CVs) raises significant concerns regarding the legitimacy and effectiveness of their governance structures. Understanding the institutional relationship between these entities is therefore essential. This research analyses the legitimacy and legal implications of customary village regulations and investigates the disharmony between these regulations and Law Number 6 of 2014 in relation to the 1945 Constitution of the Republic of Indonesia (UUD 1945). Employing a socio-legal case study approach, this study focuses on five key sites: Gampong-Mukim in Aceh, Tosari-Tengger Village, Kanekes-Baduy, Tenganan Pegringsingan-Karangasem, and Pecatu-Badung. Legal materials were collected through document reviews and focus group discussions related to customary village governance. Findings reveal that Law Number 6 of 2014 concerning Villages fails to align with constitutional principles and shows inconsistencies when compared with regional regulations across the observed areas. Furthermore, the study identifies state intervention in customary village governance through the implementation of Law Number 6 of 2014—an approach deemed inappropriate unless such villages are fully and formally recognised. These regulatory inconsistencies and interventions undermine the legitimacy of Law Number 6 of 2014 in the context of customary village governance and threaten the autonomy and legal standing of Indonesia’s indigenous communities

Navigating Legal Barriers: The Impact of Foreign Subsidies Regulation on Chinese SOEs in EU Public Procurement

The EU Foreign Subsidies Regulation (FSR), effective from July 2023, aims to create a level playing field in the EU internal market by addressing concerns about non-EU companies gaining unfair advantages through subsidies from their home countries. By granting the European Commission extensive investigative powers, particularly in public procurement and mergers, the FSR aims to ensure fair competition and fill regulatory gaps in the EU’s existing legal framework. However, the regulation’s impact on the participation of non-EU companies in the EU public procurement market remains insufficiently explained. This article examines the impact of the FSR on non-EU companies, focusing on its effects on public procurement, especially case studies from the Commission’s investigations into two Chinese state-owned enterprises (SOEs). It offers a detailed interpretation of the FSR’s rules on foreign subsidies in the context of EU public procurement from both procedural and substantive perspectives. Additionally, the article provides practical recommendations for non-EU companies seeking to navigate the FSR's requirements and minimise its negative impacts while maintaining their participation in EU public procurement markets

Application of Patent Law to Software in the IoT Context

  The Internet of Things (IoT) is a promising field. It is estimated that around 75.44 billion devices will be connected by 2025. Undeniably, IoT will deeply impact the current intellectual property system. Many issues will be revisited and examined. This article addresses software patent protection in light of IoT. Software patent protection criteria are still embroiled in controversy.  The authors examine the patentability of software in general and in the IoT context in the US, EU, UK, and Malaysian legal systems to determine the appropriate protection mechanism for software that perplexes the idea-expression dichotomy as the main premise of the copyright-patent distinction. The research is a theoretical qualitative study which traces law-related articles on IoT and software patents from multiple databases such as Hein Online and LexisNexis. The study also discussed court cases related to software and computer program patents. Furthermore, it relies on an analytical discussion of statutes and legislations in the US, EU, UK, and Malaysia, concluding that there is a conflation of computer programs and software. If the two terms are interpreted precisely in accordance with their meanings, IoT software inventions will not be at the centre of the controversy about the applicability of patent law.

Justice or Controversy? The Case for Chemical Castration in the Republic of Kosovo’s Legal Framework

This study evaluates a group of citizens’ attitudes in the Republic of Kosovo toward the potential inclusion of chemical castration in the Criminal Code as a punitive measure against child sexual abusers. Although chemical castration is not currently part of the Republic of Kosovo’s legal framework, growing public concern over increasing cases of child sexual abuse has brought this controversial measure into public and legal discourse. Using a survey-based methodology, the research analyses responses from a demographically diverse group, predominantly composed of young and educated individuals. The findings reveal widespread concern regarding the prevalence of sexual abuse against children. There is a high level of awareness and significant public support for chemical castration, with many respondents viewing it as an effective and preventive measure against sexual violence. However, ethical concerns related to human rights and reproductive health were also raised. Although few respondents reported direct knowledge of child victims, the study highlights several barriers to reporting such crimes, including inadequate institutional and familial support, social stigma, and prevailing conservative attitudes. Overall, the study offers valuable insights for Kosovo’s institutions to enhance their strategies in combating child sexual abuse. Understanding public opinion on chemical castration can inform the development of future legal and policy initiatives in this sensitive area

Reverse Evidence: A Beacon of Hope for Pretrial Reform

Pretrial proceedings, inspired by the Habeas Corpus principle, aim to protect individuals from arbitrary coercive measures such as suspect identification, arrest, and detention. However, in practice, the burden of proof in pretrial processes falls entirely on the applicant, who must prove a negative: the illegality of the coercive action. This burden creates significant obstacles for applicants seeking redress. To address this imbalance, this research examines the concept of Habeas Corpus, the evidentiary system of reverse onus of proof in the Indonesian legal context, and the development of an ideal evidentiary model for pretrial proceedings. Using normative juridical methods, this study finds that Habeas Corpus obliges the detaining authority to justify the legality of detention; failure to do so results in the detainee's release. Similarly, reverse evidence has been applied in corruption, money laundering, and administrative cases in Indonesian courts to address challenges in uncovering organised crimes. In pretrial contexts, applying reverse evidence protects human rights, promotes transparency, and ensures accountability in the exercise of coercive state power. This approach reflects the legal principle that individuals should not be required to prove a negative, easing the applicant’s evidentiary burden. By shifting the burden of proof to the respondent (i.e., the state or its officers), it upholds the principle of equality of arms, creating a more balanced relationship between individuals and the state. Ultimately, this enhances safeguards against abuse of authority and improves fairness in the justice system

Legislative Controls for Disciplinary Penalties Imposed on Public Servants: A Comparative Analysis of Jordanian and French Legal Frameworks

This study examines the legislative framework governing disciplinary penalties imposed on public servants under the Jordanian Civil Service Regulation of 2020 and the French General Civil Service Law of 2021. It seeks to analyze the concept of disciplinary punishment, its legal nature, and the fundamental principles that regulate its application within public administration. Additionally, the research explores the extent of judicial oversight exercised by administrative courts over disciplinary sanctions, ensuring compliance with legal and procedural safeguards. By adopting a comparative approach, the study highlights both the similarities and differences between the Jordanian and French legal systems concerning the imposition of disciplinary penalties and the mechanisms of judicial review applicable to such measures. The findings underscore that while administrative authorities possess discretionary power in selecting disciplinary measures, this discretion must be exercised within the confines of legality, adhering to the principle of proportionality. The study emphasizes that excessive or disproportionate penalties risk judicial intervention, reinforcing the necessity for fair and reasoned decision-making. Furthermore, the research concludes that disciplinary sanctions should be proportionate to the severity of the infraction, with administrative bodies ensuring a clear and precise definition of violations and their circumstances. This clarity facilitates effective judicial oversight and prevents arbitrary or overly punitive disciplinary measures, thus maintaining a balance between administrative authority and legal accountability

Enhancing Consumer Protection in Electronic Transactions in Indonesia

Technological advancements have significantly facilitated electronic transactions, making business interactions faster and more convenient. However, these developments also introduce risks, especially for consumers, as electronic transactions can lead to significant financial losses if not handled carefully. This study proposes effective legal protections for consumers to prevent such losses and ensure proper compensation in electronic business transactions. This research employs a normative legal methodology, utilizing both a statutory and conceptual approach. The statutory approach analyses laws and regulations governing electronic transactions, while the conceptual approach applies Richard Posner's Economic Analysis of Law theory to assess the efficiency of consumer protection mechanisms. Data was gathered through a literature review of primary and secondary legal sources, and conclusions were drawn using deductive reasoning. The Economic Analysis of Law theory was the major premise, with relevant laws and regulations forming the minor premise. The findings reveal two main conclusions. First, while existing laws such as the Consumer Protection Law, the ITE Law, PP PMSE, PP PSTE, and Regulation of the Minister of Trade Number 31 of 2023 provide basic consumer protection by sanctioning businesses that offer mismatched products, reclaiming consumer rights is not straightforward. Second, to mitigate potential losses in electronic transactions, a validation process for business actors is necessary before they offer products, and Electronic System Trading Providers (PPMSE) must establish an efficient mechanism for compensating consumer losses. This study highlights the need for a more robust and accessible framework to protect consumers in electronic business transactions, ensuring that legal recourse is both efficient and effective

Protecting the Right to Clean Water: Legal Challenges and Solutions for River Pollution in Kurdistan

Access to clean water is a fundamental human right recognised by the United Nations. However, in Iraq, particularly in the Kurdistan region, this right is under significant threat due to severe pollution and contamination of rivers. While the Iraqi Constitution and environmental laws indirectly acknowledge the right to clean water, the legal and institutional framework for river protection remains inadequate. This study focuses on the Tanjero River as a case study to assess Iraq's legal framework and enforcement mechanisms for water resource protection. This study identifies critical gaps in legislation and enforcement through a qualitative and socio-legal methodology, including interviews and analysis of relevant laws such as Law No. 8 (2008) for Environmental Protection and Improvement. The findings reveal that the Tanjero River's pollution is primarily caused by mismanagement of water resources, insufficient legislation, weak enforcement, lack of coordination, and inadequate infrastructure. The Kurdistan Regional Government must prioritise sustainable water resource management, establish a comprehensive legal framework, and implement rigorous enforcement measures to address these issues. These steps are essential to safeguarding the right to clean water, protecting public health, and promoting sustainable development in the region

The Principle of Proportionality in Drug Control Policy in the Philippines and Indonesia

The war on drugs has become a global concern, particularly in Southeast Asia, where drug-related crimes are considered a serious threat to national and international security. Two cases that will be discussed relate to the anti-drug campaigns in the Philippines and Indonesia, both of which have attracted attention due to their controversial law enforcement methods. This study aims to compare the application of the principle of proportionality in drug law enforcement in both countries, focusing on whether the actions taken align with international human rights standards. This research employs a juridical-comparative method, analysing legal policies, government policies, and human rights-related case facts from both countries. In the Philippines, the campaign under President Duterte's administration raised significant concerns regarding extrajudicial killings and the excessive use of power, which deviates from the principle of proportional enforcement. In contrast, Indonesia adopts a more judicial approach, although it still faces criticism for harsh verdicts and the implementation of the death penalty. The findings will reveal significant differences in how the principle of proportionality is interpreted and applied, influenced by political will, law, and institutional accountability. While both countries claim to uphold the rule of law, the level of adherence to the principle of proportionality varies greatly. This study concludes that a balanced and human rights-based approach is essential for sustainable and ethical enforcement of drug policy in Southeast Asia

Third-Party Litigation Funding: Legal Feasibility and Insights from Australia, the UK, and the US for Expanding Access to Justice in Indonesia

Access to justice is often hindered by financial constraints, preventing plaintiffs from pursuing legal claims. Third-Party Litigation Funding (TPLF) offers a potential solution by allowing external funders to finance litigation in exchange for a share of any awarded damages or settlement. By covering litigation costs, TPLF enables financially disadvantaged plaintiffs to seek legal redress, making it a crucial mechanism for expanding access to justice. However, unregulated TPLF poses risks, including the encouragement of frivolous claims, ethical concerns, and profit-driven motivations that may override legal merit. Indonesia currently lacks specific regulations governing TPLF, raising questions about its legal permissibility and practical implementation. This study examines TPLF frameworks in Australia, the United Kingdom, and the United States to derive insights that may inform the development of TPLF practices in Indonesia. Utilizing a normative legal research methodology based on secondary data, the study explores the opportunities and challenges of introducing TPLF into the Indonesian legal system. The findings indicate that while TPLF can be legally accepted in Indonesia, its application should be restricted to cases with broad public interest, such as environmental and consumer litigation. Furthermore, Indonesia’s ongoing efforts to enhance access to justice and the absence of explicit legal prohibitions present opportunities for the regulated adoption of TPLF. This research contributes to the discourse on litigation funding by providing recommendations for policymakers, legal practitioners, and stakeholders in shaping a fair and regulated TPLF framework in Indonesia