journal of human rights, culture and legal system, volume 1, no. 2, 2021 93 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.10 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). research article application of timber legality verification system (svlk) policy as ecolabel implementation in the indonesian timber industry arifin ma’ruf1 1 researcher at java learning center, yogyakarta  arifindo78@yahoo.com abstract ecolabel is an international environmental standard that has been set by the world trade organization (wto). the application of ecolabel is expected to be a solution for environmental problems. ecolabeling is carried out with an approach of internationally agreed standards. in the timber industry in indonesia, ecolabeling is implemented with the timber legality verification system (svlk) policy. this policy is proven to overcome illegal logging and illegal trade and improve forest governance. keywords: ecolabel; svlk; and environment. introduction the environment is one of the critical elements in the life of the world, so its existence is vital for humans and other living creatures so that this environment must always be maintained and preserved. according to history, the international community had long focused on paying attention to the environment, namely since the 1950s when environmental pollution occurred, especially in developed countries caused by mining industrial waste and pesticides, which then prompted the birth of the stockholm conference in 1972, so that at that time the issue of regarding the environment, it is no longer a national issue, it is even a world concern, so that environmental problems are a global problem.1the trade implications of economic globalization on the law cannot be avoided because legal globalization follows economic globalization, in the sense that the substance of various laws and agreements spreads across national borders (crossborder).2 one of the environmental issues discussed in the wto forum is ecolabel, which is now known as an environmental standard. ecolabel is a means to convey accurate, "verifiable" information and does not mislead consumers about the environmental aspects of a product 1 soemarwoto, ekologi, lingkungan hidup dan pembangunan, (jakarta : djambatan), 1991, p. 2. 2 erman rajagukguk, “globalisasi hukum dan kemajuan teknologi: implikasinya bagi pendidikan hukum dan pembangunan hukum indonesia,” speech on dies natalis universitas sumatera utara ke-44, https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.10 http://creativecommons.org/licenses/by/4.0/ 94 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.10 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). (goods or service), components, or packaging. these environmental aspects include "biodegradability" (easiness of materials to decompose in the environment), consumption of water or energy per ton of product, "recyclability" (easiness of materials to be recycled), toxicity (level of danger of being toxic to people or other biotas), and others. this ecolabel program aims to encourage the demand and supply of environmentally friendly products in the market while encouraging sustainable environmental improvements.3 in its meeting in marrakech, the wto has determined the acceptance of ecolabel as an international environmental standard as long as it is carried out in a non-discriminatory manner, transparency, and handling of environmental problems is carried out with a multilateral approach and as far as possible based on international standards. the 1994 gatt agreement, the provisions of which relate to environmental issues, both contained in the preamble, body and attachments, namely the agreement establishing the world organization (agreement on the establishment of the world trade organization) agreement on agriculture, agreement on the application of sanitary and phytosanitary measures, agreement on technical barriers to trade gatt the wto has indeed paid great attention to the environment, and this is contained in its agreements. however, it is suggested that the wto should be able to make a policy in international trade that can accommodate the interests of environmental preservation and trade interests in a balanced portion. indonesia, as part of the world's citizens who have ratified the earth summit and has officially become a member of the wto, the concern of developing countries regarding the implementation of environmental standardization is also a concern for indonesia. for example, the provision regarding the ecolabelling/wood certification program, which is a policy that requires tropical countries to sign their wood commodities which guarantees that the product is produced without damaging the environment.4 in particular, the indonesia ecolabelling/wood certification program has become a concern for wood entrepreneurs on the one hand because they have to ensure legal documents when they want to export in the timber sector on the one hand. however, on the other hand, the concept of a wood certification program is one solution to forestry, one of which is to avoid or prevent illegal timber harvesting or not according to legal procedures. therefore, the existence of a legal umbrella5 for the ecolabelling mechanism in indonesia concerning international trade is a standard that has relevance to import flows that trading countries must meet this standard to enter the indonesian market in order to protect domestic consumers and ensure environmental sustainability.6 3 masnellyarti hilman, ekolabel, standar logo bagi produk yang telah memenuhi persyaratan lingkungan, deputi bidang pembinaan sarana teknis pengelolaan lingkungan hidup kementerian lingkungan hidup, jakarta, 2015 4 riadhi alhayyan, syamsul arifin, jelly leviza, mahmul siregar, analisis hukum terhadap standarisasi lingkungan dalam perdagangan internasional, usu law journal, vol.3.no.3 (november 2015) p. 112. 5 siti djazimah and muhammad jihadul hayat, ‘pelaksanaan kursus pranikah di kota yogyakarta: urgensitas, efektivitas hukum, dan tindakan sosial’, al-ahwal: jurnal hukum keluarga islam, 11.1 (2019), 59–68 <https://doi.org/10.14421/ahwal.2018.11105>. 6http://www.hukumonline.com/klinik/detail/cl3266/pengaturan-ecolabellingdi-indonesia, accessed on 17 desember 2016. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.10 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 95 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.10 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). discussion ecolabel is an international environmental standard the environment is one of the things that become the focus of international trade, but environmental issues are still often sidelined with other issues such as military threats and talks about trade rules. the existence of cooperation between countries is one solution to solving environmental problems.7 the international trade organization known as the world trade organization (wto) was born and hopes to carry out international trade activities within a legal corridor that carries the principles of fairness and justice.8 one of the forms of implementing fair and fair principles is running a business by paying attention to environmental aspects. as the embodiment of the general agreement on tariffs and trade (gatt), wto aims at optimal utilization of natural resources to maximize the exploitation of natural resources. therefore, in the utilization of natural resources, the role of the wto in ensuring environmental sustainability is still needed. at the implementation stage, it turns out that the wto also has a fundamental role in providing environmental protection. the wto, in its provisions, stipulates that every wto member country is obliged to consider the objectives of sustainable development and the achievement of protection against environmental conservation. the rights of wto countries are also recognized to impose barriers or implement a system of trade restrictions related to environmental protection issues.9 protection of the environment has already been regulated in the gatt provisions, namely as stated in article xx paragraph (b) stating…necessary to protect human, animal or plant life or health (needed to protect humans, animals or live plants or health); then it is regulated in article xx (g) relating to conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or domestic consumption). article xx paragraphs (b) and (g) are the legal basis for the state to make environmental policies to protect human health and the environment and conserve natural resources.10 however, on the condition that in making the policy, it must not create discrimination in trade or covert protection. in indonesia, the implementation of environmental protection as mandated in the gatt and wto is as regulated in law number 23 of 1997 concerning environmental management in conjunction with law number 32 of 2009 concerning protection and management of the environment, wherein these rules it is regulated related to the implementation of the instrument for preventing pollution and/or environmental damage as well as steps and rules related to the prevention and enforcement of the law by taking into account the aspects of transparency, participation, accountability, and justice.11 in addition, organic rules also appear under it, such as government regulation number 82 of 2001 concerning water quality management and water pollution control, government regulation number 27 of 1999 concerning environmental impact analysis (amdal), minister of environment regulation number 2 of 2014 concerning the inclusion of ecolabel logo and so on. the emergence of these regulations is evidence that the indonesian government has carried 7 iva rachmawati, memahami perkembangan studi hubungan internasional, (yogyakarta: penerbit aswaja pressindo, 2012), p. 213 8 christophorus barutu, ketentuan antidumping, subsidi dan tindakan pengamanan (safeguard) dalam gatt dan wto, (bandung: penerbit pt. citra aditya bakti, 2007). 9 aerticle xx gatt 10 syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, 1.1 (2021), 54–70. 11 arifin ma’ruf, ‘legal aspects of environment in indonesia : an efforts to prevent environmental damage and pollution’, 1.1 (2021), 18–30. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.10 http://creativecommons.org/licenses/by/4.0/ 96 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.10 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). out its mandate in protecting the environment as mandated in the gatt and wto provisions. one form of environmental protection is through the concept of ecolabeling. ecolabel is a means to convey accurate, "verifiable" information and does not mislead consumers about the environmental aspects of a product (goods or service), components, or packaging. these environmental aspects include "biodegradability" (easiness of materials to decompose in the environment), consumption of water or energy per ton of product, "recyclability" (easiness of materials to be recycled), toxicity (level of danger of being toxic to people or other biotas), and others. this ecolabel program aims to encourage the demand and supply of environmentally friendly products in the market while encouraging sustainable environmental improvement.12 widespread standardization worldwide is starting to take place rapidly but is still independent of environmental management. the environmental management and standardization movement emerged in the early 1990s. this is through the hard work of many individuals and organizations such as the international organization for standardization (iso), british standard institute (bsi), american national standard institute (ansi), and many other organizations in many countries. many standards have been proposed in the incorporation of environmental management.13 timber legality verification certificate (svlk) as an implementation step in indonesia for the ecolabel concept in gatt and wto currently, indonesia's forest area is estimated to reach 120.35 million ha or about 65 percent of the land area. forests and natural resources are essential natural resources for indonesia, with a reasonably high contribution to export employment and local community income. around 300,000 people work in the wood management industry, and at least 14,000,000 people depend directly on the forest. the ministry of forestry in 2009 revealed data that the production capacity of the timber industry exceeds the forest's ability to produce raw materials sustainably, both from hph and hti, which in turn stimulates illegal logging. nationally, the current demand for logs (industrial installed capacity) annually reaches 63 million m3. meanwhile, the production of logs from production forests is around 31.9 million m3/year.14 forest products accounted for 11 percent of export revenues during 1994-1999. despite the enormous contribution of forests to social and economic welfare, these benefits are generated without considering forest sustainability. the rate of forest destruction in indonesia is tremendous, it reaches 1.6 million to 2.1 million ha per year.15 based on the above problems, the concept of ecolabeling in the timber sector emerged to limit the use of wood as a material for furniture production and wood crafts. the concept of ecolabeling in the timber or forestry sector is called svlk (timber legality verification system). this system allows for the sale of wood, so there must be a legal verification document legalized by the authorized institution related to the origin of the wood. timber legality verification system or svlk is an ecolabel system in the timber sector that is used to ensure that wood products and wood materials are obtained or derived from sources whose origin and management meet legal aspects or in other words, what is 12 masnellyarti hilman, ekolabel, standar logo bagi produk yang telah memenuhi persyaratan lingkungan, deputi bidang pembinaan sarana teknis pengelolaan lingkungan hidup kementerian lingkungan hidup, jakarta, 2015 13 w. lee. kuhre, sertifikasi iso 14001: sistem manajemen lingkungan, (jakarta: prep.lindo, 1996), p. 7 14 departemen kehutanan. 2009. statistik kehutanan indonesia 2008. departemen kehutanan, jakarta. 15 colfer, c.j.p., dan reksosudarmo, i.a.p, kemana harus melangkah?, masarakat, hutan dan perumusah kebijakan di indonesia, edisi i, (jakarta: yayasan obor) 2003, p. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.10 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 97 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.10 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). meant by svlk is a system that guarantees legal timber products. and comes from sustainable forests. the svlk guarantee pattern comes from the legal aspect.16 according to darmawan, implementing the ecolabel principle in the timber legality verification standard or svlk is one of the systems used to improve forest governance towards sustainable forest management. svlk is a tracking system that is developed in a multistakeholder manner to ensure the legality of timber sources circulating and traded in indonesia. the timber legality system was developed to combat illegal logging and trade, improve forest governance, and realize sustainable forest management.17 the timber legality verification system (svlk) was born through the minister of forestry regulation or permenhut no. p.38/menhut-ii/2009 and then the policy was refined until the minister of forestry regulation no. p.68/menhut-ii/2011, then permenhut no. p.45/menhutii/2012, and subsequently revised again with the issuance of minister of forestry regulation no. p.42/menhut-ii/2013 concerning the third amendment to permenhut p.38/menhut-ii/2009 concerning standards and guidelines for assessment of phpl and vlk performance on permit holders or private forests.18 in addition to the above rules, the minister of forestry regulation no. p.38/menhutii/2009 and other related derivative regulations, the government introduces the timber legality verification system (svlk), which is carried out through regulations that set mandatory standards by business actors in the forestry sector from upstream to downstream production. the policy was later refined by permenhut no. p.68/menhut-ii/2011, after that it was revised with permenhut no. p.45/menhut-ii/2012, and finally revised with the issuance of minister of forestry regulation no. p.42/menhut-ii/2013 concerning the third amendment to permenhut p.38/menhut-ii/2009 concerning standards and guidelines for assessment of phpl and vlk performance for permit holders or on private forests and regulation of the minister of forestry number p.43/menhutii/ 2014 concerning performance assessment of sustainable production forest management and timber legality verification for permit holders or private forests, which were then followed by other regulations including perdirjen p.8/vibpphh/2012 and also permendag no. 64/m-dag/per/10/2012. the timber legality verification system (svlk) emphasizes the role of a more substantial representation of various stakeholders in tracking timber legality. the latest policy is contained in the minister of environment and forestry regulation number p.30/menlhk/setjen/phpl.3/3/2016 concerning performance assessment of sustainable production forest management and timber legality verification for permit holders, management rights, or private forests.19 the svlk policy in 2020 was no longer enforced. the revocation of the svlk policy was carried out through the regulation of the minister of trade number 15 of 2020 concerning provisions for the export of forestry industrial products (permendag 15/2020). the regulation expressly eliminates the obligation of exporters to verify the origin of products (svlk) that they will sell abroad.20 on may 11, 2020, through regulation of the minister of trade number 45 of 16 redi res, ‘implementation of parate executie object of liability juridical overview of mortgage’, 1.1 (2021), 42–53. 17 darmawan, a.h., nugrohob., kartodihardjo h,. kolopaking l.m., boer r, 2012, svlk, jalan menuju redd+, forest governance dan multistakeholder forestry programme, jakarta, p. 2. 18 iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, 1.1 (2021), 1–17. 19 abdul kadir jaelani and others, ‘the crime of damage after the constitutional court ’ s decision number 76 / puu-xv / 2017’, 1.1 (2021), 31–41. 20 arifin ma’ruf, kebijakan legalitas kayu untuk keadilan, buletin legal talk vol. xii, september 2020, p. 5. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.10 http://creativecommons.org/licenses/by/4.0/ 98 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.10 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). 2020, the minister of trade officially revoked permendag 15/2020. thus, the svlk provisions are re-enacted as one of the re-enactments of export provisions, namely by re-enacting the old regulation, namely minister of trade regulation 84 of 2016 concerning provisions for exports of forestry industrial products. the svlk concept is a soft approach effort from the government to improve good forestry governance over the rampant illegal logging, which damages the sustainability of forests and the environment and legal action (complex approach) that the government has used. the soft approach of the svlk scheme has provided improvements to timber administration and administration using a mechanism that can be monitored by all parties and has credibility in its implementation or the field.21 svlk covers upstream (timber-producing countries) and downstream (timber consuming countries) with the principles of improving better governance (governance), representation of the parties in its development and monitoring (representatives), and transparency (transparent) that can be monitored by all parties. upstream, sustainable forest management is something that wood producers must fulfill so that the legality of wood is guaranteed downstream. in detail, the wood administration and procedures that wood producers must comply with at every wood movement are:22 1. timber supply chain activities originate from state forests, starting from logging sites, timber collection points, timber stockpiles, and intermediate timber stockpiles. 2. timber supply chain operations from private forest/land, especially at logging/timber collection points 3. timber supply chain operations for industry and export in primary/integrated, secondary, and exports. management units (um) or business actors with svlk are indeed required to comply with this to maintain the continuity of their timber business. the management unit (um) or business actor who wants to care for the svlk must go through a certification process. this process begins with the submission of a verification application addressed to the lv-lk. moreover, by completing the required requirements as regulated in permenhut p.38/menhutii/2009 and p.68/menhut-ii/2011 in conjunction with p.45/menhut-ii/2012 perdirjen number: p.8/vi bpphh/2012 appendix 2.1. in fulfilling the svlk requirements, mus must prepare human resources to become the team in charge and facilitate capacity building of the svlk implementing team. after that, prepare the documents:23 1. company legality; company establishment deed, an amendment to company establishment deed, company registration certificate, valid trading business license, npwp, timber forest product utilization business permit (iuphhk-ha or ht), business plan for timber forest product utilization, other documents related to attachment 2.1 perdirjen buk no p.8/vibpphh/2012; 2. employment; labor list, collective work agreement document, work agreement document, statement not to employ underage workers, occupational health and safety, labor unions. 21 buklet mfp ngi mei 2012. “cakrawala baru kayu nusantara”. p. 17. http://nationalgeographic.co.id/p.aman/berkas/buklet_mfp_ngi_mei_2012.pdf 22 rio rovihandono. svlk dan tata usaha kayu indonesia dalam perjanjian vpa. jakarta :mfp ii. p. 3. 23 permenhut p.38/menhut-ii/2009 jo p.68/menhut-ii/2011 jo p.45/menhut-ii/ 2012 dan perdirjen nomor : p.8/vi-bpphh/2012 lampiran 2.1. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.10 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 99 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.10 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). 3. environment; plan for realization of environmental management and monitoring, which includes environmental impact analysis documents, environmental management plans, environmental monitoring plans, other environmental management documents following activities at the place of business. 4. social; documents on the realization of social responsibility (csr), minutes of delivery of social assistance, minutes of conflict resolution if there is a conflict, minutes of settlement of compensation, minutes of delivery of compensation; 5. legality of logging; annual work plan (rkt) for the last three years, rkt work map, book, and recapitulation of the report on the results of the cruising f. logging process; for the last one year and the current year includes reports on felling results, log mutation reports, other documents related to attachment 2.1 of perdirjen buk no p.8/vibpphh/2012 78; 6. transportation; certificate of log validity, log transportation invoice, invoice, bill of lading, other documents related to attachment 2.1 of perdirjen buk no p.8/vibpphh/2012; 7. training etc.; list of employees who have attended training, training plan documents, certificates of staff who have attended the training. wood or furniture entrepreneurs in indonesia welcomed the existence of the svlk concept in indonesia. the research conducted by ahmad subulas salam, purwanto, and suherman, with the title svlk; one type of eco-label to control wood movement in the furniture industry in jepara, concluded that furniture entrepreneurs agree with the existence of svlk because it has a good purpose. for them, the most important thing is how to keep their business running and easy to get affordable raw material stocks. because the svlk is a multistakeholder initiative, it is hoped that the export of raw materials to foreign countries, both legally and non-legally, can be suppressed so that it will spur domestic industrial activities so that they can quickly get supplies of raw materials at a stable price. conclusion the wto has determined the acceptance of eco-labeling as an international environmental standard as long as it is carried out in a non-discriminatory manner, transparency, and the handling of environmental problems is carried out with a multilateral approach and as far as possible based on international standards. as the implementation of the ecolabel in the timber sector, the timber legality verification system (svlk) concept emerged. the system implemented in indonesia was developed to combat illegal logging and illegal trade, improve forest governance, and realize sustainable forest management. thus, the implementation of the svlk requires the support of various parties so that it can be carried out correctly. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.10 http://creativecommons.org/licenses/by/4.0/ 100 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.10 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). references iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, 1.1 (2021), 1–17 jaelani, abdul kadir, universitas sebelas maret, resti dian luthviati, civil registration, study program, and universitas sebelas maret, ‘the crime of damage after the constitutional court ’ s decision number 76 / puu-xv / 2017’, 1.1 (2021), 31–41 ma’ruf, arifin, ‘legal aspects of environment in indonesia : an efforts to prevent environmental damage and pollution’, 1.1 (2021), 18–30 res, redi, ‘implementation of parate executie object of liability juridical overview of mortgage’, 1.1 (2021), 42–53 syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, 1.1 (2021), 54–70 djazimah, siti, and muhammad jihadul hayat, ‘pelaksanaan kursus pranikah di kota yogyakarta: urgensitas, efektivitas hukum, dan tindakan sosial’, al-ahwal: jurnal hukum keluarga islam, 11.1 (2019), 59–68 <https://doi.org/10.14421/ahwal.2018.11105> buklet mfp ngi mei 2012. “cakrawala baru kayu nusantara”. http://nationalgeographic.co.id/halaman/berkas/buklet_mfp_ng i_mei_2012.pdf christophorus barutu, ketentuan antidumping, subsidi dan tindakan pengamanan (safeguard) dalam gatt dan wto, bandung: penerbit pt. citra aditya bakti, 2007. colfer, c.j.p., dan reksosudarmo, i.a.p, kemana harus melangkah?, masarakat, hutan dan perumusah kebijakan di indonesia, edisi i, jakarta: yayasan obor, 2003. darmawan, a.h., nugrohob., kartodihardjo h,. kolopaking l.m., boer r, 2012, svlk, jalan departemen kehutanan. 2009. statistik kehutanan indonesia 2008. departemen kehutanan, jakarta. erman rajagukguk, “globalisasi hukum dan kemajuan teknologi: implikasinya bagi pendidikan hukum dan pembangunan hukum indonesia,” pidato pada dies natalis universitas sumatera utara ke44. http://www.hukumonline.com/klinik/detail/cl3266/pengaturanecolabelling-di-indonesia, diakses tanggal 17 desember 2016. iva rachmawati, memahami perkembangan studi hubungan internasional, yogyakarta: penerbit aswaja pressindo, 2012. masnellyarti hilman, ekolabel, standar logo bagi produk yang telah memenuhi persyaratan lingkungan, deputi bidang pembinaan sarana teknis pengelolaan lingkungan hidup kementerian lingkungan hidup, jakarta, 2015. masnellyarti hilman, ekolabel, standar logo bagi produk yang telah memenuhi persyaratan lingkungan, deputi bidang pembinaan sarana teknis pengelolaan lingkungan hidup kementerian lingkungan hidup, jakarta, 2015. menuju redd+, forest governance dan multistakeholder forestry programme, jakarta. permenhut p.38/menhut-ii/2009 jo p.68/menhut-ii/2011 jo p.45/menhut-ii/ 2012 dan perdirjen nomor : p.8/vi-bpphh/2012 lampiran 2.1. riadhi alhayyan, syamsul arifin, jelly leviza, mahmul siregar, analisis https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.10 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 101 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.10 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). hukum terhadap standarisasi lingkungan dalam perdagangan internasional, usu law journal, vol.3.no.3 (november 2015). rio rovihandono. svlk dan tata usaha kayu indonesia dalam perjanjian vpa. jakarta :mfp ii. soemarwoto, ekologi, lingkungan hidup dan pembangunan, jakarta : djambatan, 1991. w. lee. kuhre, sertifikasi iso 14001: sistem manajemen lingkungan, jakarta: prehallindo, 1996. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.10 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 139-148 139 https://doi.org/10.53955/jhcls.v2i3.54 journalhumanrightslegalsystem@gmail.com the court online content moderation: a constitutional framework rian saputraa,* , m zaidb, silaas oghenemaro emovwodoc afaculty of law, universitas slamet riyadi, surakarta, indonesia. bfaculty of law, universitas islam riau, pekanbaru, indonesia. cfaculty of art and social science, universiti brunei darussalam, brunei darussalam. * corresponding author: rians7010@gmail.com 1. introduction the classic adage states, "ubi societas, ibi ius", where there is society, there must be law. from this adage, it is read that the law always goes hand in hand with the development of society. paul scholten stated that the legal system is an open system; that is, it is unfinished and will not be completed by its original nature because it is the basis of all decisions that add new things to the system.1 "law is 1 william dubinsky, daniel a. farber, and philip p. frickey, law and public choice: a critical introduction, michigan law review, 1992, xc https://doi.org/10.2307/1289429 a r t i c l e i n f o a b s t r a c t article history received: june 25, 2022 revised: august 23, 2022 accepted: november 14, 2022 this study aims to see and describe the practice of electronic justice in indonesia based on the digital constitutionalism approach; as a concept that tends to be new, digital constitutionalism in its development also accommodates the due process online in scientific discourse. this research is normative legal research using a statutory and conceptual approach. based on the research results, it is known that the practice of electronic justice in indonesia still uses procedural law guidelines, which are conventional procedural law and internal judicial regulations. in contrast, the development of electronic justice that utilizes technological advances is insufficient to use conventional procedural law in its implementation because it is annulled. it has not been oriented to the protection of human rights as conceptualized in the digital constitutionalism discourse, which includes due process online. so the regulation of electronic justice in the future must be based on digital constitutionalism, which includes knowing the due process online by prioritizing the protection of human rights in a virtual scope from the provider of electronic judicial technology facilities. this is an open-access article under the cc–by 4.0 license. keywords electronic justice; constitutionalism; digital; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:rians7010@gmail.com https://doi.org/10.2307/1289429 https://creativecommons.org/licenses/by/4.0/ 140 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 139-148 rian saputra, et.al, (the court online content …) the same society", so "new community relations will form new regulations.”2 thus, the opinion that the law always lags behind the pace of community development (het recht hinkt achter de feiten aan) must be interpreted as limited to written law (rules, statutory regulations), which indeed become a static document once the hammer is ratified. the law as principles and moral values will always move dynamically following the development of society.3 the rate of development of information technology in this civilization certainly affects the practice of justice. previously, case administration was carried out manually which took a long time and was high in cost, and information technology has accelerated, simplified and reduced the cost of administering cases in the judiciary. if, in the beginning, it was a change from a manual typewriter to a computer, now it has developed further towards digitization in the execution of judicial tasks. for case handling, there is a case investigation information system (sipp); for personnel administration, there is a personnel information system (sikep); for supervision, there is a surveillance information system (siwas); as well as various other information systems developed by the work units at the first level and appeals such as the integrated public service (excellent court services) developed by various judicial systems, especially in indonesia.4 information technology for judicial tasks proliferates toward electronic courts (e-court), where information technology is utilized in case administration and implementation of procedural law. in comparison, in australia, there is already an online dispute resolution, where litigants can settle their disputes online.5 in the united states, since 1999, public access to electronic records (pacer) has been initiated; there is also a case management and electronic case files (cm/ecf) system and various uses of information technology to support judicial tasks. in india, the supreme court of india, on may 10, 2017, launched the integrated case management information system (icmis), and will soon launch an information system for handling crimes that are integrated with the indian police in the form of crime and criminal tracking network and systems (cctns).6 2 h anderson, ‘directors’ liability for corporate faults and defaults international comparison’, pacific rim law and policy journal, 18.1 (2009), 1–51 https://digital.law.washington.edu/dspacelaw/bitstream/handle/1773.1/518/18pacrimlpolyj1.pdf?sequence=1 3 chris marsden, trisha meyer, and ian brown, ‘platform values and democratic elections: how can the law regulate digital disinformation?’, computer law and security review, 36 (2020), 105373 https://doi.org/10.1016/j.clsr.2019.105373 4 vicki waye and ping xiong, ‘the relationship between mediation and judicial proceedings in china’, asian journal of comparative law, 6.1 (2011) https://doi.org/10.2202/1932-0205.1312 5 oksana melenko, ‘mediation as an alternative form of dispute resolution: comparativelegal analysis’, european journal of law and public administration, 7.2 (2021), 46–63 https://doi.org/10.18662/eljpa/7.2/126 6 anggita anggraeni, ‘penal mediation as alternative dispute resolution: a criminal law reform in indonesia’, journal of law and legal reform, 1.2 (2020), 369–80 https://doi.org/https://doi.org/10.15294/jllr.v1i2.35406 https://www.jhcls.org/index.php/jhcls https://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/518/18pacrimlpolyj1.pdf?sequence=1 https://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/518/18pacrimlpolyj1.pdf?sequence=1 https://doi.org/10.1016/j.clsr.2019.105373 https://doi.org/10.2202/1932-0205.1312 https://doi.org/10.18662/eljpa/7.2/126 https://doi.org/https:/doi.org/10.15294/jllr.v1i2.35406 issn 2807-2812 journal of human rights, culture and legal system 141 vol. 2, no. 3, november 2022, pp. 139-148 rian saputra, et.al, (the court online content …) in the indonesian context, this has indeed emerged and been practised in various judicial practices at the regional court level. the supreme court (ma) or the constitutional court (mk) and even in several institutions, there are internal regulations that were formed to accommodate this; it is just that there are still some fundamental questions from these provisions, for example, what is the legal basis for the implementation of the digital justice practice? is it enough just to be regulated at the level of internal regulations of the supreme court or the constitutional court?7 it is essential to question this because talking about the judicial system cannot be separated from the due process of law, which collides itself with human interests or the community's human rights.8 thus the discourse on the technological approach in law is indeed quite fast in tandem with the development of technology itself. in the context of judicial institutions that use an electronic technology approach in carrying out judicial duties, it is said that this approach is instrumental in preventing corruption and maladministration in the judiciary.9 for example, the application of the directory of decisions, where the decisions of judges/high judges/supreme judges, which are published and announced online, have been proven to reduce corruption that is carried out by utilizing decision information. likewise, the information and case investigation system (sipp) application is beneficial for judicial officials in completing case administration so that there are no more maladministration complaints such as missing case files, unclear trial dates and events, to very long case minutes.10 however, that is not enough; today's world has also changed along with technological advances. one of them is the emergence of the digital constitutionalism discourse in developing world constitutional law, often referred to as the new constitutionalism.11 the most substantive thing in the discussion about digital constitutionalism is the due process online, which is conceptually different from the principle of due process of law in general.12 the question then is whether the practice of electronic justice regulated in the current internal 7 roger koppl and meghan sacks, ‘the criminal justice system creates incentives for false convictions’, criminal justice ethics, 32.2 (2013), 126–62 https://doi.org/10.1080/0731129x.2013.817070 8 mokh najih and fifik wiryani, ‘learning the social impact of corruption: a study of legal policy and corruption prevention in indonesia and malaysia’, journal of social studies education research, 11.4 (2020), 175–89. https://doi.org/10.1080/0731129x.2013.817070 9 karmawan, ‘mediation in the religious courts of indonesia’, ahkam: jurnal ilmu syariah, 20.1 (2020), 79–96 https://doi.org/10.15408/ajis.v20i1.13249 10 hilman syahrial haq and others, ‘the institutionalization of community mediation for resolving merarik marriage disputes in sasak community’, jurnal media hukum, 26.1 (2019), 1–10 https://doi.org/10.18196/jmh.20190118 11 emilio peluso neder meyer, digital constitutionalism, constitutional erosion in brazil, 2021 https://doi.org/10.5040/9781509941971.ch-007 12 giovanni de gregorio, ‘democratising online content moderation: a constitutional framework’, computer law and security review, 36 (2020), 105374 https://doi.org/10.1016/j.clsr.2019.105374 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1080/0731129x.2013.817070 https://doi.org/10.1080/0731129x.2013.817070 https://doi.org/10.15408/ajis.v20i1.13249 https://doi.org/10.18196/jmh.20190118 https://doi.org/10.5040/9781509941971.ch-007 https://doi.org/10.1016/j.clsr.2019.105374 142 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 139-148 rian saputra, et.al, (the court online content …) regulations of the judiciary has prioritized and guaranteed due process online as stated in the digital constitutionalism discourse. 2. research method this research is normative legal research using a statutory and conceptual approach.13 conceptually referred to in writing, this law is the concept of digital constitutionalism which is developing in the global constitutional law community. the concept is dissected in such a way as to see whether the practice of electronic justice in indonesia currently being carried out is based on the concept of digital constitutionalism.14 by analyzing several related legal products, including: a. law number 48 of 2009 concerning judicial powers; b. supreme court regulation number 1 of 2019 concerning electronic administration of cases and trials in courts; c. supreme court regulation number 4 of 2020 concerning administration and trial of criminal cases in electronic courts. 3. results and discussion the moderation of court in indonesia article 28d paragraph (1) of the 1945 constitution states that everyone has the right to fair recognition, guarantees, protection, legal certainty, and equal treatment before the law. this article shows two critical principles: due process of law and the principle of equal treatment before the law.15 mardjono reksodiputro stated that the term due process of law is translated with the term fair legal process. the opposite of the due process of law is an arbitrary process, for example, only based on the power of law enforcement officials. due process of law is often misinterpreted in its meaning; this is because the meaning and nature of a fair legal process are not only in the form of the application of law or legislation, which is assumed to be formally fair but also contains guarantees of the right to independence of a citizen.16 to create a due process of law, judicial freedom is fundamental. the judiciary must be completely free from all interests, including the influence of certain castes, 13 rian saputra and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022), 1–13 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.21 14 rian saputra and others, ‘reform regulation of novum in criminal judges in an effort’, jils (journal of indonesian legal studies), 6.2 (2021), 437–82 https://doi.org/https://doi.org/10.15294/jils.v6i2.51371 15 ngesti prasetyo and others, ‘the politics of indonesias decentralization law based on regional competency’, brawijaya law journal, 8.2 (2021), 159–84 https://doi.org/10.21776/ub.blj.2021.008.02.01 16 giovanni de gregorio, ‘digital constitutionalism in europe reframing rights and powers in the algorithmic society’, gastronomía ecuatoriana y turismo local., 1.69 (1967), 5–24. https://doi.org/10.1080/0731129x.2013.817070 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.21 https://doi.org/https:/doi.org/10.15294/jils.v6i2.51371 https://doi.org/10.21776/ub.blj.2021.008.02.01 https://doi.org/10.1080/0731129x.2013.817070 issn 2807-2812 journal of human rights, culture and legal system 143 vol. 2, no. 3, november 2022, pp. 139-148 rian saputra, et.al, (the court online content …) classes, or groups.17 the absence of judicial freedom causes the due process of law meaningless. judicial freedom requires a fair and impartial trial; judges do not discriminate between people in their profession.18 in the context of the criminal procedure code, the implementation of the concept of due process of law, according to mardjono reksodiputro, is reflected in the principles of the criminal procedure code, namely general legal principles and specific legal principles.19 general legal principles include; a) equal treatment in public without any discrimination; b) presumption of innocence; c) the right to obtain compensation (compensation) and rehabilitation; d) the right to obtain legal assistance; e) the right of the defendant's presence in court; f) free trial and carried out quickly and; g) courts that are open to the public. meanwhile, specific legal principles include: (1) violations of individual rights (arrest, detention, search, and confiscation) must be based on law and carried out with a (written) warrant; (2) the right of a suspect to be informed of his suspicions and charges against him; and (3) the obligation of the court to control the implementation of its decisions.20 the due process of law contains two critical principles: the principle of equal treatment (equality before the law) and the principle of presumption of innocence. the principle of equal treatment before the law means that every citizen, including the suspect/defendant, must be given the same opportunity to exercise the rights that have been determined by law, such as the right to obtain legal assistance and the right to provide information legally: freedom and the right to be tried by an honest and impartial tribunal.21 while the principle of presumption of innocence means that every suspect and defendant must be presumed innocent before his guilt is proven in court and stated in a decision with permanent legal force.22 simply put, the purpose of the due process of law is to minimize the arbitrariness of the state against the community in the judicial process because in the conventional judicial process, especially in the scope of law with a public dimension, the state vis a vis the community. this is different from the due process online; the principle that was born at the same time as the digital constitutionalism discourse states that in a digital society, the state is not the only dominant actor whose power can directly affect individual rights. private companies creating, managing and selling digital technology 17 chuanman you, ‘law and policy of platform economy in china’, computer law and security review, 39 (2020), 105493 https://doi.org/10.1016/j.clsr.2020.105493 18 edy lisdiyono, ‘improving legal argument critically in the litigation mechanism in indonesia (an empirical study of environmental verdicts)’, sriwijaya law review, 1.1 (2017), 64–73 https://doi.org/10.28946/slrev.vol1.iss1.10.pp080-092 19 nathalina naibaho and others, ‘criministrative law developments and challenges in indonesia’, indonesia law review, 11.1 (2021) https://doi.org/10.15742/ilrev.v11n1.647 20 lisdiyono. 21 gregorio. 22 mahrus ali and m. arif setiawan, ‘penal proportionality in environmental legislation of indonesia’, cogent social sciences, 8.1 (2022) https://doi.org/10.1080/23311886.2021.2009167 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2020.105493 https://doi.org/10.28946/slrev.vol1.iss1.10.pp080-092 https://doi.org/10.15742/ilrev.v11n1.647 https://doi.org/10.1080/23311886.2021.2009167 144 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 139-148 rian saputra, et.al, (the court online content …) products and services are the new leviathan of the digital age.23 laidlaw, speaking specifically about internet service providers and search engines, aptly defines these actors as 'online gatekeepers'.24 in the case of search engines, their power to control access to information becomes apparent. removing or simply downgrading search results is tantamount to being condemned to digital nonexistence, consequently limiting an individual's right to access publicly available information. more generally, however, laidlaw's description fits well across categories of tech companies. by controlling access to digital technology, they can shape the way individuals use these instruments. in this way, they have the potential to influence the exercise of our fundamental rights, which are not much different from how nation-states do it.25 in this context, there is a debate about whether, to what extent, and how to apply the existing constitutional standards governing the exercise of state power to these private actors (technology companies).26 as seen in the previous chapter, the constitutional system emerged to limit the power of the dominant actor and protect individuals' fundamental rights. their historical mission, however, aims to overcome the state's power. existing constitutional norms do not articulate principles limiting private entities' power. however, given the similarities between how the state and private companies can affect individual rights, one is intellectually tempted to apply these principles to the private sector, especially the private sector, whose performance orientation is towards the basic principles of society.27 from a legal point of view, private actors are not formally bound by international human rights.28 the state must ensure that private entities also protect these rights. in 2008, un special representative john ruggie issued a document setting out guiding principles on business and human rights, called the 'ruggie principles. this text not only reaffirms the obligation of the state to prevent human rights violations committed by private actors but also vigorously affirms the responsibility of private entities to protect human rights. although this 23 peter alexander earls davis, ‘decrypting australia’s “anti-encryption” legislation: the meaning and effect of the “systemic weakness” limitation’, computer law and security review, 44.september 2018 (2022), 105659 https://doi.org/10.1016/j.clsr.2022.105659 24 adiguna bagas waskito aji and others, ‘social justice on environmental law enforcement in indonesia: the contemporary and controversial cases’, the indonesian journal of international clinical legal education, 2.1 (2020), 57–72 https://doi.org/10.15294/ijicle.v2i1.37324 25 alex raskolnikov, ‘crime and punishment in taxation: deceit, deterrence, and the selfadjusting penalty’, columbia law review, 106 (2006), 569–642. https://doi.org/10.1080/0731129x.2013.817070 26 randy pradityo, ‘restorative justice dalam restorative justice in juvenile justice system’, jurnal hukum dan peradilan, 5.3 (2016), 319–30 https://doi.org/10.25216/jhp.5.3.2016.319-330 27 siti malikhatun badriyah, ‘penemuan hukum (rechtsvinding) dan penciptaan hukum (rechtsschepping) oleh hakim untuk mewujudkan keadilan’, masalah-masalah hukum, 40.3 (2011), 384-392–392 https://doi.org/10.14710/mmh.40.3.2011.384-392 28 whitfield diffie and susan landau, privacy on the line the politics of wiretapping and encryption (cambridge, massachusetts: massachusetts institute of technology press, 2007). https://doi.org/10.1080/0731129x.2013.817070 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2022.105659 https://doi.org/10.15294/ijicle.v2i1.37324 https://doi.org/10.1080/0731129x.2013.817070 https://doi.org/10.25216/jhp.5.3.2016.319-330 https://doi.org/10.14710/mmh.40.3.2011.384-392 https://doi.org/10.1080/0731129x.2013.817070 issn 2807-2812 journal of human rights, culture and legal system 145 vol. 2, no. 3, november 2022, pp. 139-148 rian saputra, et.al, (the court online content …) document is not legally binding and therefore imposes only a moral obligation on private actors, it witnessed the onset of a legal reaction against the power of private entities. such is the difference between the principle of due process of law and due process online, where in the due process online, the view is that the private sector is also considered a party that can commit acts of human rights violations through their performance orientation. one of the electronic service providers from the judicial practice is a private party; for example, will these service providers protect the privacy of justice seekers? this is important to discuss because it concerns the human rights of justice seekers. the regulation of electronic courts based on digital constitutionalism the practice of electronic justice that is currently being carried out in indonesia still uses the basis of conventional procedural law. usually, additional arrangements are formed at the level of internal regulations of each institution which still lacks attention to the concept of due process online which threatens the fundamental rights of justice seekers. . in more general judicial practice, for example, since the issuance of supreme court regulation no. 1 of 2019 concerning the administration of cases and trials in electronic courts (perma no. 1 of 2019), the perma does not only register cases that can be done online or known e-court, but the trial can also be conducted electronically, namely e-litigation. therefore, it is time for the practice of electronic justice in indonesia to be regulated in rules at the level of separate legislation with content that pays attention to the provisions in the due process online. this can be taken by following the example of electronic justice arrangements in the united states, which have provisions regarding electronic justice through rules at the level of statutory regulations. in the united states the implementation of electronic trials in the united states has been carried out since 1998. the administrative office of the united states courts reports that dozens of courts in various states have used information technology in the form of video teleconferences or electronic trials. the teleconference trial was carried out for various trial agendas, for example: giving testimony, court examinations by judges, and counselling. the terms used regarding electronic justice in the usa are virtual courts, virtual courtrooms, and virtual courthouses.29 justice development in the united states is influenced by the dissatisfaction of justice seekers with the existing legal system because seeking justice takes a long time and is expensive. therefore, the federal civil justice reform act 1990 carried out judicial reform with the concept of digitization after the creation of computer chips. the use of information technology makes the judiciary continue to proliferate.30 the first state to conduct a cyber court trial was state of michigan. 29 gregorio. 30 anita afriana, ‘a fast procedure as an access to justice in order to realize a simple, fast, and low cost principle in indonesia’, jurnal dinamika hukum, 16.1 (2016), 99–105 https://doi.org/10.20884/1.jdh.2016.16.1.489 https://www.jhcls.org/index.php/jhcls https://doi.org/10.20884/1.jdh.2016.16.1.489 146 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 139-148 rian saputra, et.al, (the court online content …) based on house bill 4140, approved in november 2001 and passed as public act 262 of 2001 on january 9, 2002, the cyber court is intended for cases relating to the use of technology and high-tech business, in which cases are more effectively tested. furthermore, tried through computer media rather than the courtroom examination method. parties such as jurors, defendants, lawyers and judges do not have to be in the courtroom but can use video conference as a communication medium in the trial examination process. 4. conclusion electronic justice practice in indonesia still uses procedural law guidelines, which are conventional procedural laws coupled with internal judicial regulations. in contrast, the development of electronic justice that utilizes technological advances is insufficient to use conventional procedural law bases in its implementation because it is annulled and has not been oriented to protecting rights—human rights as conceptualized in the digital constitutionalism discourse, which includes the due process of online. so the regulation of electronic justice in the future must be based on digital constitutionalism, which includes knowing the due process online by prioritizing the protection of human rights in a virtual scope from the provider of electronic judicial technology facilities. references afriana, anita, ‘a fast procedure as an access to justice in order to realize a simple, fast, and low cost principle in indonesia’, jurnal dinamika hukum, 16.1 (2016), 99–105 https://doi.org/10.20884/1.jdh.2016.16.1.489 aji, adiguna bagas waskito, puji wiyatno, ridwan arifin, and ubaidillah kamal, ‘social justice on environmental law enforcement in indonesia: the contemporary and controversial cases’, the indonesian journal of international clinical legal education, 2.1 (2020), 57–72 https://doi.org/10.15294/ijicle.v2i1.37324 ali, mahrus, and m. arif setiawan, ‘penal proportionality in environmental legislation of indonesia’, cogent social sciences, 8.1 (2022) https://doi.org/10.1080/23311886.2021.2009167 anderson, h, ‘directors’ liability for corporate faults and defaults international comparison’, pacific rim law and policy journal, 18.1 (2009), 1–51 https://digital.law.washington.edu/dspacelaw/bitstream/handle/1773.1/518/18pacrimlpolyj1.pdf?sequence=1 anggraeni, anggita, ‘penal mediation as alternative dispute resolution: a criminal law reform in indonesia’, journal of law and legal reform, 1.2 (2020), 369–80 https://doi.org/https://doi.org/10.15294/jllr.v1i2.35406 badriyah, siti malikhatun, ‘penemuan hukum (rechtsvinding) dan penciptaan hukum (rechtsschepping) oleh hakim untuk mewujudkan keadilan’, https://www.jhcls.org/index.php/jhcls https://doi.org/10.20884/1.jdh.2016.16.1.489 https://doi.org/10.15294/ijicle.v2i1.37324 https://doi.org/10.1080/23311886.2021.2009167 https://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/518/18pacrimlpolyj1.pdf?sequence=1 https://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/518/18pacrimlpolyj1.pdf?sequence=1 https://doi.org/https:/doi.org/10.15294/jllr.v1i2.35406 issn 2807-2812 journal of human rights, culture and legal system 147 vol. 2, no. 3, november 2022, pp. 139-148 rian saputra, et.al, (the court online content …) masalah-masalah hukum, 40.3 (2011), 384-392–392 https://doi.org/10.14710/mmh.40.3.2011.384-392 davis, peter alexander earls, ‘decrypting australia’s “anti-encryption” legislation: the meaning and effect of the “systemic weakness” limitation’, computer law and security review, 44.september 2018 (2022), 105659 https://doi.org/10.1016/j.clsr.2022.105659 diffie, whitfield, and susan landau, privacy on the line the politics of wiretapping and encryption (cambridge, massachusetts: massachusetts institute of technology press, 2007) https://doi.org/10.1080/0731129x.2013.817070 dubinsky, william, daniel a. farber, and philip p. frickey, law and public choice: a critical introduction, michigan law review, 1992, xc https://doi.org/10.2307/1289429 de gregorio, giovanni, ‘democratising online content moderation: a constitutional framework’, computer law and security review, 36 (2020), 105374 https://doi.org/10.1016/j.clsr.2019.105374 gregorio, giovanni de, ‘digital constitutionalism in europe reframing rights and powers in the algorithmic society’, gastronomía ecuatoriana y turismo local., 1.69 (1967), 5–24 https://doi.org/10.1080/0731129x.2013.817070 karmawan, ‘mediation in the religious courts of indonesia’, ahkam: jurnal ilmu syariah, 20.1 (2020), 79–96 https://doi.org/10.15408/ajis.v20i1.13249 koppl, roger, and meghan sacks, ‘the criminal justice system creates incentives for false convictions’, criminal justice ethics, 32.2 (2013), 126–62 https://doi.org/10.1080/0731129x.2013.817070 lisdiyono, edy, ‘improving legal argument critically in the litigation mechanism in indonesia (an empirical study of environmental verdicts)’, sriwijaya law review, 1.1 (2017), 64–73 https://doi.org/10.28946/slrev.vol1.iss1.10.pp080-092 marsden, chris, trisha meyer, and ian brown, ‘platform values and democratic elections: how can the law regulate digital disinformation?’, computer law and security review, 36 (2020), 105373 https://doi.org/10.1016/j.clsr.2019.105373 melenko, oksana, ‘mediation as an alternative form of dispute resolution: comparative-legal analysis’, european journal of law and public administration, 7.2 (2021), 46–63 https://doi.org/10.18662/eljpa/7.2/126 meyer, emilio peluso neder, digital constitutionalism, constitutional erosion in brazil, 2021 https://doi.org/10.5040/9781509941971.ch-007 naibaho, nathalina, harkristuti harkrisnowo, suhariyono ar, and andri wibisana, ‘criministrative law: developments and challenges in indonesia’, indonesia law review, 11.1 (2021) https://doi.org/10.15742/ilrev.v11n1.647 najih, mokh, and fifik wiryani, ‘learning the social impact of corruption: a study of legal policy and corruption prevention in indonesia and malaysia’, journal of social studies education research, 11.4 (2020), 175–89 https://doi.org/10.1080/0731129x.2013.817070 https://www.jhcls.org/index.php/jhcls https://doi.org/10.14710/mmh.40.3.2011.384-392 https://doi.org/10.1016/j.clsr.2022.105659 https://doi.org/10.1080/0731129x.2013.817070 https://doi.org/10.2307/1289429 https://doi.org/10.1016/j.clsr.2019.105374 https://doi.org/10.1080/0731129x.2013.817070 https://doi.org/10.15408/ajis.v20i1.13249 https://doi.org/10.1080/0731129x.2013.817070 https://doi.org/10.28946/slrev.vol1.iss1.10.pp080-092 https://doi.org/10.1016/j.clsr.2019.105373 https://doi.org/10.18662/eljpa/7.2/126 https://doi.org/10.5040/9781509941971.ch-007 https://doi.org/10.15742/ilrev.v11n1.647 https://doi.org/10.1080/0731129x.2013.817070 148 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 139-148 rian saputra, et.al, (the court online content …) pradityo, randy, ‘restorative justice dalam restorative justice in juvenile justice system’, jurnal hukum dan peradilan, 5.3 (2016), 319–30 https://doi.org/10.25216/jhp.5.3.2016.319-330 prasetyo, ngesti, moh fadli, tunggul sn, and muchamad safaat, ‘the politics of indonesias decentralization law based on regional competency’, brawijaya law journal, 8.2 (2021), 159–84 https://doi.org/10.21776/ub.blj.2021.008.02.01 raskolnikov, alex, ‘crime and punishment in taxation: deceit, deterrence, and the self-adjusting penalty’, columbia law review, 106 (2006), 569–642 https://doi.org/10.1080/0731129x.2013.817070 rian saputra and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022), 1–13 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.21 saputra, rian, muhammad khalif ardi, pujiyono pujiyono, sunny ummul firdaus, universitas slamet riyadi, and universitas sebelas maret, ‘reform regulation of novum in criminal judges in an effort’, jils (journal of indonesian legal studies), 6.2 (2021), 437–82 https://doi.org/https://doi.org/10.15294/jils.v6i2.51371 syahrial haq, hilman, nasri nasri, khudzaifah dimyati, and absori absori, ‘the institutionalization of community mediation for resolving merarik marriage disputes in sasak community’, jurnal media hukum, 26.1 (2019), 1–10 https://doi.org/10.18196/jmh.20190118 waye, vicki, and ping xiong, ‘the relationship between mediation and judicial proceedings in china’, asian journal of comparative law, 6.1 (2011) https://doi.org/10.2202/1932-0205.1312 you, chuanman, ‘law and policy of platform economy in china’, computer law and security review, 39 (2020), 105493 https://doi.org/10.1016/j.clsr.2020.105493 https://www.jhcls.org/index.php/jhcls https://doi.org/10.25216/jhp.5.3.2016.319-330 https://doi.org/10.21776/ub.blj.2021.008.02.01 https://doi.org/10.1080/0731129x.2013.817070 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.21 https://doi.org/https:/doi.org/10.15294/jils.v6i2.51371 https://doi.org/10.18196/jmh.20190118 https://doi.org/10.2202/1932-0205.1312 https://doi.org/10.1016/j.clsr.2020.105493 journal of human rights, culture and legal system, volume 1, no. 2, 2021 71 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). research article oil and natural gas management policy in realizing equal energy in indonesia fatma ulfatun najicha1 1 fakultas hukum universitas sebelas maret, surakarta, indonesia  fatmanajicha_law@staff.uns.ac.id abstract in its development, the management of oil and gas in indonesia has undergone several policy developments. the enactment of law number 22 of 2001 concerning oil and gas has become a new chapter in the regulation of oil and gas in indonesia. this law wants to emphasize that national development must be directed to the realization of people's welfare by carrying out reforms in all fields of national and state life. this article finds that the law has affirmed the objectives of natural gas management to increase state income, create jobs, improve the welfare and prosperity of the people in a just and equitable manner, and maintain the environmental sustainability. however, gas management must be carried out carefully and should be free from liberalization schemes that can bring about social injustice and failure to achieve people's welfare. the constitutional court's decision, which has annulled the articles in the law, is imperative to do the legal reconstruction by ensuring laws that create happiness for the people. keywords: oil and natural gas, equal energy, management policy. introduction energy use in indonesia is still dominated by the use of non-renewable energy derived from fossils, especially oil and coal1, however, over time, the availability of fossil energy is running low, and to anticipate this, new and renewable energy (ebt) is the best alternative.2 the use of new and renewable energy must be the primary concern of the indonesian government not only as an effort to reduce the use of fossil energy but also to realize clean or environmentally friendly energy.3 the wealth of energy resources in indonesia is controlled by the state as regulated in the constitution, namely in article 33 paragraph (3) of the 1945 constitution, which reads, "earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity. the people". strictly speaking, article 33 paragraph (3) of the 1945 constitution of the republic of indonesia contains 3 (three) 1muhammad azhar, the new renewable energy consumption policy of rare earth metals to build indonesia's national energy security, conference guidelines the 1 st sriwijaya internasional conference on environmental issues, di hotel horison ultima, palembang, indonesia, 26 – 27 september 2018, p. 86. 2 biro komunikasi, layanan informasi publik dan kerja sama kementerian energi dan sumber daya mineral, jurnal energi : program strategis ebtke dan ketenagalistrikan, edisi 02, 2016, p. 9. 3 aan jaelani, renewable energy policy in indonesia: the qur’anic scientific signals in islamic economics perspective, international journal of energy economics and policy, vol.7 no.4, 2017, p. 193. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ 72 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). essential elements, namely:4 1. substance (natural resources); 2. status (controlled by the state); 3. purpose (for the greatest prosperity of the people). based on the constitution, the existence of control and exploitation of natural resources, which are fundamental to the life of the nation and state, is carried out by the state.5 the people are collectively constructed by the 1945 constitution giving a mandate to the state to carry out policies (beleid) and management actions (bestuursdaad), regulation (regelendaad), management (beheersdaad), and supervision (toezichthoudensdaad) for the greatest prosperity of the people.6 therefore, all energy sources must be controlled by the state and must be used and managed optimally for the greatest prosperity of the indonesian people in order to realize one of the ideals of the indonesian nation, namely promoting the general welfare. the law of the republic of indonesia number 22 of 2001 concerning oil and gas (state gazette of the republic of indonesia of 2001 number 136, supplement to the state gazette of the republic of indonesia number 4152), which was enforced at the time of its promulgation on november 23, 2001, is a new chapter in the regulation oil and gas in indonesia. previously, the regulation regarding oil and gas was regulated by law number 44 government regulation 1960 concerning oil and gas mining (state gazette of 1960 number 133, supplement to state gazette number 2070). with various national and international developments, changes to the law are carried out to create independent, reliable, transparent, competitive, efficient, environmentally friendly oil and gas business activities and encourage national potential and roles. with these considerations, it is hoped that the issuance of the law will answer the welfare of the community. all-natural resources must be used for the greatest prosperity of the people. its management must also answer the concept of social justice. several considerations in this law, among others: first, national development must be directed to realize people's welfare by carrying out reforms in all fields of national and state life based on pancasila and the 1945 constitution. second, oil and gas are natural resources, non-renewable strategies controlled by the state, and vital commodities that control the lives of many people and have an essential role in the national economy so that their management must maximize the prosperity and welfare of the people. third, oil and gas business activities have an essential role in providing real added value to increasing and sustainable national economic growth. research method this type of research is normative legal research, which is conducted to find solutions to legal problems, so the results of this study are conducted to provide a prescription of what should be about the problems raised and can be applied in legal practice. the approaches used in this study include the statute approach, the conceptual approach, and the analytical approach. the statute approach is carried out by examining all laws and regulations relating to the legal 4 zen umar purba, kepentingan negara dalam industri perminyakan indonesia, hukum internasional, konstitusi dan globalisasi, jurnal hukum internasional vol.4 no.2, januari 2007, lembaga pengkajian hukum internasional, fh universitas indonesia, halaman 257-258. 5 ahmad redi, hukum pertambangan indonesia, jakarta: gramata publishing, 2014, p. 3. 6 komisi yudisial republik indonesia, kompilasi putusan pengujian uu oleh mk : putusan yang dikabulkan tahun 2003 – 2015, jakarta: biro rekrutmen, advokasi, dan peningkatan kapasitas hakim, komisi yudisial republik indonesia, 2015, p. 1009. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 73 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). issues being studied. researchers need to look for legis ratios and the ontological basis for the birth of laws on natural resource management both oil and gas and minerals. capturing the philosophical content that is behind it. understanding the philosophical content behind the law, will be able to conclude whether or not there is a philosophical conflict between the law and the issues at hand. the conceptual approach moves from the views and doctrines that develop in the science of law. with the conceptual approach (conceptual approach), researchers will find ideas that give birth to legal notions, legal concepts, and legal principles that are relevant to the issue at hand. understanding of these views and doctrines is the basis for researchers in developing a legal argument in solving the issues at hand. the analytical approach (analitical approach) is useful for interpreting logically, systemically and consistently where a more detailed and indepth study of data is collected. secondary data collected in this study is processed, analyzed and concluded conclusions using a judicial jurisdiction method. finding and discusion government policy in the form of policy regulations according to administrative law according to the dutch indonesian general dictionary, the word beleid' means policy. in the dutch literature, various terms are used to denote policy regulations, including pseudowetgeving, spiegelrecht, and beleidsregel.7 the big indonesian dictionary provides the meaning of the word "policy" as follows:8 in indonesian legislation, the word policy is mentioned in law number 25 of 2004 concerning the national development planning system, precisely in article 1 number 15, which reads, "policy is a direction/action taken by the central/regional government to achieve goals." according to p.j.p tak, as quoted by s.f marbun, the definition of policy regulation is: 9: “beleidsregels zijn algemene regel die een bestuursinstantie stelt omtrent de uitoefening van ee bestuursbevoegheid jegens de burgers of een andere bestuursinstantie en voor welke regelstelling de grondwet nochde formele wet direct een uitdrukkelijke gronslag biedien beleidsregels berusten dus niet op een bevoegdheid tot wetgeving en kunnen daarom ook geen algemeen verbindende voorschriften zijnmaar op een bestuursbevoedg heid van een bestuursorgaan en betreffen de uitoefening van die bevoegdheden.” [policy regulations are general regulations issued by government agencies regarding government authority over citizens or against other government agencies. such laws do not have a firm basis in the constitution and formal laws, either directly or indirectly. this means that policy regulations are not based on the authority to make laws and therefore do not include statutory regulations that are binding on the general public but are placed on the authority of the government, an organ of state administration, and are closely related to the implementation of the government] 7 hotma, p. sibuea, asas negara hukum, peraturan kebijakan & asas-asas umum pemerintahan yang baik, jakarta : penerbit erlangga, 2010, p.101 8 departemen pendidikan nasional, kamus besar bahasa indonesia pusat bahasa, jakarta: gramedia pustaka utama, 2008, p. 190. 9 s.f marbun, op.cit, p. 174. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ 74 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). the daily implementation of government shows how state administrative bodies or officials often take specific policy steps, including creating what is now often called policy regulation (beleidsregel, policy rule).10 a policy regulation is essentially a product of state administrative actions aimed at "naar buiten gebracht schriftelijk beleid (showing out a written policy)" but without being accompanied by the authority to make regulations the state administrative agency or official that creates the regulation needs.11 state administration officials create policy regulations to carry out government duties, which is a consequence of the welfare state, which imposes a vast task on the government to organize the welfare of the people (welfare state).12 this policy regulation provides an opportunity for an agency or state administration official to carry out government authority (beschikking bevoegheid) in the context of carrying out government tasks. in its implementation, policy regulations can be tested by looking at their characteristics. in short, van kreveld argues that policy regulations have the following characteristics:13 1. the regulation, directly or indirectly, is not based on the provisions of the wet formele or the grondwet, which gives them authority to regulate. in other words, it does not have a firm legal basis in wet. 2. the regulation may: a). unwritten, then there are a series of decisions of independent government agencies in the context of carrying out government authorities that are not related: b) firmly stipulated in writing by a government agency. 3. the regulation generally indicates how a government agency will exercise the government's authority, which is not bound, towards every person in the situation as stated in the regulation. like van kreveld, bagir manan, as quoted by s.f. marbun, also stated several policy regulations' characteristics:14 a. policy regulations are not statutory regulations; b. the principles of limitation and testing of statutory regulations cannot be applied to policy regulations; c. policy regulations cannot be tested wetmatigheidly because there is no basis for statutory regulations to make such policy regulations; d. policy regulations are made based on freies ermessen and the absence of the relevant administrative authority to make laws and regulations; e. the examination of the rules of wisdom is more left to doelmatigheid so that the touchstone is the general principles of good governance; f. in practice, it is given a format in various forms and types of rules, namely decisions, instructions, circulars, announcements, etc., and can even be found in regulations. in relation to the form, van kreveld stated that "policy regulations" can be expressed in various forms, such as lines of wisdom (beleidslipijnen), wisdom (het beleid), regulations 10 philipus m. hadjon, pengantar hukum admninistrasi indonesia, yogyakarta : gadjah mada university press, 1999, p. 152. 11 philipus m. hadjon, loc.cit. 12 hotma, p. sibuea, op.cit, p. 104. 13 hotma, p. sibuea, op.cit, p. 104. 14 s.f, marbun, op.cit., p. 175 https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 75 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). (voorschriften), guidelines (rechtlijnen), instructions (regelingen), circulars ( circularies), resolutions (resoluties), instructions (aanschrijvingen), policy notes (beleids-nota's), ministerial regulations (reglemens ministriele), decisions (beschikkingen), announcements (en bekendmakingen)15. in addition, according to phillip m. hadjon's opinion, there are policy regulations in the form of announcements, guidelines, circulars, technical instructions (juniors), and implementation instructions (juklak), and so on.16 oil and gas management policy in indonesia as mandated by the constitution, article 33 paragraph (1) of the 1945 constitution is the basis of economic democracy. therefore, for a country with the principle of being a state based on the law (rechtsstaat), this provision is an imperative demand normatively. imperatively, with the stipulation of article 33 of the 1945 constitution, a firm national policy has been outlined to carry out economic and social transformation. likewise, the management of oil and gas has gone through an economic transformation through the laws and regulations established in implementing the constitutional mandate. in each of these transformations, oil and gas management forms the implementing agency and the system used. usually, the formation of a statutory regulation comes from an authority, both attribution, and delegation. 17 by understanding the principles regarding the laws and regulations, particularly on the function, the basis of authority, and the substance of the content (substance), it is seen that; (1) the function of legislation is essential to carry out legislative functions. (2) then viewed from the basis of the authority comes from attribution and delegation. (3) as seen from the content (substance), the legislation contains provisions that regulate the basic order of community life, which can reduce, limit the human rights of citizens, contain orders/prohibitions, and can contain criminal sanctions and other sanctions.18 the implementation of the national oil and gas industry relies on a solid and quality legal basis. by looking at the legal basis of the stages of the implementation of the oil and gas industry, the authors of this study take the following rationale: 1. principles of formation of legislations the principles for the formation of laws and regulations are guidelines or signs in the formation of good laws and regulations, which are also formulated in law number 12 of 2011 concerning the establishment of legislations formulated as follows:19 a) clarity of purpose; b) appropriate institutions or forming organs; c) the suitability of the type and material of the load; d) can be implemented; e) usability and effectiveness; f) clarity of formulation; and g) openness. 15 s.f, marbun, op.cit, p. 176. 16 hotma, p. sibuea, op.cit, p. 107. 17 yuliandri. azas-azas pembentukan peraturan perundang-undangan yang baik.pt rajagrafindo persada. jakarta. 2010, p. 43 18 ibid. p. 44 19 pasal 5 undang-undang nomor 12 tahun 2011 tentang pembentukan peraturan perundangundangan. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ 76 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). according to philipus m. hadjon, he explained that the general principles of establishing good legal rules serve as a basis for testing in the formation of applicable legal rules (formal tests) and as a basis for testing applicable legal rules (material tests). then a. hamid s. attamimi explained that the principles of the formation of appropriate laws and regulations functioned to provide guidelines and guidance for the pouring of the contents of the regulations into the appropriate form and structure, so that appropriate use of the method of formation and following the process and predetermined formation procedure.20 the word law formation is a series of words that can be interpreted as the process of making laws whose framework starts from planning, preparation, drafting techniques, formulation, discussion, ratification, promulgation, and dissemination. 2. roles and functions of the special task force for upstream oil and gas activities (skk migas) the dissolution of the executive agency for upstream oil and gas business activities (bp migas) through the constitutional court decision number 36/puux/2012 on november 13, 2012, created a regulatory vacuum in oil management and gas in the fields of exploitation and exploration. previously, the executive agency for upstream oil and gas business activities (bp migas) was an independent institution established by the government of the republic of indonesia on july 16, 2002, as the supervisor and supervisor of cooperation contract contractors (kkks) in carrying out exploration, exploitation and marketing activities for indonesia's oil and gas. by adjusting to the globalization of the financial industry, the government enacted law number 22 of 2001 concerning oil and gas, in order to organize oil and gas mining in indonesia in an orderly manner and maintain legal certainty, as well as carry out the mandate of article 33 paragraph (3) of the law. 1945 constitution of the republic of indonesia.21 with the establishment of bp migas through law number 22 of 2001 concerning oil and gas and government regulation number 42 of 2002 concerning the implementing agency for upstream oil and gas business activities, the problem of supervising and fostering cooperation contract activities previously carried out by pertamina was subsequently handled, directly by bp migas as a representative of the government.22 moreover, after the decision, taking into account, there are still 353 contracts, cooperation contracts, and oil and gas sales contracts, which will cause losses to the state to reach rp300 trillion per year.23 moreover, to fill the void of regulators in the management of oil and gas, both in the fields of exploitation and exploration, the government formed a particular temporary work unit called skk migas. the special task 20 a. hamid s. atamimi, disertasi, universitas indonesia, jakarta. 1990 peranan keputusan presiden indonesi dalam penyelenggaraan pemerintah negara,dikutip oleh yuliandri. azas-azas pembentukan peraturan perundang-undangan yang baik. pt rajagrafindo persada. jakarta. 2010, p. 14 21 i. g. rai widjaya, hukum perusahaan dan undang-undang dan peraturan pelaksanaan di bidang usaha, kesaint blanc, jakarta, 2003, p. 12 22 wikipedia bahasa indonesia. badan pelaksana kegiatan usaha hulu minyak dan gas bumi pada http://id.wikipedia.org/wiki/badan_pelaksana_kegiatan_usaha_hulu_minyak_dan_gas_bumi#wewenang_bpm igas 23 hukum_online_pemerintah_jamin_bisnis_migas dalam http://www.hukumonline.com/ berita/baca/lt50a7c28fde2c3/pemerintah-jamin-bisnis-migas https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ http://id.wikipedia.org/wiki/badan_pelaksana_kegiatan_usaha_hulu_minyak_dan%20_gas_bumi#wewenang_bpmigas http://id.wikipedia.org/wiki/badan_pelaksana_kegiatan_usaha_hulu_minyak_dan%20_gas_bumi#wewenang_bpmigas http://id.wikipedia.org/wiki/badan_pelaksana_kegiatan_usaha_hulu_minyak_dan%20_gas_bumi#wewenang_bpmigas http://www.hukumonline.com/%20berita/baca/lt50a7c28fde2c3/pemerintah-jamin-bisnis-migas http://www.hukumonline.com/%20berita/baca/lt50a7c28fde2c3/pemerintah-jamin-bisnis-migas journal of human rights, culture and legal system, volume 1, no. 2, 2021 77 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). force for upstream oil and gas business activities (skk migas) is an institution established by the government through presidential regulation number 9 of 2013 concerning the management of upstream oil and gas business activities. skk migas is tasked with managing upstream oil and gas business activities based on the cooperation contract. the establishment of this institution is intended so that the extraction of stateowned oil and gas natural resources can provide maximum benefits and revenues for the state for the greatest prosperity of the people.24 in carrying out these duties, skk migas carries out the following functions:25 a. give consideration to the minister of energy and mineral resources on his discretion in terms of preparation and bidding of working areas and cooperation contracts; b. carry out the signing of the cooperation contract; c. reviewing and submitting a field development plan which will first be produced in a work area to the minister of energy and mineral resources for approval; d. give approval for development plans other than those referred to in the previous point; e. provide approval of work plans and budgets; f. carry out monitoring and reporting to the minister of energy and mineral resources regarding the implementation of the cooperation contract; and g. appoint a seller of oil and/or natural gas share of the state who can provide the maximum benefit to the state. 3. decision of the constitutional court number 36/puu-x/2012 concerning the review of law number 22 of 2001 concerning oil and gas a. decision number 002/puu-i/2003, which was decided on december 21, 2004 b. decision number 20/puu-v/2007, which was decided on december 17, 2007 c. decision number 36/puu-x/2012, which was decided on november 13, 2012 in 2012 ten islamic community organizations and 32 individuals led by prof. dr. h.m. din syamsudin, m.a., general chairperson of muhammadiyah proposed a review of the oil and gas law. the petitioner is of the opinion that the establishment of bp migas with the 2001 oil and gas law has reduced the role of the state in natural resources, which has resulted in the violation of article 33 of the 1945 constitution of the republic of indonesia.26 in the decision of the constitutional court number 36/puu-x/2012, the constitutional court stated: a) phrases with the implementing body in article 11 paragraph 1, phrases through the implementing body in article 20 paragraph 2, phrases based on considerations from the implementing body and in article 21 paragraph 1, phrases for implementing bodies and in article 49 of law number 22 year 2001 concerning oil and gas natural gas has no binding legal force; b) all matters relating to the implementing body in the explanation of law number 22 of 2001 concerning oil and gas are contrary to the 1945 constitution of the republic of indonesia; 24 wikipedia bahasa indonesia. satuan kerja khusus pelaksana kegiatan usaha hulu minyak dan gas bumi http://id.wikipedia.org/wiki/satuan_kerja_khusus_pelaksana_kegiatan_usaha_hulu_minyak_dan_gas_bumi 25 ibid 26 simon butt dan fritz edward siregar. analisis kritik putusan mahkamah konstitusi nomor 26/puu-x/2012. mimbar hukum. vol 25 nomor 1 februari 2013 p. 2 https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ http://id.wikipedia.org/wiki/satuan_kerja_khusus_pelaksana_%20kegiatan_usaha_hulu_minyak_dan_gas_bumi http://id.wikipedia.org/wiki/satuan_kerja_khusus_pelaksana_%20kegiatan_usaha_hulu_minyak_dan_gas_bumi 78 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). c) all matters relating to the implementing body in the elucidation of law number 22 of 2001 concerning oil and gas do not have binding legal force; and d) the functions and duties of the implementing body for upstream oil and gas business activities are carried out by the government cq the relevant ministries until the promulgation of a new law that regulates this matter. in the decision, the constitutional court believes that based on the constitution, the first and foremost form of control lies with the state by direct management of oil and gas, secondlevel state control, namely the state makes policies and management, and third-level state control, namely the state carries out regulatory and supervisory functions. however, the oil and gas law stipulates that bp migas as a government organ only carries out the function of controlling and supervising the management of oil and gas, while direct oil and gas management in the upstream sector is carried out by state-owned enterprises and non-state-owned enterprises based on the principles of fair, efficient and transparent business competition. . this means that the relationship between bp migas as a representation of the state and these business entities in oil and gas management has degraded the meaning of state control over natural oil and gas resources so that the state cannot exercise its authority in the management function of oil and gas management to achieve the greatest prosperity of the people. this relationship is contrary to the constitutional mandate as regulated in article 33 of the 1945 constitution. in addition, according to the constitutional court, state control of oil and gas will be effective if the government directly holds the function of regulation and policy (policy) without being added to the formation of bp migas so that all aspects of state control mandated by article 33 of the 1945 constitution are implemented. the management of oil and gas natural resources must be in the form of state organization based on efficient bureaucratic rationality and does not create opportunities for abuse of power. this is related to the existence of bp migas and the pattern of relationships in it, so bp migas has the potential for inefficiency and is suspected, in practice, has opened up opportunities for abuse of power so that the existence of bp migas is unconstitutional, contrary to the state's objectives regarding natural resource management in organizing the government. so far, there is no evidence of abuse of power within bp migas, but the existence of bp migas is unconstitutional because it is based on the constitutional court decision number 006/puu-iii/2005 dated 31 may 2005 and the constitutional court decision number 11/puu-v/2007 dated 20 september 2007, something that has the potential to violate the constitution can also be decided by the court as a case of constitutionality.27 conclusion in its development, the management of oil and gas in indonesia has undergone several policy developments. before indonesia's independence, the dutch east indies colonial government had discovered, explored, and exploited oil and natural gas from indonesia by establishing a dutch government-owned company (the royal dutch and batafsche petroleum 27 shantika putusan mk atas uji materi undang-undang migas pada http://shantidk.wordpress.com/2012/12/12/putusan-mk-atas-uji-materi-uu-migas/ diakses pada hari minggu tanggal 27 april 2020 pada pukul 20.13 wib. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ http://shantidk.wordpress.com/2012/12/12/putusan-mk-atas-uji-materi-uu-migas/ http://shantidk.wordpress.com/2012/12/12/putusan-mk-atas-uji-materi-uu-migas/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 79 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). maatschappij). based on the explanation in the previous section, many vital conclusions are: first, basically, the purpose of natural gas management is to not only ensure the effectiveness of the implementation and control of business activities but also to support and develop national capabilities to be able to compete at the national, regional and international levels. another goal is to increase state income, create jobs, and improve people's welfare and prosperity in a just and equitable manner while maintaining environmental sustainability. second, the concept of gas management must be carried out carefully and should be free from liberalization schemes that can bring about social injustice and failure to achieve people's welfare. third, with some constitutional court decisions that have annulled the articles in the law, it is imperative to do legal reconstruction. however, this process must ensure the existence of laws that create happiness for its people, as in the preamble of the 1945 constitution, the purpose of the indonesian state is to protect all of indonesia's bloodshed, promote public welfare, educate the nation's life, and participate in carrying out world order. refercens a. hamid s. atamimi, disertasi, universitas indonesia, jakarta. 1990 peranan keputusan presiden indonesi dalam penyelenggaraan pemerintah negara,dikutip oleh yuliandri. azas-azas pembentukan peraturan perundang-undangan yang baik. pt rajagrafindo persada. jakarta.2010, hlm 14 aan jaelani, renewable energy policy in indonesia: the qur’anic scientific signals in islamic economics perspective, international journal of energy economics and policy, vol.7 no.4, 2017, hlm. 193. ahmad redi, hukum pertambangan indonesia, jakarta: gramata publishing, 2014, hlm. 3. biro komunikasi, layanan informasi publik dan kerja sama kementerian energi dan sumber daya mineral, jurnal energi : program strategis ebtke dan ketenagalistrikan, edisi 02, 2016, hlm. 9. departemen pendidikan nasional, kamus besar bahasa indonesia pusat bahasa, jakarta: gramedia pustaka utama, 2008, hlm. 190. hotma, p. sibuea, asas negara hukum, peraturan kebijakan & asas-asas umum pemerintahan yang baik, jakarta : penerbit erlangga, 2010, hlm.101 i. g. rai widjaya, hukum perusahaan dan undang-undang dan peraturan komisi yudisial republik indonesia, kompilasi putusan pengujian uu oleh mk : putusan yang dikabulkan tahun 2003 – 2015, jakarta: biro rekrutmen, advokasi, dan peningkatan kapasitas hakim, komisi yudisial republik indonesia, 2015, hlm. 1009. muhammad azhar, the new renewable energy consumption policy of rare earth metals to build indonesia's national energy security, conference guidelines the 1st sriwijaya internasional conference on environmental issues, di hotel horison ultima, palembang, indonesia, 26 – 27 september 2018, hlm. 86. nomor 26/puu-x/2012. mimbar hukum. vol 25 nomor 1 februari 2013 hlm 2 pelaksanaan di bidang usaha, kesaint blanc, jakarta, 2003, hlm 12 philipus m. hadjon, pengantar hukum admninistrasi indonesia, yogyakarta : gadjah mada university press, 1999, hlm. 152. s.f marbun, op.cit, hlm. 174. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ 80 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.8 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). shantika putusan mk atas uji materi undang-undang migas pada http://shantidk.wordpress.com/2012/12/12/putusan-mk-atas-uji-materi-uu-migas/ diakses pada hari minggu tanggal 27 april 2020 pada pukul 20.13 wib. simon butt dan fritz edward siregar. analisis kritik putusan mahkamah konstitusi undang-undang nomor 12 tahun 2011 tentang pembentukan peraturan perundangundangan. wojowasito, kamus umum belanda indonesia, jakarta: ichtiar baru – van hoeve, 1995, hlm.66 yuliandri. azas-azas pembentukan peraturan perundang-undangan yang baik.pt rajagrafindo persada. jakarta. 2010, hlm 43 zen umar purba, kepentingan negara dalam industri perminyakan indonesia, hukum internasional, konstitusi dan globalisasi, jurnal hukum internasional vol.4 no.2, januari 2007, lembaga pengkajian hukum internasional, fh universitas indonesia, halaman 257-258. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.8 http://creativecommons.org/licenses/by/4.0/ http://shantidk.wordpress.com/2012/12/12/putusan-mk-atas-uji-materi-uu-migas/ http://shantidk.wordpress.com/2012/12/12/putusan-mk-atas-uji-materi-uu-migas/ http://shantidk.wordpress.com/2012/12/12/putusan-mk-atas-uji-materi-uu-migas/ journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 167-177 167 https://doi.org/10.53955/jhcls.v2i3.43 journalhumanrightslegalsystem@gmail.com legal status of interfaith marriage in indonesia and its implications for registration bayu dwi widdy jatmikoa, , nur putri hidayaha* , samira echaibb* afaculty of law, university of muhammadiyah malang, indonesia. bdepartment of law, university of abdellah morsli, algeria. * corresponding author: nurputri@umm.ac.id 1. introduction the state policy that provides an opportunity for all citizens to obtain legal recognition and protection for all their rights and obligations as citizens, has demanded further consequences for the policy, namely the availability of various laws and regulations that regulate various dimensions of national and state life in all fields. on the one hand, it will be able to affirm indonesia's position as a country of law (article 1 paragraph 3 of the 1945 constitution), but on the other hand, it also demands a policy that must reflect justice for all citizens as a follow-up to the embodiment of the spirit of the second precept of pancasila (article 28d paragraph (1) of the 1945 constitution), which is sometimes very complicated in its fulfillment. the problems that surround citizens are actually very many and complex, one of which is that always cannot be separated from the nature of citizen life as a human being is related to marriage. as a country of law, indonesia has regulated marriage in law number 1 of 1974 concerning marriage, which affirms that: "marriage is an a r t i c l e i n f o a b s t r a c t article history received: march 12, 2022 revised: november 12, 2022 accepted: november 17, 2022 indonesia's marriage law prohibits interfaith unions. however, this provision has not yet taken effect. this study aims to find out how the legal status of marriage is different religions and how the recording provisions are valid in the eyes of the law. this research uses normative legal research methods, with a regulatory approach and data presentation in the form of descriptive analysis. the results of the research show that, first, regarding legal status, interfaith marriage is invalid in the eyes of the law, because it is contrary to the provisions of law on marriage. however, based on the supreme court's decision couples of different faiths can request a court determination, henceforth to continue to carry out the marriage according to the beliefs held by each bride and groom. second, regarding the registration of marriages for interfaith marriages, the bride and groom record them with the civil registry office and will be recorded as non-islamic marriages. this is an open-access article under the cc–by 4.0 license. keywords legal status; interfaith marriage; marriage registration https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:nurputri@umm.ac.id https://creativecommons.org/licenses/by/4.0/ 168 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) inner birth bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the one true godhead". from the provisions on marriage, in general, basically every citizen, both male and female, who naturally needs a family, has a relationship of affection, and has a desire to live happily, gets the opportunity to form a family through marriage institutions.1. although there is a prerequisite that is specifically the main pressing point in human marital life, namely eternal based on belief in the one true god, which belief is a central and substantial feature of a religion and belief. the provisions on the beliefs underlying marriage in article 1 of law no. 1 of 1974, then get firmness through the formulation in the next article which reads: "marriage is valid if it is carried out according to the laws of each religion and belief.".2 which provision seeks to provide affirmation in the context of legal certainty of marriage, that in substance the religion of the bride and groom must be the same and will have invalid status if the religion and beliefs are different. the marriage to be carried out is carried out by the bride and groom who are muslim, then further arrangements specifically can be found in the presidential instruction of the republic of indonesia number 1 of 1991 concerning the compilation of islamic law, which confirms related to the marital status that he will do if the marriage partner has a different religion and / or belief. for example, article 40 of the compilation of islamic law is affirmed that a man who is muslim is prohibited from marrying a woman who is not muslim. the opposite provision is also stipulated in article 44 of the compilation of islamic law that women who are muslims are prohibited from marrying men who are non-muslims. this is further confirmed in article 61 of the compilation of islamic law which states that interfaith marriages must be prevented and must not take place. referring to the marriage law and the compilation of islamic law, marriages among citizens held within the jurisdiction of the indonesian state are only possible to be carried out according to the same religion and beliefs. there needs to be a legal policy for marriages between adherents of different religions and beliefs. in fact, in addition to islam, the state through presidential decree no. 1 of 1965 concerning the prevention of abuse and/or blasphemy and law no. 5 of 1969 (which has recognized all presidential determinations and regulations as laws) has recognized islam, hinduism, buddhism, christianity, catholicism and khong hu chu religion as official state-recognized religions. and the trust stream 3(the indigenous religion of the archipelago) has also been recognized in accordance with the decision of the constitutional court no. 97 / puu-xiv / 2016 dated 1pujiono pujiono, arif hidayat, and dewi sulistianingsih, ‘understanding and litera legis of marriage law in the millennial era for school children’, indonesian journal of advocacy and legal services, 3.2 (2021), 183–94 https://doi.org/10.15294/ijals.v3i2.45878 2santoso santoso, ‘hakekat perkawinan menurut undang-undang perkawinan, hukum islam dan hukum adat’, yudisia: jurnal pemikiran hukum dan hukum islam, 7.2 (2016), 412–34 https://doi.org/10.21043/yudisia.v7i2.2162 3hwian christianto, 'the significance of law no. 1/pnps/1965 for religious freedom', judicial journal, 6.1 (2013), 1–16 https://doi.org/10.29123/jy.v6i1.115 https://www.jhcls.org/index.php/jhcls https://id.wikipedia.org/wiki/agama_asli_nusantara https://doi.org/10.15294/ijals.v3i2.45878 https://doi.org/10.21043/yudisia.v7i2.2162 https://doi.org/10.29123/jy.v6i1.115 issn 2807-2812 journal of human rights, culture and legal system 169 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) november 7, 2017 jo presidential decree of the republic of indonesia number 6 of 2000 concerning the revocation of presidential instruction number 14 of 1967 concerning chinese religion, beliefs, and customs. meanwhile, the legal position of the cult of belief in god almighty, it needs to be stated that the right to embrace religion and belief is a basic right owned by indonesian citizens in the indonesian constitution and the 2017 decision of the constitutional court of the republic of indonesia.4 this is stated in article 28 e paragraph (2) of the 1945 nri constitution which reads: "everyone has the right to freedom of belief, expression of thoughts and attitudes, in accordance with his conscience". in article 28i paragraph (1) of the 1945 nri constitution which reads: "the right to life, the right not to be tortured, the right to freedom of mind and conscience, the right to religion, the right not to be enslaved, the right to be recognized as a person before the law, and the right not to be prosecuted on the basis of retroactive law are human rights that cannot be diminished under any circumstances". in article 29 of the 1945 constitution of the republic of indonesia which reads: "(1) the state is based on the one true godhead; (2) the state guarantees the freedom of each resident to embrace his own religion and to worship according to his religion and beliefs". thus, based on article 28 e paragraph (2), article 28 i paragraph (1) and article 29 of the 1945 constitution of the republic of indonesia, the state should recognize the religion professed by its citizens, including the flow of faith for those who adhere to it. in addition, with the decision of the constitutional court no. 97/puu-xiv/2016 dated november 07, 2017. because before the constitutional court decision no. 97/puu-xiv/2016 dated november 7, 2017, the identity card (ktp) could not fill in the religion column according to the belief to be written, it could only be given a strip mark/ cosponsored. after the constitutional court decision no. 97/puu xiv/2016 dated november 07, 2017, the religion column can be filled with the beliefs held by a person. the guarantee of recognition of trust for believers should still be recognized, this is stated in the first precept of pancasila "almighty godhead" as a basis that reflects tolerance for the freedom to embrace religion and belief.5 according to the official state approval of 6 religions (islam, hinduism, buddhism, christianity, catholicism and khong hu chu religion) and the official state recognition of belief in god, the marriage that can be carried out by indonesian citizens is a marriage carried out by adherents of religions and beliefs that have been officially recognized in the indonesian legal system. the marriage law, marriages among citizens held within the jurisdiction of the indonesian state will only be recognized as legal marriages if performed according to the same 4al qodar purwo sulistya and levina yustianingtyas, ‘protection of the civilian population as the implementation of the principle of discrimination’, audito comparative law journal (aclj), 1.2 (2020), 94–104 https://doi.org/10.22219/audito.v1i2.13753 5moh bhayu surya andhika, ‘perlindungan hukum terhadap hak konstitusional warga negara penganut kepercayaan’, syariati : jurnal studi al-qur’an dan hukum, 5.2 (2019), 283–92 https://doi.org/10.32699/syariati.v5i02.1198 https://www.jhcls.org/index.php/jhcls https://doi.org/10.22219/audito.v1i2.13753 https://doi.org/10.32699/syariati.v5i02.1198 170 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) religion and beliefs.6,7 it is necessary to give some notes, because marriages against the backdrop of religious differences are not allowed to take place,8 if then the marriage is still forced to take place between adherents of different religions and beliefs then the marital status is invalid, the marriage is essentially forbidden and contrary to the law. the opportunity to be recognized as a valid marriage, is to refer to the provisions in article 2 paragraph (2) of the pertkawinan law, which affirms: "each marriage is recorded according to the applicable laws and regulations".9 namely, all marriages carried out by indonesian citizens, whether carried out in the jurisdiction of indonesia or outside the jurisdiction of indonesia, must be registered for marriage, including for marriages carried out between adherents of different religions and beliefs.10 following up on the policy of requiring marriage registration, there are several things that must be understood, such as: first, marriages of fellow muslims are carried out in front of a marriage registrar from the office of religious affairs (kua). secondly, for intermarriage of religions other than islam, oleg religious figures are carried out according to the religion of the bride and groom, and registered with the civil registry office.11 marriage between two different brides is not a simple thing in indonesia. in addition to having to go through social and cultural frictions, the bureaucracy that must be passed is also convoluted. no wonder that many couples with different beliefs acompilation of islamic lawrnya choose to marry abroad. couples who decide to marry abroad will later get a marriage certificate from the country concerned or from the local representative of the republic of indonesia (kbri). upon returning to indonesia, they can register their marriage at the civil registry office to obtain a certificate of foreign marriage reporting.12 it does not mean that marriage with religious differences cannot be realized in the country. in fact, based on the supreme court's decision no. 1400 k/pdt/1986, couples of different faiths 6achmad rizqi syahbana, komariah, and sofyan arief, ‘pelaksanaan pembagian warisan dalam masyarakat adat osing (studi di desa adat kemiren kabupaten banyuwangi)’, indonesian law reform journal (ilrej), 1.1 (2021), 50–69 https://doi.org/10.22219/ilrej.v1i1.16124 7nur putri hidayah and komariah, ‘sosialisasi undang-undang nomor 16 tahun 2019 sebagai upaya penyadaran pemahaman hukum tentang usia minimum pernikahan’, jurnal pengabdian hukum indonesia, 3.2 (2021), 2016–2218 https://doi.org/10.15294/jphi.v3i2.44685 8dani setiawan, ‘inter-religious marriage: a controversial issue in indonesia’, contemporary issues on interfaith law and society, 1.1 (2022), 23–38 https://doi.org/10.15294/ciils.v1i1.56711 9rachmadi usman, ‘makna pencatatan perkawinan dalam peraturan perundang-undangan perkawinan di indonesia’, jurnal legislasi indonesia, 14.3 (2017), 255–74 https://doi.org/10.54629/jli.v14i3.80 10bing waluyo, 'the validity of marriage according to law number 1 of 1974 concerning marriage', journal of communication media for pancasila and civic education, 2.1 (2020), 193–99 https://doi.org/10.23887/jmpppkn.v2i1.135. 11agustin hanapi and edy yuhermansyah, ‘urgency of marriage registration for women and child protection in gayo lues district’, samarah: jurnal hukum keluarga dan hukum islam, 4.2 (2020), 528–44 https://doi.org/10.22373/sjhk.v4i2.7942 12sheanny scolastika and others, ‘keabsahan pencatatan perkawinan diluar indonesia berdasarkan peraturan perundang-undangan’, kertha wicara: e-journal ilmu hukum, 14.2 (2020), 139–46 https://doi.org/10.22225/kw.14.2.2020.139-146 https://www.jhcls.org/index.php/jhcls https://doi.org/10.22219/ilrej.v1i1.16124 https://doi.org/10.15294/jphi.v3i2.44685 https://doi.org/10.15294/ciils.v1i1.56711 https://doi.org/10.54629/jli.v14i3.80 https://doi.org/10.23887/jmpppkn.v2i1.135. https://doi.org/10.22373/sjhk.v4i2.7942 https://doi.org/10.22225/kw.14.2.2020.139-146 issn 2807-2812 journal of human rights, culture and legal system 171 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) can request a court determination. the jurisprudence states that the civil registry office may perform interfaith marriages because the job of the civil registry office is to record, not certify. however, not all civil registry offices are willing to accept interfaith marriages. 13 civil registry offices that are willing to accept interfaith marriages will later record the marriages as non-islamic marriages. couples can still choose to marry under the terms of their respective religions. the trick is to find religious leaders who have different perceptions and are willing to marry a partner according to their religious teachings, for example an islamic-style marriage contract and a christian blessing.14 however, this method is also not easy because it is rare for religious leaders and civil registry offices to want to marry couples of different faiths. a compilation of islamic law, the pathtera compilation of islamic law that is often used by couples of different religions in indonesia to legalize their marriage is temporarily subject to one of the religious laws. usually, the problem that arises is friction between families over whose beliefs are used for ratification.15 for example, a case based on the experience of dealing with interfaith marriages in the way of compilation of islamic lawr was experienced by mary anne ninyo, a catholic woman who married a protestant christian man on february 11, 2018 at st. joseph's matraman church, jaktim. she acompilation of islamic lawrnya chose to relent and submit to her husband's beliefs while performing the marriage. after all, she and her future husband at that time were still in the same way of worship and books, she thought. ninyo and her husband also agreed that they would not question the beliefs that their children would hold in the future as adults, as long as they were still within the scope of their beliefs. "it's up to my husband where i want to take me, as long as the goal is good," she said. like ninyo, widana made, who is hindu, also recounted her experience of arranging a marriage eight years ago with a muslim woman. his wife, yuliana prihandari, was willing to marry in a hindu way and performed the sudhi wadani (hindu conversion ceremony). after that, they took care of the administration to the indonesian hindu dharma parisadha (phdi). it was with this letter from phdi that made and yuli got a marriage certificate at the local civil registry office. mardalena hanifah shown that in principle marriage is an effort to legalize sexual relations and foster rights and obligations between men and women16. a legal marriage in the eyes of the law is a marriage that takes place between a man and a woman who are of the same faith17 and registered 18. between the bride and 13aulil amri, ‘perkawinan beda agama menurut hukum positif dan hukum islam’, media syari’ah: wahana kajian hukum islam dan pranata sosial, 22.1 (2020), 48–64 https://doi.org/10.22373/jms.v22i1.6719 14 amri. 15 amri. 16mardalena hanifah, ‘perkawinan beda agama ditinjau dari undang-undang nomor 1 tahun 1974 tentang perkawinan’, soumatera law review, 2.2 (2019), 297–308 https://doi.org/https://doi.org/10.22216/soumlaw.v2i2 17 santoso. 18 waluyo. https://www.jhcls.org/index.php/jhcls https://doi.org/10.22373/jms.v22i1.6719 https://doi.org/https:/doi.org/10.22216/soumlaw.v2i2 172 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) groom must be religious because it is closely related to the legal conditions of marriage referring to the provisions of their respective religions which basically require a common belief. 19however, facts on the ground show that interfaith marriages occur in indonesia.20 until now, there has been no research that discusses the legal status of marriage between men and women of different religions and how the recording provisions are valid in the eyes of the law. the purpose of this study is to analyze the legal status of interfaith marriages and to determine the marriage registration procedure for marriages based on different religions / beliefs carried out in indonesia, so that religious marriages are valid in the eyes of the law. 2. research method the method used in this study is a normative legal research method.21 to answer research problems, a statutory approach is used. the data used in this study are secondary data consisting of: first, primary legal issues, including the 1945 constitution, law no. 1 of 1974 concerning marriage, presidential instruction no.1/1991 concerning the compilation of islamic law (compilation of islamic law), and jurisprudence related to interfaith marriage; second, secondary law, which consists of books and journals that discuss marriage and marriage registration. the secondary data is qualitative, and is obtained through literature studies. the data are further analyzed and presented in the form of descriptive analysis. 3. results and discussion the state policy that provides an opportunity for all citizens to obtain legal recognition and protection for all their rights and obligations as citizens, has demanded further consequences for the policy, namely the availability of various laws and regulations that regulate various dimensions of national and state life in all fields. on the one hand, it will be able to affirm indonesia's position as a country of law (article 1 paragraph 3 of the 1945 nri constitution), but on the other hand, it also demands a policy that must reflect justice for all citizens as a follow-up to the embodiment of the spirit of the second precept of pancasila (article 28d paragraph (1) of the 1945 nri constitution), which is sometimes very complicated in its fulfillment. the problems that surround citizens are actually very many and complex, one of which cannot be separated from the nature of citizen life as a human being is to have a family through marriage that is recognized as valid, as then constitutionally recognized in article 28 b of the 1945 constitution. as a country of law, indonesia has regulated marriage in law number 1 of 1974 concerning marriage, which 19scolastika and others; santoso. 20setiawan. 21kornelius benuf and muhammad azhar, ‘metodologi penelitian hukum sebagai instrumen mengurai permasalahan hukum kontemporer’, gema keadilan, 7.1 (2020), 20–33 https://doi.org/10.24246/jrh.2019.v3.i2.p145-160 https://www.jhcls.org/index.php/jhcls https://doi.org/10.24246/jrh.2019.v3.i2.p145-160 issn 2807-2812 journal of human rights, culture and legal system 173 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) affirms that: "marriage is "marriage is an inner birth bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the one true godhead"22. from the provisions on marriage above, in general, basically every citizen, both male and female, who naturally needs a family, has affection and has a desire to live happily, gets the opportunity to form a family through the institution of marriage. there isalso a prerequisite that is particularly the main pressing point in human marital life, which is eternal eternal based on belief in the one true god, which belief is a central and substantial feature of a religion and belief. the provisions on the beliefs underlying marriage in article 1 of law no. 1 of 1974, then received firmness through the formulation in article 2 of law no. 1 of 1974 which reads: "marriage is valid if it is carried out according to the laws of each religion and belief.".23 which provision seeks to provide affirmation in the context of legal certainty of marriage, that in substance i.e. first, marriage is valid if it is carried out according to the religion officially recognized by the state, namely 6 religions consisting of religions, islam, hinduism, buddhism, christianity, catholicism and khong hu chu. secondly, a marriage is valid if it is performed according to a trust that is recognized as registered and officially recognized by the state. third, marriage will have a legal status if in its implementation it is based on the existing rules on the religion and beliefs of the bride and groom. fourth, the marriagewill not have legal status if its implementation is not based on the religious rules and beliefs of the bride and groom. fifth, the marriagewill have legal status if the religion and beliefs of the bride and groom are the same. sixth, the marriagewill be invalid if the religion and beliefs of the bride and groom are different. the marriage to be carried out is carried out by the bride and groom who are muslim, then further arrangements specifically can be found in the presidential instruction of the republic of indonesia number 1 of 1991 concerning the compilation of islamic law, which confirms related to the marital status that he will do if the marriage partner has a different religion and / or belief. some provisions for marriage with adherents of religions other than islam in the compilation of islamic law24 is the first marriage with legal status if performed according to the islamic religion. this means that marriages that are carried out not according to islam are of invalid status. the legal basis of article 4 of the compilation of islamic law which states: "marriage is valid, if it is carried out according to islamic law in accordance with article 2 paragraph (1) of law number 1 of 1974 concerning marriage". second, forbidden marriage is if a man who is 22kartika septiani amiri, 'the development and problems of marriage law in indonesia', almujtahid: journal of islamic family law, 1.1 (2021), 50–58 https://doi.org/10.30984/jifl.v1i1.1639 23trusto subekti, ‘sahnya perkawinan menurut undang-undang nomor 1 tahun 1974 tentang perkawinan ditinjau dari hukum perjanjian’, jurnal dinamika hukum, 10.3 (2010), 329–39 https://doi.org/10.20884/1.jdh.2010.10.3.103 24ahmad atabik and khoridatul mudhiiah, ‘pernikahan dan hikmahnya perspektif hukum islam’, yudisia: jurnal pemikiran hukum dan hukum islam, 5.2 (2014), 286–316 https://doi.org/10.21043/yudisia.v5i2.703 https://www.jhcls.org/index.php/jhcls https://doi.org/10.30984/jifl.v1i1.1639 https://doi.org/10.20884/1.jdh.2010.10.3.103 https://doi.org/10.21043/yudisia.v5i2.703 174 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) muslim marries a woman who is not muslim. this means that muslim men cannot enter into marriages with non-muslim women, because islamic religious teachings prohibit a muslim from marrying a non-muslim of a different religion and belief. the prohibition of interfaith marriage is also expressly stated in article 40 of the compilation of islamic law which states "it is forbidden to enter into a marriage between a man and a woman due to certain circumstances, ... not muslim". a forbidden marriage is if a woman who is muslim marries a man who is not muslim. this means that muslim women cannot have marriages with non-muslim men, because islamic religious teachings prohibit a muslim woman from marrying a non-muslim who is of a different religion and belief. the legal basis is article 44 of the compilation of islamic law, which states: "an islamic woman is prohibited from entering into a marriage with a man who is not muslim". it is to happen, then the marriage must be prevented and should not be carried out because there is a reason that it is not as important as it is because of different religions/ unclear religions. the sekufu referred to here is a commensurate state/ no difference due to the existence of four things, namely cohesiveness/ no difference in nasab, cohesiveness/ no religious difference, harmony/ no difference in social strata (free or slave), and cohesiveness/ no difference in work. this means that if the marriage is motivated by differences in nasab, social strata and work then the marriage can be carried out / should not be prevented. the legal basis is article 61 compilation of islamic law, which asserts that: "no sekufu cannot be used as an excuse to prevent marriage, unless it is not sekufu due to religious differences or ikhtilaf al-dien" the marriage law, marriages among citizens held within the jurisdiction of the indonesian state allow it to be carried out according to different religions and beliefs. 25 thedifferences in religion and belief have also been constitutionally recognized in article 28e paragraphs (1 and 2), article 28i paragraph (1) and article 29 paragraph (2) of the 1945 constitution. referring to that,there needs to be a legal policy for marriages between adherents of different religions and beliefs. legally, the state through presidential decree no. 1 of 1965 concerning the prevention of abuse and/or blasphemy jo law no. 5 of 1969 (which has recognized all presidential determinations and regulations as laws) has recognized islam, hinduism, buddhism, christianity, catholicism and khong hu chu religion as official recognized religions, also marriages carried out by followers of the cult of belief in god almighty (the indigenous religion of the archipelago) which has also been recognized in accordance with the decision of the constitutional court no. 97 / puu-xiv / 2016 dated november 07, 2017 jo. presidential decree of the republic of indonesia number 6 of 2000 concerning the revocation of presidential instruction number 14 of 1967 concerning religion, beliefs, and customs of china. in addition, with the decision of the constitutional court no. 97/puu-xiv/2016 dated november 07, 2017. because before the constitutional court decision no. 97/puu-xiv/2016 dated november 7, 2017, the identity card (ktp) could not fill in 25wedya leplata, 'the practice of interfaith marriage in juridical perspective', journal of jurisprudence, 4.2 (2014), 75–84 https://doi.org/10.23917/jurisprudence.v4i2.4206 https://www.jhcls.org/index.php/jhcls https://id.wikipedia.org/wiki/agama_asli_nusantara https://doi.org/10.23917/jurisprudence.v4i2.4206 issn 2807-2812 journal of human rights, culture and legal system 175 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) the religion column according to the belief to be written, it could only be given a strip mark/ cosponsored. after the constitutional court decision no. 97/puu xiv/2016 dated november 07, 2017, the religion column can be filled with the beliefs held by a person. the guarantee of recognition of trust for believers should still be recognized, this is stated in the first precept of pancasila "almighty godhead" as a basis that reflects tolerance for the freedom to embrace religion and belief.26 the official state recognition of 6 religions (islam, hinduism, buddhism, christianity, catholicism and khong hu chu religion) and the official state recognition of belief in god almighty,27 then a marriage that can be carried out by an indonesian citizen is a marriage carried out by adherents of religions and beliefs that have been officially recognized in the indonesian legal system. the marriage law, marriages among citizens held within the jurisdiction of the indonesian state will only be recognized as legal marriages if they are carried out according to the same religion and beliefs. it is necessary to give some notes, because marriages against the background of religious differences are not allowed to take place, if then the marriage is still forced to take place between adherents of different religions and beliefs then the marital status is invalid, the marriage is basically forbidden and contrary to the legislation28, 29. from the above, the conditions of marriage between adherents of different religions / beliefs that can be temporarily identified, are as follows: first, there needs to be an explanation of the legal status of marriage between brides of different religions / beliefs that he will / has done. second, there needs to be an explanation of the solutions that can be taken regarding the procedure for registering marriages based on different religions / beliefs that have been carried out. third, there needs to be assistance to obtain a court order and or register marriages for marriage couples between different religions / beliefs. fourth, it is necessary to explain the various requirements for obtaining a court order and or registering marriages for marriage couples between different religions/ beliefs. fifth, coordination with legal aid service providers, civil registry, kua and different religious / faith figures related to the law, implementation, determination and registration of marriages between adherents of different religions and beliefs is still needed. 4. conclusion based on the marriage law, the legal status of interfaith marriage is invalid, considering that basically every religion requires every bride and groom to adhere to the same religion. however, based on the supreme court's decision no. 1400 k/pdt/1986 couples of different faiths can request a court determination. 26andhika. 27julita lestari, ‘pluralisme agama di indonesia (tantangan dan peluang bagi keutuhan bangsa)’, uin walisongo, 6.1 (2019), 1–12 https://doi.org/10.21580/wa.v6i1.4913 28akhmad munawar, 'the validity of marriage according to positive law in force in indonesia', al-adl: journal of law, 7.13 (2015), 21–31 https://doi.org/10.31602/al-adl.v7i13.208 29islamiyati, ‘analisis yuridis nikah beda agama menurut hukum islam di indonesoa’, masalah-masalah hukum, 45.3 (2016), 243–51 https://doi.org/10.14710/mmh.45.3.2016.243-251 https://www.jhcls.org/index.php/jhcls https://doi.org/10.21580/wa.v6i1.4913 https://doi.org/10.31602/al-adl.v7i13.208 https://doi.org/10.14710/mmh.45.3.2016.243-251 176 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) jurisprudence states that civil registry offices can perform interfaith marriages, because the job of the civil registry office is to record, not certify. however, not all civil registry offices are willing to accept interfaith marriages. civil registry offices that are willing to accept interfaith marriages will later record the marriages as non-islamic marriages. for the wedding procession, the pagan are married with the provisions of their respective religions, meaning that the bride and groom are looking for religious leaders who are willing to marry a couple according to the teachings of their religion, for example an islamic-style marriage contract and a christian blessing. as for the matter of marriage registration, based on the supreme court decision number 1400 k / pdt / 1986 couples of different faiths can request a court determination, and continue with registration at the civil registry office with non-islamic religious status. refrences amiri, kartika septiani, ‘perkembangan dan problematika hukum perkawinan di indonesia’, al-mujtahid: journal of islamic family law, 1.1 (2021), 50–58 https://doi.org/10.30984/jifl.v1i1.1639 amri, aulil, ‘perkawinan beda agama menurut hukum positif dan hukum islam’, media syari’ah: wahana kajian hukum islam dan pranata sosial, 22.1 (2020), 48–64 https://doi.org/10.22373/jms.v22i1.6719 andhika, moh bhayu surya, ‘perlindungan hukum terhadap hak konstitusional warga negara penganut kepercayaan’, syariati : jurnal studi al-qur’an dan hukum, 5.2 (2019), 283–92 https://doi.org/10.32699/syariati.v5i02.1198 atabik, ahmad, and khoridatul mudhiiah, ‘pernikahan dan hikmahnya perspektif hukum islam’, yudisia: jurnal pemikiran hukum dan hukum islam, 5.2 (2014), 286–316 https://doi.org/10.21043/yudisia.v5i2.703 benuf, kornelius, and muhammad azhar, ‘metodologi penelitian hukum sebagai instrumen mengurai permasalahan hukum kontemporer’, gema keadilan, 7.1 (2020), 20–33 https://doi.org/10.24246/jrh.2019.v3.i2.p145-160 christianto, hwian, ‘arti penting uu no. 1/pnps/1965 bagi kebebasan beragama’, jurnal yudisial, 6.1 (2013), 1–16 https://doi.org/10.29123/jy.v6i1.115 hanapi, agustin, and edy yuhermansyah, ‘urgency of marriage registration for women and child protection in gayo lues district’, samarah: jurnal hukum keluarga dan hukum islam, 4.2 (2020), 528–44 https://doi.org/10.22373/sjhk.v4i2.7942 hanifah, mardalena, ‘perkawinan beda agama ditinjau dari undang-undang nomor 1 tahun 1974 tentang perkawinan’, soumatera law review, 2.2 (2019), 297–308 https://doi.org/https://doi.org/10.22216/soumlaw.v2i2 hidayah, nur putri, and komariah, ‘sosialisasi undang-undang nomor 16 tahun 2019 sebagai upaya penyadaran pemahaman hukum tentang usia minimum pernikahan’, jurnal pengabdian hukum indonesia, 3.2 (2021), 2016– 2218 https://doi.org/10.15294/jphi.v3i2.44685 islamiyati, ‘analisis yuridis nikah beda agama menurut hukum islam di https://www.jhcls.org/index.php/jhcls https://doi.org/10.30984/jifl.v1i1.1639 https://doi.org/10.22373/jms.v22i1.6719 https://doi.org/10.32699/syariati.v5i02.1198 https://doi.org/10.21043/yudisia.v5i2.703 https://doi.org/10.24246/jrh.2019.v3.i2.p145-160 https://doi.org/10.29123/jy.v6i1.115 https://doi.org/10.22373/sjhk.v4i2.7942 https://doi.org/https:/doi.org/10.22216/soumlaw.v2i2 https://doi.org/10.15294/jphi.v3i2.44685 issn 2807-2812 journal of human rights, culture and legal system 177 vol. 2, no. 3, november 2022, pp. 167-177 bayu dwi widdy jatmiko, et.al, (legal status of interfaith…) indonesoa’, masalah-masalah hukum, 45.3 (2016), 243–51 https://doi.org/10.14710/mmh.45.3.2016.243-251 leplata, wedya, ‘pelaksanaan perkawinan beda agama dalam perspektif yuridis’, jurnal jurisprudence, 4.2 (2014), 75–84 https://doi.org/10.23917/jurisprudence.v4i2.4206 lestari, julita, ‘pluralisme agama di indonesia (tantangan dan peluang bagi keutuhan bangsa)’, uin walisongo, 6.1 (2019), 1–12 https://doi.org/10.21580/wa.v6i1.4913 munawar, akhmad, ‘sahnya perkawinan menurut hukum positif yang berlaku di indonesia’, al-adl: jurnal hukum, 7.13 (2015), 21–31 https://doi.org/10.31602/al-adl.v7i13.208 pujiono, pujiono, arif hidayat, and dewi sulistianingsih, ‘understanding and litera legis of marriage law in the millennial era for school children’, indonesian journal of advocacy and legal services, 3.2 (2021), 183–94 https://doi.org/10.15294/ijals.v3i2.45878 santoso, santoso, ‘hakekat perkawinan menurut undang-undang perkawinan, hukum islam dan hukum adat’, yudisia: jurnal pemikiran hukum dan hukum islam, 7.2 (2016), 412–34 https://doi.org/10.21043/yudisia.v7i2.2162 scolastika, sheanny, gavrilla thedora, olga nadina, and tsamara probo ningrum, ‘keabsahan pencatatan perkawinan diluar indonesia berdasarkan peraturan perundang-undangan’, kertha wicara: e-journal ilmu hukum, 14.2 (2020), 139–46 https://doi.org/10.22225/kw.14.2.2020.139-146 setiawan, dani, ‘inter-religious marriage: a controversial issue in indonesia’, contemporary issues on interfaith law and society, 1.1 (2022), 23–38 https://doi.org/10.15294/ciils.v1i1.56711 subekti, trusto, ‘sahnya perkawinan menurut undang-undang nomor 1 tahun 1974 tentang perkawinan ditinjau dari hukum perjanjian’, jurnal dinamika hukum, 10.3 (2010), 329–39 https://doi.org/10.20884/1.jdh.2010.10.3.103 sulistya, al qodar purwo, and levina yustianingtyas, ‘protection of the civilian population as the implementation of the principle of discrimination’, audito comparative law journal (aclj), 1.2 (2020), 94–104 https://doi.org/10.22219/audito.v1i2.13753 syahbana, achmad rizqi, komariah, and sofyan arief, ‘pelaksanaan pembagian warisan dalam masyarakat adat osing (studi di desa adat kemiren kabupaten banyuwangi)’, indonesian law reform journal (ilrej), 1.1 (2021), 50–69 https://doi.org/10.22219/ilrej.v1i1.16124 usman, rachmadi, ‘makna pencatatan perkawinan dalam peraturan perundangundangan perkawinan di indonesia’, jurnal legislasi indonesia, 14.3 (2017), 255–74 https://doi.org/10.54629/jli.v14i3.80 waluyo, bing, ‘sahnya perkawinan menurut undang-undang nomor 1 tahun 1974 tentang perkawinan’, jurnal media komunikasi pendidikan pancasila dan kewarganegaraan, 2.1 (2020), 193–99 https://doi.org/10.23887/jmpppkn.v2i1.135. https://www.jhcls.org/index.php/jhcls https://doi.org/10.14710/mmh.45.3.2016.243-251 https://doi.org/10.23917/jurisprudence.v4i2.4206 https://doi.org/10.21580/wa.v6i1.4913 https://doi.org/10.31602/al-adl.v7i13.208 https://doi.org/10.15294/ijals.v3i2.45878 https://doi.org/10.21043/yudisia.v7i2.2162 https://doi.org/10.22225/kw.14.2.2020.139-146 https://doi.org/10.15294/ciils.v1i1.56711 https://doi.org/10.20884/1.jdh.2010.10.3.103 https://doi.org/10.22219/audito.v1i2.13753 https://doi.org/10.22219/ilrej.v1i1.16124 https://doi.org/10.54629/jli.v14i3.80 https://doi.org/10.23887/jmpppkn.v2i1.135. journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 178-190 178 https://doi.org/10.53955/jhcls.v2i3.51 journalhumanrightslegalsystem@gmail.com the model of law enforcement based on pancasila justice arsyad aldyana,* , abhishek negib afaculty of law, universitas sebelas maret, surakarta, indonesia. bdharmashastra national law university, jabalpur, india. * corresponding author: arsyadaldy@staff.uns.ac.id 1. introduction the 1945 constitution of the republic of indonesia affirms that the state of indonesia is the state of law. these are contained in article 1, paragraph (3) of the 1945 third amendment of the 1945 constitution of the republic of indonesia. because the primary purpose of the law is justice, a state of law must uphold the values of justice. as a legal state based on pancasila and the 1945 constitution of the republic of indonesia, indonesia aims to realize a prosperous, safe, sovereign, just, and prosperous state and nation by upholding human rights and guaranteeing equal status before the law and government. this is declared in article 27, paragraph (1) of the 1945 constitution of the republic of indonesia, which reads as follows: "all citizens are equal before the law and government and are obliged to uphold the law and government without exception". the law enforcement in the current state of indonesia is, of course, carried out with the paradigm of a legal school; therefore, it is necessary to review the paradigm of the law school in law enforcement in indonesia; it is essential to know in order to be able to provide a view in law enforcement, which certainly expected a r t i c l e i n f o a b s t r a c t article history received: june 25, 2022 revised: august 23, 2022 accepted: november 14, 2022 the development of the current flow of law in indonesia in the context of law enforcement is unquestionably still evident in the application of positivism in law enforcement, which, of course, with the application of legal positivism is enforced the law that is more important, if one considers that the philosophical goal of the law is the creation of justice, and so on. this is a declaration of pancasila values in law enforcement in the indonesian state. in some instances, it appears that the flow of positivism continues to exert a strong influence on law enforcement in indonesia, which, of course, can affect the values of justice in law enforcement. as stated in article 24 paragraph 1 of the constitution of the republic of indonesia, in order to realize the indonesian state as a rule of law, both law enforcement and justice must be properly enforced in the context of judicial power. this is an open-access article under the cc–by 4.0 license. keywords enforcement; law; pancasila; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:arsyadaldy@staff.uns.ac.id https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 179 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) in law enforcement. law enforcement must, of course, prioritize the values of justice. law enforcement authorities are agents for elected governments and are responsible for detection, apprehension, and conviction activities1. law enforcement could be a key in controlling crime2.the primary duties of law enforcement in crime, include the investigation, apprehension, and detention of individuals suspected of criminal offenses3. this article discusses the development of the flow of law in indonesia in the context of law enforcement, where of course, this law school is very important in law enforcement. at this time, the indonesian state is still very much dominated by the flow of positivism in law enforcement, where legal positivism is a stream that prioritizing positive law in law enforcement, whereas if only prioritizing positivism certainly does not rule out the possibility that the values of justice cannot be created properly, therefore as a state of law, of course, it must prioritize the values of social justice in law enforcement in order to reflect the values of justice. therefore, in order to create social justice, then of course this flow of law must be addressed properly. law enforcement today is, of course, still very much dominated by the paradigm of legal positivism, of course in order to implement the values of justice, it is necessary to fix the paradigm in law enforcement which of course, is not only a paradigm of positive law in law enforcement. therefore there is a need for reform in the context of law enforcement for the better. 2. research method this study uses a normative type of research, focusing on the law as a reference for analyzing this article. therefore, this study uses a statutory research approach. this article uses a statutory approach by reviewing the indonesian constitution, namely the 1945 constitution of the republic of indonesia. this article uses a statutory approach because answering the problems in this article is carried out by linking the 1945 constitution of the republic of indonesia, especially about law enforcement, and also looking at the implementation of pancasila values as the ideology of the indonesian state in the context of law enforcement. 1kenyahagi. law enforcement with motivated agents. international review of law and economics. volume 66, june 2021, 105982. https://doi.org/10.1016/j.irle.2021.105982 2manoj kumar. et.al. modelling and prevention of crime using age-structure and law enforcement. journal of mathematical analysis and applications.(2022), 126849. https://doi.org/10.1016/j.jmaa.2022.126849 3stephanie schweitzer dixon. law enforcement suicide: the depth of the problem and best practices for suicide prevention strategies. aggression and violent behavior. volume 61, november–december 2021, 101649. https://doi.org/10.1016/j.avb.2021.101649 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.irle.2021.105982 https://doi.org/10.1016/j.jmaa.2022.126849 https://doi.org/10.1016/j.avb.2021.101649 180 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) 3. results and discussion the state of indonesia is a state of law. this is stated in article 1, paragraph 3 of the 1945 constitution of the republic of indonesia, which is the constitution of the state of indonesia. as a state of law, of course, law enforcement must be appropriately upheld in order to create order in society. law enforcement in indonesia is currently, in some cases, still implementing the teachings of positivism. this theory of positivism was introduced by hans kelsen, namely pure legal theory, where theory put forward by hans kelsen; it is explained that the law must be freed from non-juridical elements, or in other words, the law contained no non-juridical elements. law is a rule that contains related obligations, prohibitions, sanctions, and orders. public security and law enforcement have a crucial4. law enforcement is conducted by an authority5. local law enforcement reduces the local level of crime6. law enforcement in the state of indonesia is still strongly influenced by legal positivism, where law enforcement is prioritized, sometimes justice is not enforced correctly, but law enforcement is appropriately implemented; this means that law enforcement does not necessarily enforce justice, as well as enforce justice also does not necessarily enforce the law according to the rules of the law alone. law enforcement matters for the value of legal rights, and, particularly7.law enforcement and security forces are the two appropriate measures to control the crime8. a critical factor determining the size of the deterrent effect of law enforcement is its salience among potential offenders9. the role of human rights ought to keep law within morally acceptable bounds10. human right, freedom of opinion, expression, association, and assembly, all guaranteed by the 4auke jvan dijk. et.al. law enforcement and public health: recognition and enhancement of joined-up solutions. the lancet. volume 393, issue 10168, 19–25 january 2019, pages 287-294. https://doi.org/10.1016/s0140-6736(18)32839-3 5berno buechel. et.al. optimal law enforcement with sophisticated and naïve offenders. journal of economic behavior & organization. volume 177, september 2020, pages 836-857. https://doi.org/10.1016/j.jebo.2020.07.004 6tim friehe. et.al. law enforcement in a federal system: endogenous timing of decentralized enforcement effort. international review of law and economics. volume 56, december 2018, pages 134-141. https://doi.org/10.1016/j.irle.2018.09.002 7gishandissanaike. the economics of law enforcement: quasi-experimental evidence from corporate takeover law. journal of corporate finance. volume 67, april 2021, 101849. https://doi.org/10.1016/j.jcorpfin.2020.101849 8jai prakashtripathi. et.al. dynamical analysis and effects of law enforcement in a social interaction model. physica a: statistical mechanics and its applications. volume 567, 1 april 2021, 125725. https://doi.org/10.1016/j.physa.2020.125725 9robertdur. et.al. salience of law enforcement: a field experiment. journal of environmental economics and management. volume 93, january 2019, pages 208-220. https://doi.org/10.1016/j.jeem.2018.11.011 10tom campbell. law and morality: an analytical perspective. international encyclopedia of the social & behavioral sciences (second edition). 2015, pages 483-488. https://doi.org/10.1016/b978-0-08-097086-8.63044-1 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/s0140-6736(18)32839-3 https://doi.org/10.1016/j.jebo.2020.07.004 https://doi.org/10.1016/j.irle.2018.09.002 https://doi.org/10.1016/j.physa.2020.125725 https://doi.org/10.1016/j.jeem.2018.11.011 https://doi.org/10.1016/b978-0-08-097086-8.63044-1 issn 2807-2812 journal of human rights, culture and legal system 181 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) constitution11. legal culture and legal consciousness are used analytically to identify the meanings of law that circulate in social relations, referring to what people do as well as say about law12. see constitution state; it be stated in article 24 paragraph (1) of the 1945 constitution of the republic of indonesia, it is explained that judicial power is the power of an independent state to administer justice to uphold law and justice. based on the article's sound, it can be seen that in exercising judicial power, of course, what is enforced is not only the law, but justice must also be appropriately enforced. the development of law in indonesia is often the same as the development of legal positivism theory in its implementation in society. according to positivism, every legal norm must exist objectively as positive norms and be confirmed as a concrete contractual agreement between community members or their representatives. the existence of the flow of positivism is certainly very influential on the judiciary in indonesia, especially in criminal justice, where positive law is prioritized over social interests. according to this positivism paradigm, the law can be said to be saklek or rigid, where every judicial process always refers to positive law regardless of the values that live in society. as a state of law, indonesia guarantees its citizens get justice by applicable law through judicial power through judicial intermediaries. article 24, paragraph (1) of the 1945 constitution of the republic of indonesia affirms that judicial power is an independent power to administer the judiciary to uphold law and justice. the spirit of article 24 paragraph (1) of the 1945 constitution of the republic of indonesia was later revealed in the law of the republic of indonesia number 48 of 2009 concerning judicial power. in order to realize a just law, indonesia, as a country that predominantly adheres to legal positivism. legal positivism is an inseparable part of the influence of the development of positivism (science). positivism indeed views the actions committed by someone (criminal acts) only in terms of the articles contained in the law; in other words, if someone has fulfilled the elements of an article, he can be punished, regardless of other aspects. even though not all criminal acts are criminal, some are civil acts; for example, in the case of default, sometimes the person committing this default is reported as a case of fraud so that what was originally a civil case becomes a criminal case. most of the time, the practice of law by law enforcers that occurs in indonesia tends to always rely on thinking of 11abdul kadir jaelani. et.al. the crime of damage after the constitutional court's decision number 76/puu-xv/2017. journal of human rights, culture and legal system, volume 1, no. 1, 2021. https://doi.org/10.53955/jhcls.v1i1.5 12susan s.silbey. legal culture and legal consciousness. international encyclopedia of the social & behavioral sciences (second edition). 2015, pages 726-733. https://doi.org/10.1016/b978-008-097086-8.86067-5 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.1016/b978-0-08-097086-8.86067-5 https://doi.org/10.1016/b978-0-08-097086-8.86067-5 182 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) legalism as the main characteristic of legal positivism13. something becomes a norm if it is desired to become the norm14. in indonesia, legal positivism in the judicial process is prioritized, especially in criminal justice. not only in the judicial process in court institutions that are based on positive law, but in the police investigation process, investigators in determining the status of a suspect in a person also rely on positive law. if someone is judged to have fulfilled the elements of an article, it is said that the person is wrong, regardless of the factors behind the person having committed a crime. not only that, even someone who accidentally knows anything can be punished if this has fulfilled the elements of an article. in cases that often occur, such as the example of someone using land belonging to someone else, often referred to as "magersari", it is often processed in criminal justice because this has fulfilled the elements of article 167 of the criminal code. however, this step of the criminal process should not need to be carried out. it should not be processed, especially regarding this magersari case, because this is a civil case against the law, so the criminal step should not be carried out because, in this case, what is violated is more private law. namely civil law; because this is a matter regarding the land owner and the people who occupy the land, it is better to use a civil case process. it would be even better if cases like this were resolved in a mediation or negotiation process where the parties agreed to make peace in order to create a win-win solution so that the law could benefit the community without causing disputes that involved many people. on the other hand, in civil default cases, it often happens that this default civil case is turned into a criminal case. in contrast, this default case is often turned into a fraud case, even though it is evident that this is a civil case where one party breaks a promise. however, it fulfils the elements of article 378 of the criminal code about fraud. this article is often used as an alternative for parties harmed as a result of a breach of contract if the person committing the default cannot perform at all. from some of these things, it is seen that crime is an alternative to punish someone who has violated civil rights by referring to positive law related to criminal law. in criminal law, there is an ultimum remidium. ultimum remedium is a legal paradigm that places criminal law as the last tool in law enforcement. given that the application of this criminal sanction is an ultimum remedium, then this criminal sanction is the final sanction in law enforcement; if they look at the theory of legal positivism, then when an activity meets the elements of law, the person can be subject to criminal sanctions, regardless of what the reason behind 13a. sukris sarmadi. membebaskan positivisme hukum ke ranah hukum progresif. jurnal dinamika hukum vol. 12 no. 2 mei 2012. http://dx.doi.org/10.20884/1.jdh.2012.12.2.58 14fx. adji samekto. menelusuri akar pemikiran hans kelsen tentang stufenbeautheorie dalam pendekatan normatif filosofis. jurnal hukum progresif, vol. 7, no. 1, april 2019. https://doi.org/10.14710/hp.7.1.1-19 https://www.jhcls.org/index.php/jhcls http://dx.doi.org/10.20884/1.jdh.2012.12.2.58 https://doi.org/10.14710/hp.7.1.1-19 issn 2807-2812 journal of human rights, culture and legal system 183 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) the person doing such an act. the judicial system in indonesia is strongly influenced by the positivism paradigm, as this positivism is the leading guide in the law enforcement process carried out through the judicial process in court. the application of positivism in the indonesian state certainly impacts the justice system in indonesia, including in the process of law enforcement in the judiciary; of course, the law becomes more bound, regardless of other aspects, such as social aspects. positivism indeed views the actions committed by someone (criminal acts) only in terms of the articles contained in the law; in other words, if someone has fulfilled the elements of an article, he can be punished, regardless of other aspects. even though not all criminal acts are criminal, several criminal acts are civil acts; as discussed earlier, default cases are often turned into criminal acts of fraud as legal remedies. this certainly does not seem right because civil cases must be resolved by civil law, which is private law, not public law. this often happens when the person in default is considered unable to perform his or her achievements as if criminal law is used as an alternative to law enforcement. however, of course, it is seen again whether the reason for the person's default is purely an act that violates civil law or a criminal act because if the person commits an act that is not regulated in an agreement and can be said to have fulfilled the elements of a criminal act of fraud, the act can be included in the crime. so basically, the act said to be in default or included in the crime of fraud was previously reviewed in the agreement made and agreed upon by both parties. in indonesia, law enforcers, in general, still adhere to the flow of positivism because law enforcers in indonesia are still too fast with the existing laws and regulations. law enforcers assume that justice can be enforced only by statutory regulations. the application of positivism in indonesia has also drawn several debates. as a state of law, indonesia uses the law as one of the primary laws. suppose law enforcement in this judicial process does not see the other side or other aspects in terms of why people commit a criminal act and also the consequences of that act. in that case, it is not easy to obtain justice as the law's primary goal. indeed, the indicators of justice are difficult to ascertain. however, at least justice can be created if it instils morals and ethics and looks at aspects other than the law, such as social and the background of a person committing acts that violate the law. not only that, if they violate the law, they will be immediately punished without looking at the background of the person doing the act. if the goal is to seek legal certainty within the law's scope, it cannot be separated from the positivism paradigm. the primary purpose of the law is not only justice or even legal certainty; what is more important than the purpose of the law is that the law can provide benefits to humans; of course, the law exists to create order in society, not only as a tool that exists to force society, which the law must be able to protect the community. in indonesia, law enforcers, in general, still adhere to the flow of positivism because law enforcers in indonesia are still too fast with the existing laws and https://www.jhcls.org/index.php/jhcls 184 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) regulations. law enforcers assume that justice can be enforced only by statutory regulations. the influence of positivism on law enforcement in indonesia is enormous; every law enforcer always uses the law as a reference in law enforcement without looking at other aspects. on the other hand, not all legal cases are resolved using positivism. by the constitutional mandate, the administration of the judicial process helps uphold law and justice. therefore the law must be adequately enforced. this, indeed, cannot be separated from the application of legal positivism. however, on the other hand, law enforcement must also look at other aspects, such as social aspects in the law enforcement process, so that legal goals can be created, namely achieving legal certainty and justice, and the most important thing is that the law can provide benefits for humans. the law must be adequately enforced so that the law can achieve its legal goals. however, the law enforcement process does not only look at the juridical aspect but sees several other aspects of the law enforcement process. indeed, the indonesian state adheres to the paradigm of positivism, where positive law enforcement is prioritized. law enforcement always refers to the act. in its development, the application of legal positivism in law enforcement and justice in the state of indonesia must also be appropriately addressed in order to realize the values of justice, which means that what is enforced is not only law but justice must also be appropriately enforced, by the mandate of the constitution of the republic of indonesia. indonesia, in order to create social justice for all indonesian people. law enforcement and justice must also declare the values of pancasila as the ideology of the republic of indonesia. in essence, the purpose of the law is to protect the community from creating justice. here it is seen that law enforcement is still based on the object. you will be found guilty if you violate an article without any reason. however, on the other hand, the law must also be helpful for humans, not ensnare humans; an act is done, there must be a reason; law enforcers should see the reason a person commits an act and also the consequences of the act as a consideration in resolving cases. in indonesia, law enforcers, in general, still adhere to the flow of positivism because law enforcers in indonesia are still too fast with the existing laws and regulations. law enforcers assume that justice can be enforced only by laws and regulations without looking at social values. this has an impact on the justice system in indonesia because if there is a case where the case is only trivial or can even be resolved amicably if the case is deemed to have fulfilled the elements contained in a statutory provision, even if it was done out of necessity or because if you have fulfilled the elements in regulation, you will still be found guilty regardless of what causes someone to do that. according to soerjono soekanto, five factors contribute to the influence of law enforcement mechanisms: first, the legal factor (substance) or legislation. second, the factor of law enforcement officers, namely the parties involved in making and https://www.jhcls.org/index.php/jhcls issn 2807-2812 journal of human rights, culture and legal system 185 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) applying the law, is related to mentality issues. the third is the factor of facilities supporting the law enforcement process. fourth, community factors, namely the social environment in which the law applies or is applied, reflect people's behaviour. fifth, cultural factors, namely work, creativity and taste, are based on the human initiative in social life. most of this time, the practice of law by law enforcement in indonesia, such as the practice of court institutions, police, prosecutors and legal practitioners (the pillar group of the criminal justice system) tends to always rely on the footing of thinking legalism as the main characteristic of legal positivism. in this case, the legal point of view is seen from a mere statutory telescope to judge the events. this kind of practice does not mean that it must always be misinterpreted because legalism itself has and has always provided the meaning of legal certainty. meanwhile, legal certainty is an absolute necessity in the practice of law15. in passing the judge's decision, he does not look at the social aspect, only races in positive law in law enforcement. so it does not reflect justice. in addition, it is also necessary to look at the causes of people violating the law, whether because of pressure they are forced to or because of deliberate elements. it is also necessary to see the consequences of their actions. it often happens that in law enforcement, the judges only rely on positive law without considering human values and the causes and consequences of committing the act. this needs to be discussed in the context of legal development in indonesia, where, of course, law enforcers do not only view the rule of law but also prioritize the values of social justice in society. the development of the positivism paradigm in law enforcement in indonesia is indeed visible because the indonesian state in law enforcement often only views the law only, therefore if you only look at the law, then, of course, what is enforced is the law, even though it is by the law. the mandate of the constitution of the republic of indonesia is that what is enforced is not only law but justice must also be appropriately enforced in law enforcement because justice is one of the goals of the law. given that by the state ideology, namely pancasila, this social justice must be implemented properly, which is also implemented in the context of law enforcement in indonesia. the application of pancasila in law enforcement in the state of indonesia is indeed critical, where pancasila is not only in law enforcement but also in law-making, which is carried out in a deliberation democracy. law enforcement based on pancasila must prioritize the values of social justice in society and, of course, view not only positive law but also other laws that live in society, such as those relating to customary law.law enforcement is an essential thing in law; from the process of law enforcement and the application of sanctions, it is seen whether law enforcers only look at the written rule of law or also look at the values of social justice in law enforcement; this is 15a. sukris sarmadi. https://www.jhcls.org/index.php/jhcls 186 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) critical because in order to can optimize the principles of social justice in the context of law enforcement in the indonesian state. law enforcement in indonesia should also adhere to the sociological jurisprudence flow. this flow of sociological jurisprudence essentially focuses on law about society. in law enforcement, of course, it does not only look at the juridical aspect; it is based on the law, but it must also look at the social aspect. of course, one has to look at the cause of a person committing an act and also see that the consequences of the person committing the act must be considered in law enforcement. the impact of the development of positivism on indonesia is the emergence of legal rigidities, which are considered that the law in indonesia is not able to create justice which is a consequence of the domination of positivism16. seeing the application of positivism in law enforcement in indonesia today, along with the development of law in indonesia, an indonesian state law expert, prof. satjipto rahardjo, then proposed a legal theory, namely progressive legal theory, which is intended to provide the best solution for law enforcement in indonesia. indonesian country. according to satjipto rahardjo, progressive law enforcement is carrying out the law not just with black-and-white words from regulations (according to the letter) but according to the spirit and more profound meaning (to very meaning) of the law or law in a broad sense. law enforcement is not only intellectual intelligence but also spiritual intelligence. in other words, law enforcement is carried out with complete determination, empathy, dedication, and commitment to the nation's suffering and the courage to find other ways than what is usually done17. this progressive law illustrates that the law is for humans, not humans for the law; therefore, the law must be helpful in the community because the law is made to regulate society to create peace and tranquillity; indeed, all human actions are limited by law. however, it is necessary to know more regarding the act and if there are regulations that limit it, but also need to be seen regarding what causes humans to do such an act; for example, stealing bread because of hunger indeed violates article 362 of the criminal code and fulfils the elements in that article. however, it is necessary to know. first, the person steals bread because he is hungry, what the law needs to see is not only his actions, but the law must also look at the social justice side in society, where it certainly does not need to be enforced by law by imposing criminal sanctions, especially the consequences of these actions also do not need to be enforced. cause a significant loss. progressive law provides a breakthrough for justice enforcement in indonesia, which provides a view that the law is for humans, so the law must be helpful for 16faissal malik. tinjauan terhadap teori positivisme hukum dalam sistem peradilan pidana indonesia. jurnal pendidikan kewarganegaraan undiksha. vol. 9 no. 1 (februari, 2021) https://doi.org/10.23887/jpku.v9i1.31488 17deni nuryadi. teori hukum progresif dan penerapannya di indonesia. jurnal ilmiah hukum de’jure. volume 1. nomor 2. september 2016 https://doi.org/10.35706/dejure.v1i2.515 https://www.jhcls.org/index.php/jhcls https://doi.org/10.23887/jpku.v9i1.31488 https://doi.org/10.35706/dejure.v1i2.515 issn 2807-2812 journal of human rights, culture and legal system 187 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) humans; therefore, to apply progressive legal theory in law enforcement, indonesia is currently applying a restorative justice approach in law enforcement. with the restorative justice approach in law enforcement in indonesia, law enforcement is not necessarily indoctrinated by positivism, which can minimize the values of justice in law enforcement. restorative justice is expected to be one of the ways or alternatives for handling criminal acts or crimes that prioritize restoring the balance of relations between perpetrators of crimes and victims18. the restorative justice approach in enforcing criminal law is, of course, intended so that it does not only enforce the law but is more focused on upholding justice. of course, it prioritizes that the law must be beneficial to the community and not only be something that forces the community so that the law can be enforced. provide benefits to people's lives in the nation and state. the development of the current legal school in indonesia is, of course, not only based on the paradigm of positivism; although there are still very many law enforcers who have a paradigm of legal positivism, currently, law enforcement is also required to be able to apply social justice in the context of law enforcement and justice. with the restorative justice approach in law enforcement and justice, it is hoped that laws can be created that can benefit the community. the flow of law in the legal system is indeed significant, especially about law enforcement in a country, because from this, it is seen how to enforce the law in a country, whether to protect its people or even force its people to make people have a view of the law that forces, without looking at other aspects such as the social aspect of humanity. based on article 24, paragraph (1) of the 1945 constitution of the republic of indonesia, judicial power is independent to administer justice to uphold law and justice. view articles, law and justice, must be enforced properly. the article states that the implementation of the judiciary is to enforce the law. according to the indonesian constitution, the law must be enforced properly; this is an application of the positivism paradigm, but on the other hand, based on the constitutional mandate, not only must the law be enforced, but justice must also be upheld so that it is not only based on the law or the law. , but in the context of law enforcement, one must also prioritize the values of justice so that the law can benefit the community. law enforcement in the current state of indonesia must, of course, prioritize the values of pancasila. this can be seen in the court's decision which in “irah-irah” contains writings for justice based on the one godhead. this is a reflection of the values of the pancasila first precepts. also, law enforcement must reflect the values of social justice for all indonesian people, which is also the 5th precept of pancasila. the implementation of pancasila values in law enforcement is indeed 18ulang mangun sosiawan. perspektif restorative justice sebagai wujud perlindungan anak yang berhadapan dengan hukum. jurnal penelitian hukum de jure. vol. 16 no. 4 , desember 2016. http://dx.doi.org/10.30641/dejure.2016.v16.425-438 https://www.jhcls.org/index.php/jhcls http://dx.doi.org/10.30641/dejure.2016.v16.425-438 188 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) essential, which of course, the implementation of pancasila values is intended to promote the values of social justice in law enforcement where justice is the primary goal, to achieve justice, not only the law is enforced, but the law must reflect the values of justice, which of course does not only look at an action in terms of the law but how the act is seen from the social aspect of society, which with this is certainly intended to create social justice for all people of indonesia. 4. conclusion law enforcement is an essential thing in the legal system of a country, given that the country's legal system is different in each country; then, as a legal basis in law enforcement, it is also essential, this is of course, in order to prioritize the principles of law enforcement. justice in law enforcement. in order to realize the values of social justice for the people of indonesia, of course, law enforcement is not only based on positive law, but in the context of law enforcement in this country, indonesia must also prioritize the values of social justice for all indonesian people where this is a declaration pancasila values in law enforcement in the state of indonesia. in law enforcement in indonesia, in some cases, it seems that it is still strongly influenced by the flow of positivism, which of course, can affect the values of justice in law enforcement. therefore, to realize the indonesian state as a state of law, in the context of exercising judicial power, of course, not only law enforcement but justice must also be appropriately enforced, which is as stated in article 24 paragraph (1) of the constitution of the republic of indonesia. indonesia year 1945. references a. sukris sarmadi. membebaskan positivisme hukum ke ranah hukum progresif. jurnal dinamika hukum vol. 12 no. 2 mei 2012. http://dx.doi.org/10.20884/1.jdh.2012.12.2.58 deni nuryadi. teori hukum progresif dan penerapannya di indonesia. jurnal ilmiah hukum de’jure. volume 1. nomor 2. september 2016 https://doi.org/10.35706/dejure.v1i2.515 faissal malik. tinjauan terhadap teori positivisme hukum dalam sistem peradilan pidana indonesia. jurnal pendidikan kewarganegaraan undiksha. vol. 9 no. 1 (februari, 2021) https://doi.org/10.23887/jpku.v9i1.31488 fx. adji samekto. menelusuri akar pemikiran hans kelsen tentang stufenbeautheorie dalam pendekatan normatif filosofis. jurnal hukum progresif, vol. 7, no. 1, april 2019. https://doi.org/10.14710/hp.7.1.1-19 ulang mangun sosiawan. perspektif restorative justice sebagai wujud perlindungan anak yang berhadapan dengan hukum. jurnal penelitian https://www.jhcls.org/index.php/jhcls http://dx.doi.org/10.20884/1.jdh.2012.12.2.58 https://doi.org/10.35706/dejure.v1i2.515 https://doi.org/10.23887/jpku.v9i1.31488 https://doi.org/10.14710/hp.7.1.1-19 issn 2807-2812 journal of human rights, culture and legal system 189 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) hukum de jure. vol. 16 no. 4 , desember 2016. http://dx.doi.org/10.30641/dejure.2016.v16.425-438 auke jvan dijk. et.al. law enforcement and public health: recognition and enhancement of joined-up solutions. the lancet. volume 393, issue 10168, 19– 25 january 2019, pages 287-294. https://doi.org/10.1016/s0140-6736(18)32839-3 kenyahagi. law enforcement with motivated agents. international review of law and economics. volume 66, june 2021, 105982. https://doi.org/10.1016/j.irle.2021.105982 manoj kumar. et.al. modelling and prevention of crime using age-structure and law enforcement. journal of mathematical analysis and applications.(2022), 126849. https://doi.org/10.1016/j.jmaa.2022.126849 stephanie schweitzer dixon. law enforcement suicide: the depth of the problem and best practices for suicide prevention strategies. aggression and violent behavior. volume 61, november–december 2021, 101649. https://doi.org/10.1016/j.avb.2021.101649 berno buechel. et.al. optimal law enforcement with sophisticated and naïve offenders. journal of economic behavior & organization. volume 177, september 2020, pages 836-857. https://doi.org/10.1016/j.jebo.2020.07.004 tim friehe. et.al. law enforcement in a federal system: endogenous timing of decentralized enforcement effort. international review of law and economics. volume 56, december 2018, pages 134-141. https://doi.org/10.1016/j.irle.2018.09.002 gishandissanaike. the economics of law enforcement: quasi-experimental evidence from corporate takeover law. journal of corporate finance. volume 67, april 2021, 101849. https://doi.org/10.1016/j.jcorpfin.2020.101849 jai prakashtripathi. et.al. dynamical analysis and effects of law enforcement in a social interaction model. physica a: statistical mechanics and its applications. volume 567, 1 april 2021, 125725. https://doi.org/10.1016/j.physa.2020.125725 robertdur. et.al. salience of law enforcement: a field experiment. journal of environmental economics and management. volume 93, january 2019, pages 208-220. https://doi.org/10.1016/j.jeem.2018.11.011 tom campbell. law and morality: an analytical perspective. international encyclopedia of the social & behavioral sciences (second edition). 2015, pages 483-488. https://doi.org/10.1016/b978-0-08-097086-8.63044-1 abdul kadir jaelani. et.al. the crime of damage after the constitutional court's decision number 76/puu-xv/2017. journal of human rights, culture and legal system, volume 1, no. 1, 2021. https://doi.org/10.53955/jhcls.v1i1.5 susan s.silbey. legal culture and legal consciousness. international encyclopedia of the social & behavioral sciences (second edition). 2015, pages 726-733. https://doi.org/10.1016/b978-0-08-097086-8.86067-5 stefan magen. philosophy of law. international encyclopedia of the social & behavioral sciences (second edition). 2015, pages 24-30. https://doi.org/10.1016/b978-0-08-097086-8.63106-9 https://www.jhcls.org/index.php/jhcls http://dx.doi.org/10.30641/dejure.2016.v16.425-438 https://doi.org/10.1016/s0140-6736(18)32839-3 https://doi.org/10.1016/j.irle.2021.105982 https://doi.org/10.1016/j.jmaa.2022.126849 https://doi.org/10.1016/j.avb.2021.101649 https://doi.org/10.1016/j.jebo.2020.07.004 https://doi.org/10.1016/j.irle.2018.09.002 https://doi.org/10.1016/j.jcorpfin.2020.101849 https://doi.org/10.1016/j.physa.2020.125725 https://doi.org/10.1016/j.jeem.2018.11.011 https://doi.org/10.1016/b978-0-08-097086-8.63044-1 https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.1016/b978-0-08-097086-8.86067-5 https://doi.org/10.1016/b978-0-08-097086-8.63106-9 190 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 178-190 arsyad aldyan, et.al, (the model of law enforcement …) brian z.tamanaha. legal positivism. international encyclopedia of the social & behavioral sciences (second edition). 2015, pages 762-766. https://doi.org/10.1016/b978-0-08-097086-8.86074-2 thomas f.gordon. an abductive theory of legal issues. international journal of man-machine studies. volume 35, issue 1, july 1991, pages 95-118. https://doi.org/10.1016/s0020-7373(07)80009-5 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/b978-0-08-097086-8.86074-2 https://doi.org/10.1016/s0020-7373(07)80009-5 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 87-99 87 https://doi.org/10.53955/jhcls.v2i2.44 journalhumanrightslegalsystem@gmail.com the conceptualization of environmental administration law in environmental pollution control fatma ulfatun najichaa* lego karjokoa i gusti ayu ketut rachmi handayania rosita chandrakiranaa dian furqani tenrilawab a faculty of law, universitas sebelas maret, surakarta, indonesia. bfaculty of law, aligarh muslim university, india. *corresponding author: fatmanajicha_law@staff.uns.ac.id 1. introduction the environment is one of the most important components of life. the environment provides many benefits and functions for humans to carry out activities and live in it. the environment must be preserved, cared for, and empowered so that it remains sustainable and well maintained. the environment is used to place human activities on it, one of which is industry.1 the general explanation of law number 32 of 2009 concerning environmental protection and management (uu pplh) states that environmental criminal law enforcement continues to pay attention, which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful.2 however, the ultimum remedium principle only applies to certain formal criminal acts, namely the punishment of violations 1katherine sievert and others, ‘what’s really at “steak”? understanding the global politics of red and processed meat reduction: a framing analysis of stakeholder interviews’, environmental science and policy, 137.august (2022), 12–21 https://doi.org/10.1016/j.envsci.2022.08.007 2yoon young chun and others, ‘what will lead asian consumers into circular consumption? an empirical study of purchasing refurbished smartphones in japan and indonesia’, sustainable production and consumption, 33 (2022), 158–67 https://doi.org/10.1016/j.spc.2022.06.015 a r t i c l e i n f o a b s t r a c t article history received: february 20, 2022 revised: july 23, 2022 accepted: july 30, 2022 environment is an essential element of life. the domain offers a variety of advantages and functions for humans to carry out activities and reside there. this is normative legal research using secondary sources. according to the study's findings, environmental law enforcement can be conducted both punitively and preventatively, depending on its effectiveness and nature. the lack of coordination between sectors (government officials), the absence of a monitoring plan, and the lack of environmental supervisors are obstacles to ecological monitoring. this is an open-access article under the cc–by 4.0 license. keywords environmental; administration law; pollution; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:fatmanajicha_law@staff.uns.ac.id https://doi.org/10.1016/j.envsci.2022.08.007 https://doi.org/10.1016/j.spc.2022.06.015 https://creativecommons.org/licenses/by/4.0/ 88 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) of waste water quality standards, emissions, and disturbances, as regulated in article 100 of the pplh law.3 thus, for other criminal acts (other than article 100), the ultimum remedium principle does not apply. this means that law enforcement against criminal acts other than article 100 applies the premium remedium principle (prioritizing law enforcement through criminal law means). unlike the previous law, namely law no. 23 of 1997, concerning environmental management.4 the general explanation of law no. 23 of 1997 states that as a support for administrative law, the enactment of criminal law provisions still takes into account the principle of subsidiarity, namely, that criminal law should be utilized if sanctions in other legal fields, such as administrative sanctions and civil sanctions, and alternative settlements of environmental disputes are ineffective. the level of the perpetrator's fault is relatively severe, the consequences of his actions are relatively significant, and his actions cause public unrest. thus, based on this law, law enforcement against criminal acts in the environmental field adheres to the ultimum remedium principle.5 according to drupsteen, from an environmental law point of view, it is quite clear that the possibilities for regulating environmental issues with the aid of criminal law are very limited. the regulation of environmental issues should mainly be achieved through the implementation of environmental policies by the parties ruler. the environmental policy is, in part, formulated in legal norms or statutory regulations.6 others are formulated outside of legal norms, for example, through environmental education and the creation of environmental awareness. if environmental policies are not formulated in the form of legal norms, then law enforcement cannot be carried out through the use of criminal law. on the other hand, for legal norms relating to the environment, law enforcement efforts through criminal law are more complementary than regulatory instruments.7 in relation to the preceding, the expansion of development carries the risk of pollution and environmental destruction, which leads to the destruction of the 3carlos eduardo lourenco and others, ‘we need to talk about infrequent high volume household food waste: a theory of planned behaviour perspective’, sustainable production and consumption, 33 (2022), 38–48 https://doi.org/10.1016/j.spc.2022.06.014 4amir hatamkhani, ali moridi, and masoud asadzadeh, ‘water allocation using ecological and agricultural value of water’, sustainable production and consumption, 33 (2022), 49–62 https://doi.org/10.1016/j.spc.2022.06.017 5stephen a. sutton and others, ‘“village” as verb: sustaining a transformation in disaster risk reduction from the bottom up’, environmental science and policy, 137.november 2021 (2022), 40–52 https://doi.org/10.1016/j.envsci.2022.08.009 6li li and others, ‘urban residents’ acceptance of recycled water: an improved innovationdecision model considering the needs satisfied and social characteristics’, sustainable production and consumption, 33 (2022), 1005–17 https://doi.org/10.1016/j.spc.2022.08.026 7denis arinabo, ‘unveiling the role of contextual factors in the evolution of urban floods in sub-saharan africa: lessons from kampala city’, environmental science and policy, 137.june 2021 (2022), 239–48 https://doi.org/10.1016/j.envsci.2022.09.001 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.spc.2022.06.014 https://doi.org/10.1016/j.spc.2022.06.017 https://doi.org/10.1016/j.envsci.2022.08.009 https://doi.org/10.1016/j.spc.2022.08.026 https://doi.org/10.1016/j.envsci.2022.09.001 issn 2807-2812 journal of human rights, culture and legal system 89 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) basic structure and function of the ecosystem that sustains life. this is a social burden because in the end the community and the government must shoulder the recovery costs.8 to increase the carrying capacity of the environment, maintaining a good and healthy ecosystem is a responsibility that requires the participation of every member of the community. in order to achieve sustainability and become a guarantee for the welfare of present and future generations, judicious development (especially in the environmental field) must be founded on environmental awareness.9 the abundance of natural resources owned by the indonesian people is a crucial asset in the implementation of national development.10 as a party or institution, the government has the authority to manage and utilize it. i nyoman nurjaya stated that if the implementation of national development is only concerned with increasing state income and foreign exchange (state revenue), then the principles of justice, democratization, and the sustainability of the function of natural resources are disregarded. this is one form of environmental problems emerging.11 2. research method the research used in writing this journal uses normative legal research methods that use library research, namely, research in the field of law that uses the law as a basis for norms and is carried out by researching library materials or secondary data,12 to search for materials based on existing laws, both in the form of laws and 8sean low, chad m. baum, and benjamin k. sovacool, ‘undone science in climate interventions: contrasting and contesting anticipatory assessments by expert networks’, environmental science and policy, 137.august (2022), 249–70 https://doi.org/10.1016/j.envsci.2022.08.026 9ahmad siboy and others, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.23 10nurfaika ishak, romalina ranaivo, and mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.24 11silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system vol., 2.1 (2022), 1–13 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.21 12tri hartini, ‘legal policy of protection covid-19 patients in hospitals’, journal of human rights, culture and legal system, 2.1 (2022), 45–57 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.25 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.envsci.2022.08.026 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.23 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.24 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.21 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.25 90 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) books from experts.13 this normative legal research is used to study the role of environmental administrative law in tackling environmental problems.14 3. results and discussion the environmental regulations divide environmental issues into two categories: environmental pollution and environmental destruction. stewart and krier categorize environmental issues as environmental pollution (pollution), land misuse (land misuse), and depletion of natural resources.15 the primary distinction between environmental pollution and depletion of natural resources is that pollution can result from the introduction or presence of a substance, energy, or component into a particular ecosystem or environment. thus, the substance, energy, or component is foreign or something that initially did not exist in an environmental area but is now present in a particular quantity or quality due to human activities. on the other hand, depletion of natural resources means that natural resources are located or exist in the context of their origin or area of origin, and then they are continuously and uncontrollably extracted by humans in a certain manner and quantity, resulting in environmental degradation.16 the negative impact of a decrease in the quality of the environment either due to pollution or the depletion of natural resources is the emergence of threats or negative impacts on health, decreased aesthetic value, economic losses (economic costs), and disruption of natural systems (natural systems). the impact on human health mainly comes from environmental pollution. the impact of environmental pollution can often only be felt after several years or decades since the entry of a substance into the environment.17 environmental pollution also causes damage to the aesthetics of the environment or the environment in which humans live, such as: disturbance of smell, noise, smoke or fog. in addition, economic losses will be suffered by victims of environmental pollution or destruction. in the end, environmental problems will change the natural system. deforestation, degraded land, depletion of the ozone layer, global warming, oil spills in the sea, fish die in 13femmy silaswaty faried, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 14muhammad ridwansyah and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, journal of human rights, culture and legal system vol., 2.1 (2022), 55–65 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.27 15hilde brouwers and others, ‘accommodating coexisting impact rationales in knowledge coproduction: the case of the natuurpact reflexive evaluation’, environmental science and policy, 137.july 2021 (2022), 32–39 https://doi.org/10.1016/j.envsci.2022.07.033 16ahmed alengebawy and others, ‘a comparative life cycle assessment of biofertilizer production towards sustainable utilization of anaerobic digestate’, sustainable production and consumption, 33 (2022), 875–89 https://doi.org/10.1016/j.spc.2022.08.016 17cézar di paula da silva pìnheiro and others, ‘agribusiness and environmental conservation in tropical forests in the eastern amazon’, sustainable production and consumption, 33 (2022), 863– 74 https://doi.org/10.1016/j.spc.2022.08.015 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.31 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.27 https://doi.org/10.1016/j.envsci.2022.07.033 https://doi.org/10.1016/j.spc.2022.08.016 https://doi.org/10.1016/j.spc.2022.08.015 issn 2807-2812 journal of human rights, culture and legal system 91 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) creeks due to chemicals, and the extinction of certain species are environmental problems that can change natural systems.18 the environmental destruction caused by decades of uncontrolled logging of indonesia's forests, resulting in massive tropical forest shrinkage, has a significant impact on the state of indonesia's ecosystems. the impact of logging on the surrounding community and even the global community is extremely negative. destruction of forests causes not only economic damage but also irreplaceable human lives to be lost. another effect is the loss of indonesia's and the world's lungs. climate change will occur as a result of global warming, with some regions experiencing increased rainfall that causes floods and landslides, while other regions experience prolonged drought.19 environmental pollution can cross national boundaries in the form of river water pollution, air emissions, forest fires, oil pollution in the sea, and so on. what is more concerning is that environmental crimes in the form of illegal disposal of dangerous waste in various countries have led to organized transnational crimes, and this was seriously discussed at the world ministerial conference on organized transnational crimes in naples on november 21–23, 1994. conceptually, this is in line with the understanding that a crime that violates the provisions on environmental protection is a criminal crime. this is related to the fact that environmental crimes often have international or transnational impacts.20 consequently, environmental problems that are linked to human rights issues are not only country-specific but also regional and even global (global) issues. this is evident from the commission on crime prevention and criminal justice's 1992– 1996 work program, which emphasized the connection between environmental issues and the criminal justice system. on this basis, the 9th united nations congress on crime prevention and development of perpetrators, held in cairo from april 29 to may 8, 1995, made environmental issues one of its primary topics of discussion.21 pollution and environmental destruction occur when the cycle of materials and materials in the environment shifts and changes, disrupting the equilibrium of its function and/or structure. the natural process, an imbalance in the structure and function of the material cycle will occur; it can also be caused by human actions. 18stephen nyabire akanyange and others, ‘a holistic assessment of microplastic ubiquitousness: pathway for source identification in the environment’, sustainable production and consumption, 33 (2022), 113–45 https://doi.org/10.1016/j.spc.2022.06.020 19andreia santos, ana carvalho, and ana barbosa-póvoa, ‘a methodology for integrating the characterization factors uncertainty into life cycle assessments’, sustainable production and consumption, 33 (2022), 1018–30 https://doi.org/10.1016/j.spc.2022.08.018 20rafael marcuzzo and others, ‘a multi-country simulation-based study for end-of-life solar pv panel destination estimations’, sustainable production and consumption, 33 (2022), 531–42 https://doi.org/10.1016/j.spc.2022.07.021 21v. c. shruti and others, ‘strengthening citizen science partnerships with frontline sanitation personnel to study and tackle plastic pollution’, environmental science and policy, 137.april 2020 (2022), 70–74 https://doi.org/10.1016/j.envsci.2022.08.011 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.spc.2022.06.020 https://doi.org/10.1016/j.spc.2022.08.018 https://doi.org/10.1016/j.spc.2022.07.021 https://doi.org/10.1016/j.envsci.2022.08.011 92 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) today, humans engage in numerous activities to satisfy their biological and technological needs, resulting in significant pollution and environmental destruction. in an effort to alter the human environment in order to improve the quality of life, pollution can occur.22 the water resources consist of water, water sources, and the water resources they contain. water refers to all water found on, above, or below the earth's surface, including surface water, groundwater, precipitation, and seawater on land. surface water comprises all the water found on the surface of the earth. water sources are natural and/or artificial water locations or containers found above, on, or below the surface of the earth.23 it is believed that water is a divine gift. it is inconceivable that humans could survive in the absence of water, as it is essential to their activities and creativity. however, not all water is useful for human consumption. humans can only consume water that is free of impurities and of high quality. water is beneficial to human existence. this rationale creates a mindset that positions water as a vital resource. from any vantage point, water cannot be separated from life; in this context, water cannot be denied as a source of life and a means of sustenance for the continued existence of human life. the rights pertaining to the use of water include each individual's protected need to obtain water.24 in accordance with human rights regulations, access to water is a fundamental right. as the world's population and population density continue to rise, the demand for water will continue to rise from year to year; therefore, the need for clean water in various countries is crucial for the continuation of human life. using water as a source of life necessitates compliance with numerous national and international legal regulations. article 28 h (1) of the 1945 law states that "everyone has the right to enjoy physical and spiritual well-being, a healthy living environment, and access to health services."25 in the 1948 declaration of human rights, it was stated that everyone has the right to a certain standard of living with guaranteed health and well-being for themselves and their families, including clothing, food, shelter, and care, as well as the necessary social services. because the demand for and dependence on water in indonesia are so great, it is crucial to regulate the use of water sources. in 22matthieu mondou and others, ‘policy forums and learning in fields underpinned by regulatory science’, environmental science & policy, 137.june (2022), 349–58 https://doi.org/10.1016/j.envsci.2022.09.007 23dewi nurul savitri, ‘legal policy on the protection of the right to health during the covid-19 pandemic in france’, bestuur, 10.1 (2022), 1–11 https://doi.org/https://doi.org/10.20961/bestuur.v10i1.54449 24utkarsh k. mishra and abhishek negi, ‘transgender and the right to employment in india: analysing the trajectories of discrimination’, bestuur, 9.1 (2021), 34 https://doi.org/10.20961/bestuur.v9i1.51997 25dong li and others, ‘achieving pn through the selective recovery of aob activity in inactivated nitrifying bacteria: combined aerobic starvation and fa’, journal of environmental management, 321.june (2022), 116004 https://doi.org/10.1016/j.jenvman.2022.116004 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.envsci.2022.09.007 https://doi.org/https:/doi.org/10.20961/bestuur.v10i1.54449 https://doi.org/10.20961/bestuur.v9i1.51997 https://doi.org/10.1016/j.jenvman.2022.116004 issn 2807-2812 journal of human rights, culture and legal system 93 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) accordance with article 33, paragraph 3 of the 1945 constitution of the republic of indonesia, which stipulates that the state is the holder of control over water, the state is obligated to ensure the availability of water through a variety of means. the right to water becomes a sure guarantee of an equal standard of living, given that this right is a precondition for determining one's ability to survive.26 the state's role in managing and implementing policies to provide protection and promote the principle of state control over significant production branches in order to meet the needs of a large population. the control of this state's rights should prioritize the interests and human rights of the people, particularly in the distribution of environmental resources. the unitary state of the republic of indonesia guarantees the rights of article 33, paragraph 2 of the 1945 constitution, which states that the earth and natural resources belong to the state and are utilized for the benefit of the people. regarding pp no. 122 of 2015 pertaining to the drinking water supply system by pdam and the availability of regular, clean water.27 in indonesia, clean water comes from a variety of sources, including dug wells, pdam, and pump wells, in order to meet the country's needs. the 1945 constitution addresses the human rights to clean and healthy water, particularly a healthy and pleasant living environment, as well as the availability of health services. this suggests that everyone should have access to a decent place to live. the applicable environmental law, namely the environmental protection and management act no. 32 of 2009, chapter i article point (1) defines the environment as the totality of all objects, conditions, and living things, including humans and their behavior, which affect the survival and well-being of humans and other living things.28 this explains that the living environment is comprised of various interacting ecosystems, including humans, plants, and animals, as well as those inherent in all things, such as groundwater, air, seasons, and natural resources. consequently, there is a connection between a healthy environment and the implementation of the right to clean and healthy water, which is an integral component of the environment. regarding a good and healthy environment, it is positively correlated with the right to water, which is a human right.29 26mas pungky hendra wijaya and mohammad zulfikar ali, ‘legislation impediments in reorganising government bodies in indonesia’, bestuur, 9.1 (2021), 1 https://doi.org/10.20961/bestuur.v9i1.51633 27anom wahyu asmorojati and others, ‘the impact of covid-19 on challenges and protection practices of migrant workers’ rights’, bestuur, 10.1 (2022), 43 https://doi.org/10.20961/bestuur.v10i1.60179 28mukand s. babel and others, ‘a disaggregated assessment of national water security: an application to the river basins in thailand’, journal of environmental management, 321.december 2021 (2022), 115974 https://doi.org/10.1016/j.jenvman.2022.115974 29jincheng li and others, ‘a high-resolution nutrient emission inventory for hotspot identification in the yangtze river basin’, journal of environmental management, 321.august (2022), 115847 https://doi.org/10.1016/j.jenvman.2022.115847 https://www.jhcls.org/index.php/jhcls https://doi.org/10.20961/bestuur.v9i1.51633 https://doi.org/10.20961/bestuur.v10i1.60179 https://doi.org/10.1016/j.jenvman.2022.115974 https://doi.org/10.1016/j.jenvman.2022.115847 94 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) in law no. 36 of 2009 concerning health, in the points of consideration, it is explained: (1) that health is a human right and one of the elements of welfare that must be realized in accordance with the ideals of the indonesian nation in pancasila and the 1945 constitution of the republic of indonesia; (2) that every activity in an effort to monitor and impair the quality of the environment shall be prohibited roger h. soltau defines the state in his book budiardjo as an agency or authority that regulates or controls common problems on behalf of the people. harold j. laski asserted that the state is an integrated society because it possesses greater coercive and legal authority than the individuals or groups that make up that society.30 the state is a tool (agency) or authority (authority) with a coercive nature, which regulates or controls common problems for the benefit of the people, according to the opinion presented above. furthermore, according to roger h. soltau, the purpose of the state is to allow its citizens as much freedom as possible to develop and express their creativity. nevertheless, regardless of its ideology, every nation must perform the following minimum functions: a) maintaining order as a stabilizing force; b) promoting the well-being and prosperity of its citizens; c) ensuring national security; and d) upholding justice.31 the recognition of access to water as a human right signifies two things: first, an acknowledgment of the importance of water to human life, and second, the necessity of protecting everyone's right to access water. for the sake of this protection, it is necessary to assert that the right to water becomes a priority within the human rights legal field. as with other human rights, the state must respect, protect, and fulfill it; the formulation and planning of national water strategies and national action plans (including laws and policies) should be based on the concept of rights-based development, which places people at the center of development rather than as mere recipients. a rights-based approach integrates international human rights system norms, standards, and principles into development planning, policies, and processes.32 the implication of recognizing the right to water is that the state is obligated to implement such a mechanism to ensure public access to water. this mechanism must be governed so that it does not afford the state the opportunity to delegate its responsibilities to third parties. the recognition of this right to water provides the state with the opportunity to impose restrictions on water resources. this does not imply that everyone must receive water for free with no restrictions on the amount of use, which would allow those with more resources to obtain more 30brouwers and others. 31k. m. hatch and others, ‘evaluating phytochemical and microbial contributions to atrazine degradation’, journal of environmental management, 321.august (2022), 115840 https://doi.org/10.1016/j.jenvman.2022.115840 32 hatch and others. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jenvman.2022.115840 issn 2807-2812 journal of human rights, culture and legal system 95 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) water. certain restrictions on certain individuals or groups of individuals are required to ensure that everyone's right to water is met.33 the increase in development activities carries the risk of pollution and environmental destruction, so that the basic structure and function of the ecosystem that supports life will be damaged. one of the legal regulations related to environmental conservation efforts is uupplh. everyone is obliged to maintain the preservation of environmental functions and prevent and overcome environmental pollution and destruction. efforts to maintain sustainability and prevent environmental pollution are obligations that are imposed on everyone, both as individuals and as social beings in community life. according to the explanation of uupplh, the obligation to preserve environmental functions and prevent pollution implies that everyone participates in efforts to maintain the environment.34 in the theoretical-juridical perspective, efforts to preserve and prevent environmental pollution are borne by industrial companies in the country. therefore, facing the dynamics of the activities of industrial companies today, theoretically and idealistically, the legal principles of environmental conservation should still be used as the basis for commitments for industrial companies in actualizing their economic activities.35 taking into account the idea of protecting the environment's functions, this is a legal tool that businesses in the country cannot ignore. in other words, the legal principle of preserving environmental functions contains several fundamental aspects that can prevent pollution of national industrial waste. for this reason, it is realized that the activities of industrial companies can cause environmental pollution. consequently, the waste it produces is seen as a dangerous threat to the survival of the community and the environment itself. so, putting the principle of preserving environmental functions into action is mostly about making sure that the environment doesn't get polluted or damaged because businesses aren't as committed to preserving environmental functions when they do business.36 33antonino spanu and others, ‘influence of irrigation methods on arsenic speciation in rice grain’, journal of environmental management, 321.august (2022) https://doi.org/10.1016/j.jenvman.2022.115984 34nur putri hidayah, quincy r. cloet, and david pradhan, ‘the implementation of labor development principles according to job creation law as a reason to protect wages rights’, bestuur, 9.1 (2021), 94 https://doi.org/10.20961/bestuur.v9i1.49252 35ayanda shabalala and vhahangwele masindi, ‘insights into mechanisms governing the passive removal of inorganic contaminants from acid mine drainage using permeable reactive barrier’, journal of environmental management, 321.august (2022), 115866 https://doi.org/10.1016/j.jenvman.2022.115866 36amrit kumar mishra and syed hilal farooq, ‘lack of ecological data hinders management of ecologically important saltmarsh ecosystems: a case study of saltmarsh plant porterasia coarctata (roxb.)’, journal of environmental management, 321.august (2022), 115957 https://doi.org/10.1016/j.jenvman.2022.115957 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jenvman.2022.115984 https://doi.org/10.20961/bestuur.v9i1.49252 https://doi.org/10.1016/j.jenvman.2022.115866 https://doi.org/10.1016/j.jenvman.2022.115957 96 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) the principle of compensation is another environmental law principle that can be utilized as a preventative measure against the pollution of national industrial waste. the provisions of article 87 paragraphs (1)-(4) uupplh demonstrate the legal basis for the principle of compensation for environmental pollution. these normative provisions are the manifestation of the polluter pays principle in environmental law. in addition to being required to pay compensation, a judge may be required to pay environmental polluters and/or destroyers to take certain legal actions, such as an order to install or repair a waste management unit so that waste complies with the specified environmental quality standards; restore environmental functions; or eliminate or destroy the causes of pollution and/or environmental destruction. the imposition of forced payment (dwangsom) for each day of delay in carrying out court-ordered actions is for the purpose of preserving environmental functions.37 4. conclusion the purpose of law enforcement is to enforce the legal norms and rules underlying these norms. article 65 paragraph (1) of law number 32 of 2009 concerning environmental protection and management regulates environmental protection and management in indonesia. in accordance with its effectiveness and nature, environmental law can be enforced both punitively and preventively. if a person or business entity violates the provisions of the law governing environmental administration, administrative sanctions and fines are imposed for environmental protection, control, and management. references akanyange, stephen nyabire, yan zhang, xiaohan zhao, gifty adom-asamoah, abdul rasheed abubakari ature, cosmos anning, and others, ‘a holistic assessment of microplastic ubiquitousness: pathway for source identification in the environment’, sustainable production and consumption, 33 (2022), 113–45 https://doi.org/10.1016/j.spc.2022.06.020 alengebawy, ahmed, badr a. mohamed, keda jin, tingting liu, nirmal ghimire, mohamed samer, and others, ‘a comparative life cycle assessment of biofertilizer production towards sustainable utilization of anaerobic digestate’, sustainable production and consumption, 33 (2022), 875–89 https://doi.org/10.1016/j.spc.2022.08.016 arinabo, denis, ‘unveiling the role of contextual factors in the evolution of urban floods in sub-saharan africa: lessons from kampala city’, environmental science and policy, 137.june 2021 (2022), 239–48 https://doi.org/10.1016/j.envsci.2022.09.001 asmorojati, anom wahyu, muhammad nur, indah kusuma dewi, and hezlina 37wijaya and ali. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.spc.2022.06.020 https://doi.org/10.1016/j.spc.2022.08.016 https://doi.org/10.1016/j.envsci.2022.09.001 issn 2807-2812 journal of human rights, culture and legal system 97 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) hashim, ‘the impact of covid-19 on challenges and protection practices of migrant workers’ rights’, bestuur, 10.1 (2022), 43 https://doi.org/10.20961/bestuur.v10i1.60179 babel, mukand s., kaushal chapagain, victor r. shinde, somkiat prajamwong, and somkiat apipattanavis, ‘a disaggregated assessment of national water security: an application to the river basins in thailand’, journal of environmental management, 321.december 2021 (2022), 115974 https://doi.org/10.1016/j.jenvman.2022.115974 brouwers, hilde, lisa verwoerd, anne loeber, barbara regeer, and pim klaassen, ‘accommodating coexisting impact rationales in knowledge co-production: the case of the natuurpact reflexive evaluation’, environmental science and policy, 137.july 2021 (2022), 32–39 https://doi.org/10.1016/j.envsci.2022.07.033 chun, yoon young, mitsutaka matsumoto, kenichiro chinen, hideki endo, shu san gan, and kiyotaka tahara, ‘what will lead asian consumers into circular consumption? an empirical study of purchasing refurbished smartphones in japan and indonesia’, sustainable production and consumption, 33 (2022), 158–67 https://doi.org/10.1016/j.spc.2022.06.015 emovwodo, silaas oghenemaro, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system vol., 2.1 (2022), 1–13 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.21 hartini, tri, ‘legal policy of protection covid-19 patients in hospitals’, journal of human rights, culture and legal system, 2.1 (2022), 45–57 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.25 hatamkhani, amir, ali moridi, and masoud asadzadeh, ‘water allocation using ecological and agricultural value of water’, sustainable production and consumption, 33 (2022), 49–62 https://doi.org/10.1016/j.spc.2022.06.017 hatch, k. m., r. n. lerch, r. j. kremer, c. d. willett, c. a. roberts, and k. w. goyne, ‘evaluating phytochemical and microbial contributions to atrazine degradation’, journal of environmental management, 321.august (2022), 115840 https://doi.org/10.1016/j.jenvman.2022.115840 hidayah, nur putri, quincy r. cloet, and david pradhan, ‘the implementation of labor development principles according to job creation law as a reason to protect wages rights’, bestuur, 9.1 (2021), 94 https://doi.org/10.20961/bestuur.v9i1.49252 ishak, nurfaika, romalina ranaivo, and mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.24 k. mishra, utkarsh, and abhishek negi, ‘transgender and the right to employment in india: analysing the trajectories of discrimination’, bestuur, 9.1 (2021), 34 https://doi.org/10.20961/bestuur.v9i1.51997 li, dong, hao chen, xin gao, and jie zhang, ‘achieving pn through the selective https://www.jhcls.org/index.php/jhcls https://doi.org/10.20961/bestuur.v10i1.60179 https://doi.org/10.1016/j.jenvman.2022.115974 https://doi.org/10.1016/j.envsci.2022.07.033 https://doi.org/10.1016/j.spc.2022.06.015 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.21 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.25 https://doi.org/10.1016/j.spc.2022.06.017 https://doi.org/10.1016/j.jenvman.2022.115840 https://doi.org/10.20961/bestuur.v9i1.49252 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.20961/bestuur.v9i1.51997 98 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) recovery of aob activity in inactivated nitrifying bacteria: combined aerobic starvation and fa’, journal of environmental management, 321.june (2022), 116004 https://doi.org/10.1016/j.jenvman.2022.116004 li, jincheng, yan chen, kaikui cai, jiaxing fu, tang ting, yihui chen, and others, ‘a high-resolution nutrient emission inventory for hotspot identification in the yangtze river basin’, journal of environmental management, 321.august (2022), 115847 https://doi.org/10.1016/j.jenvman.2022.115847 li, li, xiaojun liu, yizhe ding, and na liu, ‘urban residents’ acceptance of recycled water: an improved innovation-decision model considering the needs satisfied and social characteristics’, sustainable production and consumption, 33 (2022), 1005–17 https://doi.org/10.1016/j.spc.2022.08.026 lourenco, carlos eduardo, gustavo porpino, cecília maria lobo araujo, luciana marques vieira, and daniele eckert matzembacher, ‘we need to talk about infrequent high volume household food waste: a theory of planned behaviour perspective’, sustainable production and consumption, 33 (2022), 38– 48 https://doi.org/10.1016/j.spc.2022.06.014 low, sean, chad m. baum, and benjamin k. sovacool, ‘undone science in climate interventions: contrasting and contesting anticipatory assessments by expert networks’, environmental science and policy, 137.august (2022), 249–70 https://doi.org/10.1016/j.envsci.2022.08.026 marcuzzo, rafael, wanderbeg correia de araujo, mauricio uriona maldonado, and caroline rodrigues vaz, ‘a multi-country simulation-based study for end-of-life solar pv panel destination estimations’, sustainable production and consumption, 33 (2022), 531–42 https://doi.org/10.1016/j.spc.2022.07.021 mishra, amrit kumar, and syed hilal farooq, ‘lack of ecological data hinders management of ecologically important saltmarsh ecosystems: a case study of saltmarsh plant porterasia coarctata (roxb.)’, journal of environmental management, 321.august (2022), 115957 https://doi.org/10.1016/j.jenvman.2022.115957 mondou, matthieu, steve maguire, h.m. tuihedur rahman, guillaume c.f. pain, and gordon m. hickey, ‘policy forums and learning in fields underpinned by regulatory science’, environmental science & policy, 137.june (2022), 349–58 https://doi.org/10.1016/j.envsci.2022.09.007 pìnheiro, cézar di paula da silva, luana c. silva, valente josé matlaba, and tereza cristina giannini, ‘agribusiness and environmental conservation in tropical forests in the eastern amazon’, sustainable production and consumption, 33 (2022), 863–74 https://doi.org/10.1016/j.spc.2022.08.015 ridwansyah, muhammad, and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, journal of human rights, culture and legal system vol., 2.1 (2022), 55–65 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.27 santos, andreia, ana carvalho, and ana barbosa-póvoa, ‘a methodology for integrating the characterization factors uncertainty into life cycle https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jenvman.2022.116004 https://doi.org/10.1016/j.jenvman.2022.115847 https://doi.org/10.1016/j.spc.2022.08.026 https://doi.org/10.1016/j.spc.2022.06.014 https://doi.org/10.1016/j.envsci.2022.08.026 https://doi.org/10.1016/j.spc.2022.07.021 https://doi.org/10.1016/j.jenvman.2022.115957 https://doi.org/10.1016/j.envsci.2022.09.007 https://doi.org/10.1016/j.spc.2022.08.015 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.27 issn 2807-2812 journal of human rights, culture and legal system 99 vol. 2, no. 2, july 2022, pp. 87-99 fatma ulfatun najicha, et.al (the conceptualization of environmental …) assessments’, sustainable production and consumption, 33 (2022), 1018–30 https://doi.org/10.1016/j.spc.2022.08.018 savitri, dewi nurul, ‘legal policy on the protection of the right to health during the covid-19 pandemic in france’, bestuur, 10.1 (2022), 1–11 https://doi.org/https://doi.org/10.20961/bestuur.v10i1.54449 shabalala, ayanda, and vhahangwele masindi, ‘insights into mechanisms governing the passive removal of inorganic contaminants from acid mine drainage using permeable reactive barrier’, journal of environmental management, 321.august (2022), 115866 https://doi.org/10.1016/j.jenvman.2022.115866 shruti, v. c., fermín pérez-guevara, priyadarsi d. roy, and gurusamy kutralammuniasamy, ‘strengthening citizen science partnerships with frontline sanitation personnel to study and tackle plastic pollution’, environmental science and policy, 137.april 2020 (2022), 70–74 https://doi.org/10.1016/j.envsci.2022.08.011 siboy, ahmad, al-fatih virga, dwi efendi, and putri hidayah, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.23 sievert, katherine, mark lawrence, christine parker, and phillip baker, ‘what’s really at “steak”? understanding the global politics of red and processed meat reduction: a framing analysis of stakeholder interviews’, environmental science and policy, 137.august (2022), 12–21 https://doi.org/10.1016/j.envsci.2022.08.007 silaswaty faried, femmy, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 spanu, antonino, ilaria langasco, francesco barracu, mario antonello deroma, josé fermín lópez-sánchez, andrea mara, and others, ‘influence of irrigation methods on arsenic speciation in rice grain’, journal of environmental management, 321.august (2022) https://doi.org/10.1016/j.jenvman.2022.115984 sutton, stephen a., douglas paton, petra buergelt, saut sagala, and ella meilianda, ‘“village” as verb: sustaining a transformation in disaster risk reduction from the bottom up’, environmental science and policy, 137.november 2021 (2022), 40–52 https://doi.org/10.1016/j.envsci.2022.08.009 wijaya, mas pungky hendra, and mohammad zulfikar ali, ‘legislation impediments in reorganising government bodies in indonesia’, bestuur, 9.1 (2021), 1 https://doi.org/10.20961/bestuur.v9i1.51633 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.spc.2022.08.018 https://doi.org/https:/doi.org/10.20961/bestuur.v10i1.54449 https://doi.org/10.1016/j.jenvman.2022.115866 https://doi.org/10.1016/j.envsci.2022.08.011 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.23 https://doi.org/10.1016/j.envsci.2022.08.007 https://doi.org/10.53955/jhcls.v2i1.31 https://doi.org/10.1016/j.jenvman.2022.115984 https://doi.org/10.1016/j.envsci.2022.08.009 https://doi.org/10.20961/bestuur.v9i1.51633 journal of human rights, culture and legal system, volume 1, no. 2, 2021 81 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). research article simplification of law regulations in copyright criminal act settlement soeleman djaiz baranyanan 1 1 faculty of law, universitas pattimura, maluku, indonesia  soeleman.djbaranyanan@gmail.com abstract the existence of overlapping laws and regulations in the intellectual property rights (ipr) sector creates conflicts in their implementation. for example, the obligation to mediate as a condition for carrying out criminal charges for copyright infringement is based on article 95 paragraph (4) of law number 28 of 2014 concerning copyright. mediation provisions in law number 30 of 1999 concerning arbitration are a way of settling civil disputes outside the court to settle by deliberation and consensus with the help of a mediator. meanwhile, mediation based on perma number 1 of 2008 is intended as an obligation for judges at the first level court in the district court and religious courts in the context of resolving civil disputes. settlement of copyright disputes is the authority of the commercial court, as a special court within the general court environment. however, the commercial court does not apply the obligation of mediation. the study results indicate that the simplification of legislation in the intellectual property sector will result in quality, simple, orderly legislation that will also increase investment, create employment opportunities, reduce the burden on society and the efficiency of the state budget. keywords: simplification; copyright; criminal act settlement. introduction indonesia is an archipelagic country where two-thirds of its territory is marine waters.1 geographically, almost 70 percent (70%) of indonesia's territory is an area that has the potential to store marine wealth and extraordinary natural wealth. the potential for marine wealth that is owned starts from the potential for fisheries, marine industry, marine services, transportation, marine tourism,2 while the natural potential can be seen from the variety of types of sweet potato plants, salak ponggoh, arabica coffee kintamani bali, etc., in addition, there are also products 1agustina soebachman, 2014, sejarah nusantara berdasarkan urutan tahun, surya media utama, yogyakarta, 2014, p. 14. 2kementerian kelautan dan perikanan republik indonesia, 2019, laporan kementerian kelautan dan perikanan republik indonesia tahun 2018, sekretaris jenderal kkp ri, jakarta, p. 17. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ 82 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). produced based on local culture, in the form of balinese gringsing weaving, jepara carved furniture, mandar silk weaving and so on.3 this potential becomes an interesting issue when it is associated with the protection of intellectual property rights (ipr). intellectual property rights (abbreviated as hki) is a significant issue related to international trade and economic growth. technological innovation and increasing economic power are very much needed for community growth and industrial development. technological innovation can bring prosperity to people's lives, and technological development encourages community growth.4 on april 15, 1994, the government of indonesia signed a final agreement containing the uruguay round of multilateral trade negotiation results. it ratified the agreement establishing the world trade organization with law number 7 of 1994 dated november 2, 1994, which contains the appendix to the agreement on trade-related aspects of intellectual property rights (trips agreement), which regulates internationally accepted standard norms regarding ipr. the trips agreement clarifies the position of ipr protection as a trade-related issue. the aim is to provide ipr protection and enforcement procedures by implementing measures that lead to fair trade. part ii of the trips agreement regulates ipr objects broadly, namely copyright and related rights (copyright and related rights), trademarks (trademarks), geographical indications (geographical indications), industrial designs, patents, designs layout-designs of integrated circuits, protection of undisclosed information.5 on the other hand, the trips agreement also regulates the prohibition of unfair competition practices and licensing agreements. conventionally, ipr is divided into 2 (two) parts, namely copyright, industrial property rights, which include; patents (patents), industrial designs (industrial designs), trademarks (trademarks), countermeasures against unfair competition practices (repression of unfair competition), layout designs of integrated circuits and trade secrets. the legal umbrella related to copyright protection has been replaced from law number 19 of 2002 with law number 28 of 2014 concerning copyright (in the future referred to as the copyright law). based on article 1, point 1 of the copyright law states that copyright is the exclusive right of the creator that arises automatically based on declarative principles after work is manifested in a tangible form without reducing restrictions following the provisions of the legislation.6 the state protects creators or related rights holders in the form of exclusive rights. copyright protection is declarative, not constitutive. protection in exclusive rights as a "reward" 3rian saputra, adi sulistiyono dan emmy latifah, “pendaftaran internasional sebagai upaya perlindungan indikasi geografis indonesia dalam perdagangan global (study peraturan pemerintah nomor 22 tahun 2018)”, jurnal ius kajian hukum dan keadilan, volume vii, nomor 2, agustus 2019. 4some of the main factors that trigger it are the introduction and popularization of the terms "creative industry" and then "creative economy," and what is even more interesting is the issue of whether or not ipr protection is needed for the nation's cultural heritage in the form of traditional knowledge (pt) and traditional cultural expressions. (ebt). specifically, regarding pt and nre, the debate that has occurred has even extended to the political realm concerning the continuity of relations between countries, such as what happened between indonesia and malaysia in connection with allegations of malaysia's claim to some indonesian cultural heritages, such as: batik, reog ponorogo, tari pendet, dan tari tor tor. disarikan dari basuki antariksa, “landasan filosofis dan sejarah perkembangan perlindungan hak kekayaan intelektual: relevansinya bagi kepentingan pembangunan di indonesia”, jurnal kepariwisataan indonesia, vol. 11, no.1, juni 2016. 5peter k.yu, “intellectual property, asian philosophy and the yin-yang school”, the wipo journal, volume 7,issue 1,tahun 2015. 6prasetyo hadi purwandoko dan m. najib imanullah, “application of natural law theory (natural right) to protect the intellectual property rights”, yustisia, vol. 6 no. 1 january – april 2017. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 83 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). is given to those who have given birth to their creations and encourages other creators to give birth to intellectual property rights. exclusive rights consist of moral rights and economic rights. moral rights are rights that are eternally attached to the creator. other exclusive rights of intellectual property rights are economical.7 economic rights in the form of exclusive rights of the creator or related rights holders to obtain financial benefits from the results of their copyrighted works. economic rights are controlled and owned by the creator or related rights holder and the party receiving the transfer or the party obtaining permission to exercise economic rights. as a result, other parties cannot use the said economic rights except after obtaining permission. without the permission of the creator or related rights holder, it is prohibited to commercialize copyrighted works in reproduction and or commercial use. the term "forbidden" is synonymous with not allowed, not allowed. thus, only creators and rights holders can exercise economic rights in order to obtain financial benefits. violation of the use of the creator's economic rights is a violation of the law with implications from both civil and criminal aspects.8 if other parties use the economic rights of the creator without permission, it means that they have violated the exclusive rights of the creator. creators and rights holders are protected from illegal use of their rights. to protect the creator, law enforcement must be carried out. good rules are meaningless if they are not enforced. intellectual property rights as well. protection is obtained by law enforcement through civil settlements and or illegal settlements. the right to file a civil lawsuit for infringement of copyright or related rights does not reduce the rights of the creator and/or owner of the related rights to prosecute criminally. civil settlements can be carried out before the court (litigation) or outside the court (non-litigation).9 settlement of copyright disputes by litigation is the authority of the commercial court, which is a special court within the general court environment. settlement in a criminal manner is a complaint offense within the authority of the district court.10 it is interesting to conduct a study on the settlement of copyright disputes as stipulated in article 95 of the copyright law. interestingly, article 95 regulates dispute resolution with a civil orientation, but article 95 paragraph (4) states that in addition to copyright infringement and/or related rights in the form of piracy, as long as the parties to the dispute are known to exist and/or are in the territory of the state. the unitary state of the republic of indonesia must first settle disputes through mediation before making criminal charges. efforts to settle through mediation have been reserved for civil disputes, but article 95 paragraph (4) of the copyright law requires mediation efforts before settlement through illegal means. criminal prosecution is a realm of public law where prosecutors represent the state making demands to protect the public interest. for criminal acts, the principle of legality is applied as stated in article 1 of the criminal code. in simple terms, it can be said that criminal threats are intended for those who have fulfilled the criminal element. the settlement of criminal acts is an effort to protect the state from its citizens. investigators and prosecutors represent the state's role as public prosecutors who will prove the 7 iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, 1.1 (2021), 1–17. 8sufiarina, “pergeseran tindak pidana hak cipta ke arah sengketa perdata (tinjauan atas pasal 95 ayat (4) undang-undang nomor 28 tahun 2014 tentang hak cipta)”, jurnal cita hukum, vol.5, no. 1 juni 2017. 9 redi res, ‘implementation of parate executie object of liability juridical overview of mortgage’, 1.1 (2021), 42–53. 10sufiarina, “pergeseran tindak pidana hak cipta ke arah sengketa perdata (tinjauan atas pasal 95 ayat (4) undang-undang nomor 28 tahun 2014 tentang hak cipta)”, jurnal cita hukum, vol.5, no. 1 juni 2017. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ 84 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). existence of an offense, and if the claim can be proven, the judge in court declares guilt and is given sanctions as stipulated in article 10 of the criminal code.11 article 95 paragraph (4) of the copyright law obliges the disputing parties to resolve through mediation before making criminal charges as long as the parties are in indonesia. this obligation to mediate is excluded from piracy. piracy is the illegal duplication of creations and/or related rights products and the wide distribution of the goods resulting from the reproduction to obtain economic benefits. from the provisions of article 95 paragraph (4) of the copyright act, acts of piracy are not charged with the obligation of mediation. the mediation obligation is only imposed on copyright crimes other than piracy as a condition for carrying out criminal charges.12 based on the above, the problems in this study include: how to simplify the laws and regulations in settlement of copyright crimes? what is the ideal model for enforcing copyright crimes that are optimal from an economic perspective? discussion simplification of legislation in settlement of copyright crimes copyright is the exclusive right of the creator that arises automatically based on declarative principles after work is realized in a tangible form without reducing restrictions following the provisions of laws and regulations. thus, any act intentionally or without the right to publish or reproduce a work can be categorized as a copyright crime. this arrangement can be seen in law no. 28 of 2014 concerning copyright below:13 tabel 1 copyright crime article act threat of punishment article 112 any person without rights removes, alters, or damages copyright management information and electronic copyright information (violates article 7 paragraph (3) and/or destroys, removes, or renders nonfunctioning technological control facilities used as protection of copyrighted works or related products as well as protection of copyright or related rights, except for the interests of national defense and security, as well as other reasons following the provisions of laws and regulations, or otherwise two years imprisonment and/or a maximum fine of rp. 300,000,000.00 (three hundred million rupiahs). 11trias palupi kurnianingrum, “materi baru dalam undang-undang nomor 28 tahun 2014 tentang hak cipta” negara hukum volume 6 nomor 1, edisi juni 2015. 12padrisan jamba, “analisis penerapan delik aduan dalam uu hak cipta untuk menanggulangi tindak pidana hak cipta di indonesia”, jurnal cahaya keadilan, vol.3, no.1, 2016. 13sufiarina, “pergeseran tindak pidana hak cipta ke arah sengketa perdata (tinjauan atas pasal 95 ayat (4) undang-undang nomor 28 tahun 2014 tentang hak cipta)”, jurnal cita hukum, vol.5, no. 1 juni 2017. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 85 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). agreed (article 52) for commercial use. article 113 paragraph (1) any person who unlawfully violates the economic rights of the creator in the form of leasing the work (regulated in article 9 paragraph (1) letter (i) for commercial use. maximum imprisonment of one year and/or a maximum fine of rp. 100,000,000 (one hundred million rupiahs). article 113 paragraph (2) any person who without rights and/or without permission of the creator or copyright holder violates the economic rights of the creator in the form of translation of the work, adaptation, arrangement or transformation of the work, the performance of the work, communication of the creation (regulated in article 9 paragraph (1) letter c, letter d, letter f, and/or letter (h) for commercial use. maximum imprisonment of three years and/or a maximum fine of rp. 500,000,000.00 (five hundred million rupiahs) article 113 paragraph (3) any person who without rights and/or without permission of the creator or copyright holder violates the economic rights of the creator in the form of publishing the work, copying the work in all its forms; distribution of the work or a copy thereof, and/or the announcement of the work (in article 9 paragraph (1) letter a, letter b, letter e, and/or letter g) for public use. imprisonment for a maximum of four years and/or a fine of not more than 1,000,000,000.00 (one billion rupiahs) article 114 any person who manages a trading place in all its forms who knowingly and knowingly allows the sale and/or reproduction of goods resulting from infringement of copyright and/or related rights in the trading place he manages as referred to in article 10. the maximum fine is rp. 100,000,000.00 (one hundred million rupiahs). article 115 any person who, without the consent of the person being photographed or his/her heirs, performs commercial use, reproduction, announcement, the maximum fine is rp. 500,000,000.00 (five hundred million rupiahs). https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ 86 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). distribution, or communication of the portrait as referred to in article 12 for advertising or advertising commercial use in both electronic and nonelectronic media. the table above shows that the regulation of copyright crimes is regulated in more detail than the previous regulations, especially related to ordinary copyright crimes. however, the reality on the ground shows that the usual offense of copyright crime is felt to be inappropriate. based on the practice in the community, the application of ordinary offenses for criminal acts in the field of copyright is felt to be inappropriate because copyright is an exclusive civil right so that only the creator or copyright holder himself is aware of the infringement. therefore, ideally, copyright infringement is a complaint offense because the one who is most aware of counterfeiting of work is the creator himself. the change from an ordinary offense to a complaint offense is related to the nature of the ownership itself. this means that ownership in copyright is personal, so that the ratio is personal (personal) who feels aggrieved will complain to the authorities so that the case is investigated.14 based on article 95 paragraph (4) of law number 28 of 2014 concerning copyrights, it is stated that criminal charges require a mediation obligation first. there is no crime without mediation, except for a crime in the form of piracy. piracy is defined as the act of duplicating creations and distributing widely duplicated goods to obtain economic benefits.15 the mediation obligation imposed by the legislators as a condition for carrying out criminal charges related to copyright crimes that are not piracy, the parties reside in the territory of the republic of indonesia. mediation provisions in law number 30 of 1999 concerning arbitration are a way of settling civil disputes outside the court to settle by deliberation and consensus with the help of a mediator. meanwhile, mediation based on perma number 1 of 2008 is intended as an obligation for judges at the first level courts in the district courts and religious courts in the context of resolving civil disputes. settlement of copyright disputes is the authority of the commercial court, as a special court within the general court environment.16 as a result of article 95 paragraph (4) of law number 28 of 2014 concerning copyrights, it creates a choice of the forum which in cases with the same substance, the same object, is then given the freedom to choose it will cause the legal disorder. in addition, there will be a disparity in decisions. it is also possible that there will be oddities, because maybe when a decision comes from a general court, while a decision b comes from a commercial court for the same case, or there are two cases that have the same or even the exact resemblance, it will happen. odd to the receiving party. the laws and regulations related to the settlement of so many copyright crimes are already disproportionate or even too many, leading to being over-regulated. in addition to being over-regulated, it is also very possible that laws and regulations overlap with each other (overlapping), disharmony, and cause conflict. this kind of condition occurs in law number 28 of 2014 concerning copyright, law number 30 of 1999 concerning arbitration, law number 2 of 2004 concerning settlement of industrial relations disputes, perma number 1 of 2008 14henry donald lbn. toruan, “penyelesaian sengketa hak kekayaan intelektual melalui acara cepat”, jurnal penelitian hukum de jure, vol.17, no. 1 maret 2017. 15 abdul kadir jaelani and others, ‘the crime of damage after the constitutional court ’ s decision number 76 / puu-xv / 2017’, 1.1 (2021), 31–41. 16suyud margono, “prinsip deklaratif pendaftaran hak cipta: kontradiksi kaedah pendaō aran ciptaan dengan asas kepemilikan publikasi pertama kali”, jurnal rechtsvinding. vol 1, no. 2, agustus 2012. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 87 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). concerning mediation procedures court of justice. supreme of the republic of indonesia, including in the copyright dispute resolution sector.17 the number of laws and regulations in indonesia is partly since many people think that every policy carried out in implementing social and state life requires a legal umbrella in the form of legislation. even though this kind of thinking is not entirely correct because it can be done with other instruments other than legislation, with the thought that every policy requires an umbrella of laws and regulations, it will increase the number of laws and regulations and the next series of potential for overlapping and disharmony will be even more significant.18 the ideal model for optimal copyright enforcement from an economic perspective the emergence of this economic analysis of criminal law was in 1764 when cesare beccaria published a book entitled on crimes and punishments. according to him, the imposition of criminal sanctions should be designed to a certain level to eliminate the benefits obtained by the perpetrators. beccaria's thoughts on punishment influenced not only the well-known utilitarian thinker jeremi bentham but also lawyers and criminal law experts at that time. the incredible thing is that the concept of punishment offered by beccaria changes the perspective of criminal law in european countries, emphasizing criminal individualization.19 the beccaria concept seemed to be running in subsequent developments and only revived in the early '60s after calabresi and ronald coase published their writings entitled unlawful acts and social costs. these two articles are the first attempts to apply economic analysis to law.20 economic analysis of law is growing after garry becker connects it to crime, racial discrimination, and so on.21 concerning crime and crime, this economic analysis provides at least three significant contributions: first, economics provides a simple model of how individuals behave before the law, which more explicitly analyzes how individuals respond to the presence of criminal sanctions. most of us do the best with what we have, or in the language of economics, we maximize profits in doing a specific activity; second, economics is relatively rigid in its empirical analysis. the main priority in empirical economic analysis is to distinguish between relationships and causes. this is because economists assume that human behavior is rational and has specific goals; and third, economics provides a clear metric in evaluating the success or failure of a criminal law policy. in this case, the normative criterion used is efficiency, and efficiency has implications for optimal law enforcement. in practice, this view is implemented in the form of a comparison between the costs and benefits of a policy.22 in general, it can be said that the main principles used to understand the economic analysis of criminal law are the principles of rationality and the principle of efficiency. the principle of rationality contains an understanding that humans carry out certain activities, including committing crimes, reason with the primary goal of maximizing the expected utility. what is 17nevey varida ariani, “alternatif penyelesaian sengketa bisnis di luar pengadilan” jurnal rechtsvinding. vol 1, no. 2, agustus 2012. 18wicipto setiadi, “simplifikasi peraturan perundang-undangan dalam rangka mendukung kemudahan berusaha”, jurnal rechtsvinding. vol 7, no. 3, desember 2018. 19keith n. hylton, “punitive damages and the economics theory of penalties”, georgetown law journal, vol. 87, tahun 1998. 20richard posner, 1998, economics analysis of law, edisi kelima, aspen law & business, new york, p. 25 21robert cooter dan thomas ullen, 2000, law and economics, cetk ketiga, eddison wesley longman inc amerika serikat, p. 2. 22 thomas miles, “empirical economics and study of punishment and crime” legal reivew university of chicago, vol. 237, tahun 2005. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ 88 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). meant by rationality here is choosing the best means for voters' purposes? for example, someone who wants to stay warm in winter will compare all the means used to create warmth in terms of the costs involved. the means with which the costs must be incurred the least will be chosen as a means to realize this warmth. the concept of rationality comes from microeconomic theory, namely the theory of rational choice. this theory deals with many assumptions about how people respond to incentives. the use of this theory is significant to the interaction between the rule of law and society. this is because the law does not exist in a vacuum.23 the presence of the rule of law will have an impact on a person's behavior. the notion of rationality (rational choice) itself is not a single understanding, in the sense that there is no widely accepted understanding of rationality.24 russel b. korobkin and thomas ulen put forward at least four notions of this rationality; first, humans are rational maximizers in achieving profit/objectives. rationality here is not followed by what means are used to maximize the goal (profit). this understanding of rationality, as coined by richard posner, is the weakest and most common understanding. secondly, the notion of rationality is conceptualized with expected benefits. this understanding is stronger than the first understanding because it has specified how the actor will realize/satisfy his goals and choices. there are five conditions for this expected benefit: commensurability, transitivity, invariance, cancellation, and dominance.25 third, self-interest, which means that the actor will try to realize the benefits and by what means he realizes the goals/profits depending on the interests of each actor. this understanding is more concrete than the expected benefits, and the last is wealth maximization, which means that the perpetrator will try to maximize the existing wealth. this understanding is the most specific and most powerful.26 if the concept of rationality above is associated with criminal law, the assumption that is born is that criminals are rational economic beings who weigh the costs incurred from committing a crime with the benefits to be gained. when the profit is greater than the costs incurred, the perpetrator will commit a crime.27 on the other hand, if the profit earned is less than the cost, the perpetrator will give up his intention to commit a crime. in other words, individuals behave rationally to maximize the benefits they get.28 they commit crimes when the benefits of committing an unlawful act exceed the expected costs of punishment. these costs include the time it takes either before or at the time of committing the crime, the cost of buying tools, the possibility of being arrested, detained, the cost of being punished, the livelihood/jobs lost if caught, and so on. meanwhile, profits are physical benefits such as wealth, wealth, and psychological benefits such as pleasure, satisfaction, and others. analysis of costs and benefits is fundamental concerning efforts to tackle crime. the problem of crime prevention is closely related to the available budget allocation, while the 23 syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, 1.1 (2021), 54–70. 24russel b. korobkin dan thomas s. ulen, “law and behavioral science: removing the rationality assumption from law to economics”, california law review, vol. 88 tahun 2000. 25ibid. 26mahrus ali, “penegakan hukum pidana yang optima (perspektif analisis ekonomi atas hukum”, jurnal hukum, volume 15, nomor 2, april 2008. 27thomas j. miles, “empirical economics and study of punishment and crime”, university of chicago legal forum, vol. 237 tahun 2005. 28dan m. kahan, “sosial influence, sosial meaning, and deterrence”, virginia law review, vol. 83, tahun 1997. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 89 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). analysis of costs and benefits is also related to how much resources should be allocated to tackle the crime.29 gary becker put forward his thoughts on the concept of rationality associated with criminal law, first, the optimal criminal law policy. this thinking is related to the analysis of costs and benefits, which implies an effort to allocate resources in society in fighting crime. the theoretical assumption that is built is, if the existing criminal sanctions are severe enough, every criminal will avoid the possibility of being arrested, and this will reduce crime.30 second, individual decisions concerning criminal activity. in this case, the criminal is a rational actor who weighs the costs and benefits and the time and resources allocated between criminal and non-criminal activities so that it is known which one can bring the most significant benefit. in other words, all people (not only criminals) are rational actors based on their subjectivity weigh the costs and benefits of the activities carried out.31 some people choose activities that are labeled criminals because, for them, the benefits derived from these activities exceed the costs that must be incurred. to prevent them from committing criminal acts, what must be taken is to increase the costs incurred so that the profits obtained are smaller. the trick is to increase the number of penalties imposed or the opportunity to be arrested and tried. at the same time, the social costs that must be borne from law enforcement must be minimized so that they are at a minimum. this means that the cost of law enforcement should not exceed the social losses that are intended to be prevented through law enforcement. in short, to minimize the social costs that must be borne by increasing the criminal sanctions, which are pretty severe and increasing the number of criminals arrested; and third, the existence of the criminal category. the main principle in optimal criminal law enforcement is based on the idea of maximizing social welfare. in designing policies, including policies prohibiting specific actions, the government must pay attention to the maximum benefit to be obtained. in the context of economic analysis of criminal law, social welfare can be pursued by considering the amount of profit earned by the perpetrator from committing the prohibited act, minus the losses caused by the act and expenses incurred in law enforcement.32 losses due to this crime include social losses incurred, costs that potential victims must incur to take precautions not to become victims, and losses directly experienced by victims. meanwhile, the cost of criminal law enforcement includes the cost of prevention, disclosure, arrest, and imposition of criminal sanctions. all of that must be measured and compared with the amount of profit that the perpetrator gets from committing a crime.33 if the loss due to a criminal act (after being cashed) and the costs that the government must incur to overcome the crime through law enforcement officers are higher than the amount of profit earned by the perpetrator from committing a crime, then the optimization of law enforcement will not be realized. therefore, what needs to be done is to use other instruments to prevent the crime from occurring. in other words, actions intended to be prohibited, and it turns out that the cost of law 29lewis a. kornhauser, “on justifying cost and benefit analysis”, journal of legal studies, vol. 29 tahun 2000. 30william l. barnes jr, “revenge on utilitarianism: renouncing a comprehensive economics theory of crime and punishment”, indiana law journal, vol. 74, tahun 1999. 31 arifin ma’ruf, ‘legal aspects of environment in indonesia : an efforts to prevent environmental damage and pollution’, 1.1 (2021), 18–30. 32mahrus ali, “penegakan hukum pidana yang optima (perspektif analisis ekonomi atas hukum”, jurnal hukum, volume 15, nomor 2, april 2008. 33mark a. cohen, “the economics of crime and punishment: implications for sentencing of economic crime and new technology offences”, george mason law review, vol. 9 tahun 2000. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ 90 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). enforcement when a violation occurs is greater than the benefits to be obtained, should not be prohibited and handled with criminal law instruments.34 another thing that needs to be done is to increase the possibility of perpetrators of criminal acts being arrested, convicted, and sentenced to severe punishment because, with that, social welfare can be realized. when the probability of being arrested is high, law enforcement against it will be optimal because there will not be many people committing criminal acts, and thus, not much cost must be incurred to tackle criminal acts and finance the operationalization of law enforcement. likewise, with the possibility of being punished with a high crime that exceeds the profits obtained by the perpetrator. because with that, the perpetrator will bear all the costs of his actions. this thinking is generally referred to as efficient punishment.35 an example of how to apply efficient punishment is if the perpetrator causes a loss of rp. one thousand dollars and the probability of not being penalized is 50%, or the possibility of being convicted is 50%, then the expected penalty is 500 dollars. this amount is inefficient because the perpetrator will benefit from the crime committed if he is convicted. faced with the $500 penalty, potential sufferers will spend as little as $500 to avoid harm. meanwhile, the perpetrators clearly will not spend 600 dollars to avoid losses (convicted). this amount is not efficient because the community wants the perpetrators to be charged 600 dollars. because the chance of being arrested and sentenced to 50 percent, the sentence imposed on the perpetrator must be doubled, which is 2000 dollars. only with that, the perpetrator does not commit a crime. the 2000 figure includes losses directly suffered by victims, social costs, potential victims' costs, and law enforcement costs.36 in the economic analysis of criminal law, two models can be used to achieve optimal criminal law enforcement, namely, shaping the individual's opportunities and shaping the individual's preferences. the first has the conception that a person rationally chooses the available opportunities to realize the most significant satisfaction based on the available choices. at the same time, the second has the conception that a person will act rationally as long as the choices he has been complete, and he will choose the opportunity in which there is the most significant advantage based on the choices he has. a person will commit a crime based on the opportunities and choices they have. when the opportunity is enormous so that a person does not commit a crime, what must be done is to increase the possibility of being arrested, convicted, and sentenced to a significant (severe) criminal sanction. likewise, when the options for committing a crime are complete, he will have many opportunities to commit a crime. only in that way will criminal law enforcement be optimal so that social welfare, which is the primary goal, can be realized. conclusion simplification of laws and regulations is one way to produce a proportional field of laws and regulations and at the same time improve the quality of laws and regulations so that they do not overlap, disharmony, cause conflict, and duplication. law number 28 of 2014 concerning copyright, law number 30 of 1999 concerning arbitration, law number 2 of 2004 concerning settlement of industrial relations disputes, supreme court regulation number 1 of 2008 34ibid. 35robert cooter, “prices and sanctios”, columbia law review, vol. 84, tahun 1984. 36david d. friedman, “should the characteristics of victims and criminals count? payne v tennessee and two views of efficient punishment”, boston college law review, vol. 34 tahun 1993. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 91 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). concerning mediation procedures at the supreme court of the republic of indonesia, gave rise to choose of the forum which in cases with the same substance, the same object, is then given freedom of choice so that it will cause the legal disorder. the simplification of laws and regulations will succeed if they are supported by the political will of the highest state leadership assisted by institutions that have a single, authoritative and robust authority and are supported by all stakeholders. references agustina soebachman, 2014, sejarah nusantara berdasarkan urutan tahun, surya media utama, yogyakarta, 2014. iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, 1.1 (2021), 1–17 jaelani, abdul kadir, universitas sebelas maret, resti dian luthviati, civil registration, study program, and universitas sebelas maret, ‘the crime of damage after the constitutional court ’ s decision number 76 / puu-xv / 2017’, 1.1 (2021), 31–41 ma’ruf, arifin, ‘legal aspects of environment in indonesia : an efforts to prevent environmental damage and pollution’, 1.1 (2021), 18–30 res, redi, ‘implementation of parate executie object of liability juridical overview of mortgage’, 1.1 (2021), 42–53 syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, 1.1 (2021), 54–70 aline gratika nugrahani, “hal-hal aktual pada undang-undang no. 28 tahun 2014”, makalah dalam seminar nasional fakultas hukum universitas trisakti, 12 juni 2015. basuki antariksa, “landasan filosofis dan sejarah perkembangan perlindungan hak kekayaan intelektual: relevansinya bagi kepentingan pembangunan di indonesia”, jurnal kepariwisataan indonesia, vol. 11, no.1, juni 2016. dan m. kahan, “sosial influence, sosial meaning, and deterrence”, virginia law review, vol. 83, tahun 1997. david d. friedman, “should the characteristics of victims and criminals count? payne v tennessee and two views of efficient punishment”, boston college law review, vol. 34 tahun 1993. henry donald lbn. toruan, “penyelesaian sengketa hak kekayaan intelektual melalui acara cepat”, jurnal penelitian hukum de jure, vol.17, no. 1 maret 2017. herbert hovenkamp,”rationality in law and economics”, george washington law review, vol. 60, tahun 1992. keith n. hylton, “punitive damages and the economics theory of penalties”, georgetown law journal, vol. 87, tahun 1998. kementerian kelautan dan perikanan republik indonesia, 2019, laporan kementerian kelautan dan perikanan republik indonesia tahun 2018, sekretaris jenderal kkp ri, jakarta. lewis a. kornhauser, “on justifying cost and benefit analysis”, journal of legal studies, vol. 29 tahun 2000. mahrus ali, “penegakan hukum pidana yang optima (perspektif analisis ekonomi atas hukum”, jurnal hukum, volume 15, nomor 2, april 2008. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ 92 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.9 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). mark a. cohen, “the economics of crime and punishment: implications for sentencing of economic crime and new technology offences”, george mason law review, vol. 9 tahun 2000. nevey varida ariani, “alternatif penyelesaian sengketa bisnis di luar pengadilan” jurnal rechtsvinding. vol 1, no. 2, agustus 2012. nuno garoupa dan daniel klerman, “optimal law enforcement with a rent seeking government”, american law and economics review, vol. 4, tahun 2000. padrisan jamba, “analisis penerapan delik aduan dalam uu hak cipta untuk menanggulangi tindak pidana hak cipta di indonesia”, jurnal cahaya keadilan, vol.3, no.1, 2016. peter k.yu, “intellectual property, asian philosophy and the yin-yang school”, the wipo journal, volume 7,issue 1,tahun 2015. prasetyo hadi purwandoko dan m. najib imanullah, “application of natural law theory (natural right) to protect the intellectual property rights”, yustisia, vol. 6 no. 1 january – april 2017. rian saputra, adi sulistiyono dan emmy latifah, “pendaftaran internasional sebagai upaya perlindungan indikasi geografis indonesia dalam perdagangan global (study peraturan pemerintah nomor 22 tahun 2018)”, jurnal ius kajian hukum dan keadilan, volume vii, nomor 2, agustus 2019. richard a. posner, “rational choice, behavioral economics and the law”, stanford law review, vol. 50 tahun 1998. richard posner, 1998, economics analysis of law, edisi kelima, aspen law & business, new york. robert cooter dan thomas ullen, 2000, law and economics, cetk ketiga, eddison wesley longman inc amerika serikat. robert cooter, “prices and sanctios”, columbia law review, vol. 84, tahun 1984. russel b. korobkin dan thomas s. ulen, “law and behavioral science: removing the rationality assumption from law to economics”, california law review, vol. 88 tahun 2000. sufiarina, “pergeseran tindak pidana hak cipta ke arah sengketa perdata (tinjauan atas pasal 95 ayat (4) undang-undang nomor 28 tahun 2014 tentang hak cipta)”, jurnal cita hukum, vol.5, no. 1 juni 2017. suyud margono, “prinsip deklaratif pendaftaran hak cipta: kontradiksi kaedah pendaō aran ciptaan dengan asas kepemilikan publikasi pertama kali”, jurnal rechtsvinding. vol 1, no. 2, agustus 2012. thomas j. miles, “empirical economics and study of punishment and crime”, university of chicago legal forum, vol. 237 tahun 2005. thomas miles, “empirical economics and study of punishment and crime” legal reivew university of chicago, vol. 237, tahun 2005. trias palupi kurnianingrum, “materi baru dalam undang-undang nomor 28 tahun 2014 tentang hak cipta” negara hukum volume 6 nomor 1, edisi juni 2015. wicipto setiadi, “simplifikasi peraturan perundang-undangan dalam rangka mendukung kemudahan berusaha”, jurnal rechtsvinding. vol 7, no. 3, desember 2018. william l. barnes jr, “revenge on utilitarianism: renouncing a comprehensive economics theory of crime and punishment”, indiana law journal, vol. 74, tahun 1999. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.9 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 95-108 95 https://doi.org/10.53955/jhcls.v3i1.76 journalhumanrightslegalsystem@gmail.com modeling the contract and execution fiduciary on constitutional court decision nur putri hidayaha*, komariaha, satria unggul wicaksana prakasab, sonny zulhudac a faculty of law, universitas muhammadiyah malang, indonesia. b faculty of law, universitas muhammadiyah surabaya, indonesia. c international islamic university malaysia, kuala lumpur, malaysia. *corresponding author: nurputri@umm.ac.id 1. introduction the constitutional court decision number 18/puu-xviii/2019 was issued following the request for judicial review of article 15(2) and (3) of law number 42/1999 towards article 28 g (1) of the 1945 constitution of the republic of indonesia. the petitioner of this request, who believed that his constitutional rights were violated and who provided the fiduciary security, was ensured that the fiduciary certificate, according to law number 42/1992 was equal to a court decision and had permanent legal force1. 1ayu pramudyaningtyas, ‘international journal of multicultural and multireligious understanding legal certainty of execution of fiduciary guarantees after the decision of the constitutional a r t i c l e i n f o a b s t r a c t article history received: january 15, 2023. revised: march 13, 2023. accepted: march 29, 2023. many facts of disputes between creditors and debtors regarding the excesses of fiduciary guarantees and the existence of a decision of the constitutional court, which changed the legal provisions regarding the execution of fiduciary securities. this research aims to determine how clauses concerning an agreement over a breach of contract are outlined in a fiduciary agreement and what hinders the execution of fiduciary security. with normative and empirical methods, this research indicates that the clause regarding a breach of contract is outlined in a fiduciary deed by the creditor and debtor concerned. some hindrances, however, interrupt the execution of the fiduciary security; the client denies any breach of contract, believing that this negligence represents force majeure; and the client refuses to voluntarily hand in the fiduciary object or even attempts to embezzle the fiduciary thing. following these two hindrances, the creditor offers a persuasive negotiation to encourage the client to admit the breach of contract committed and to release the fiduciary object willingly. this is an open-access article under the cc–by 4.0 license. keywords contract; execution; fiduciary; modeling; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:nurputri@umm.ac.id https://creativecommons.org/licenses/by/4.0/ 96 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) this petition represents an objection of the debtor to the condition where the fiduciary object receiver who held the fiduciary certificate could execute the fiduciary security without any approval of the person who provided the security. this situation indicates arbitrariness from the fiduciary receiver, where the security object was seized in the hands of debt collectors. according to his basis of claim, the petitioner stated that this seizure was triggered by the provision of article 15 (2) and (3) of law number 42/1999 2 . the problems are with the issuance of constitutional court decision number 18/puu-xviii/2019, in terms of the aspect of the fiduciary agreement, between the creditor and the debtor must expressly state the condition of the debtor's default in the fiduciary agreement. if it is not stated, then the creditor has no basis to designate a "default" debtor and of course also has no basis to carry out the execution of the collateral object. another problem, with the requirement of a default clause in a fiduciary agreement, acknowledgment of default and voluntary submission of collateral by the debtor, will make execution efforts more difficult. fiduciary security refers to a moveable and immovable object (an object that cannot bear any mortgage right) under the power of a debtor (the security provider) based on trust (fiduciary)3. the trust may be defined from two different perspectives: first, the trust implies that the fiduciary object does not simply give the fiduciary receiver the right to own the object set as security4, second, although the fiduciary object is categorized as a moveable object, the ownership of the object does not simply turn to the fiduciary receiver, but it is still under the control of the fiduciary provider5. to guarantee protection for a fiduciary receiver, preference right is given to a fiduciary receiver under a fiduciary certificate that is issued following the registration of a fiduciary guarantee deed to directorate general of administration of general law (ditjen ahu). that is, the registration of the court number 18 / puu-xvii / 2019 & number 2 / puu-xix / 2021’, international journal of multicultural and multireligious understanding (ijmmu), 9.6 (2022), 555–63 https://doi.org/http://dx.doi.org/10.18415/ijmmu.v9i6.3919 ; nur putri hidayah and komariah, ‘the urgency of strengthening creditor legal protection in fiduciary guarantee agreements’, kne social sciences, 2022.1 (2022), 492–504 https://doi.org/10.18502/kss.v7i15.12123 2mahkamah konstitusi, putusan mahkamah konstitusi no. 18/puu-xviii/2019, mahkamah konstitusi republik indonesia, 2019, pp. 1–127 https://www.mkri.id/public/content/persidangan/putusan/putusan_mkri_6694.pdf [accessed 12 february 2021]. 3katharine n. farrell and d. löw beer, ‘producing the ecological economy: a study in developing fiduciary principles supporting the application of flow-fund consistent investment criteria for sovereign wealth funds’, ecological economics, 165 (2019), 106391 https://doi.org/10.1016/j.ecolecon.2019.106391 4khoirul anwar, ‘fiduciary collateral object execution mechanism post constitutional court decision number 2/puu-xix/2021’, international journal of social science research and review, 6.2 (2023), 194–98 https://doi.org/10.47814/ijssrr.v6i2.969 5anwar; helitha novianty muchtar, miranda risang ayu, and muhamad amirulloh, ‘development of a valuation system of technology for the enhancement of innovation in indonesia’, heliyon, 9.2 (2023), e13124 https://doi.org/10.1016/j.heliyon.2023.e13124 https://www.jhcls.org/index.php/jhcls https://doi.org/http:/dx.doi.org/10.18415/ijmmu.v9i6.3919 https://doi.org/10.18502/kss.v7i15.12123 https://www.mkri.id/public/content/persidangan/putusan/putusan_mkri_6694.pdf https://doi.org/10.1016/j.ecolecon.2019.106391 https://doi.org/10.47814/ijssrr.v6i2.969 https://doi.org/10.1016/j.heliyon.2023.e13124 issn 2807-2812 journal of human rights, culture and legal system 97 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) fiduciary guarantee deed not only represents the fulfillment of the publicity principle. this certificate, as intended in article 15(2) of law number 14/1999, holds executorial power equal to a court decision that has permanent legal force6. the juridical consequence is that this executorial power would enable the receiver to sell the security object under his/her own control, as set forth in article 15(3) of law number 14/1999. this provision results from a demanding need for available funds to support businesses, especially during economic crises in 1998. legal certainty and protection for creditors who receive fiduciary securities are needed according to the main agreement7. on the other hand, this provision rather harms those who provide the fiduciary security, resulting in seizure by debt collectors8. this situation has been heavily criticized by petitioners of judicial reviews since most believe that this practice violates the constitutional right to get the protection of dignity, asset, and protection from threats, as intended in article 28g (1) of the 1945 constitution of the republic of indonesia. in a further analysis, the issuance of the constitutional court decision number 18/puu-xviii/2019 marks a legal revolution in fiduciary security since the core provision in the fiduciary security agreement has been amended regarding the clauses concerning a breach of contract that is specifically regulated in a fiduciary agreement. the execution process of the security has also been amended, implying that the fiduciary receiver can no longer perform the execution of the object set as security following a breach of contract committed by the fiduciary provider. all these amendments certainly affect the fiduciary security process, ranging from agreement drafting to the execution process when a debtor commits a breach of contract. previous studies show that following the issuance of constitutional court decision number 18/puu-xviii/2019, executorial power is no longer embedded in an object with a fiduciary security certificate9. to enable execution, there should be 6erma defiana putriyanti, ‘legal status of credit bank guarantee in indonesia’s legal guarantee’, sriwijaya law review, 1.2 (2017), 128–41 http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/38 [accessed 10 march 2023]. 7nowinri hilgutsiany and marini pratiwi pitanuki, ‘executions of fiduciaryry guarantee post constitutional court decision no. nomor: 18/puu-xvii/2019’, constitutionale, 1.2 (2020), 123–38 https://doi.org/10.25041/constitutionale.v1i2.2173 ni luh putu geney sri kusuma dewi, putu eka trisna dewi, and ni putu riyani kartika sari, ‘regulation of copyright certificate as a material guarantee and bankrupt estate/beodel in indonesia’, adi journal on recent innovation, 2.2 (2021), 186–200 https://doi.org/10.34306/ajri.v2i2.76 8nurmin k martam, ‘executive implementation by debt collector against fidusian object guarantee’, dih: jurnal ilmu hukum, 15.2 (2019), 134–42 https://doi.org/10.30996/dih.v15i2.2527 yifei mao, ‘managing innovation: the role of collateral’, journal of accounting and economics, 72.1 (2021), 101419 https://doi.org/10.1016/j.jacceco.2021.101419 9hilgutsiany and pitanuki; elisabeth nurhaini butarbutar, ‘constitutional issue of the executional power of fiduciary certificates as equal to court decision’, jurnal konstitusi, 19.3 (2022), 606–22 https://doi.org/10.31078/jk1935 https://www.jhcls.org/index.php/jhcls http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/38 https://doi.org/10.25041/constitutionale.v1i2.2173 https://doi.org/10.34306/ajri.v2i2.76 https://doi.org/10.30996/dih.v15i2.2527 https://doi.org/10.1016/j.jacceco.2021.101419 https://doi.org/10.31078/jk1935 98 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) clauses stating an agreement of breach of contract10, willingness from the fiduciary provider to allow execution, and a condition implying that the breach of contract is not unilaterally decided by a creditor. if these are not met, a lawsuit could be filed to court11. this approach is intended to protect a debtor from any arbitrariness in fiduciary object execution12. however, with this decision, there is a possibility that the debtor may deny any breach of contract, which could disadvantage the creditor13. as a consequence, it may be costly and timeconsuming for the creditor to settle this issue14. decision number 18/puuxviii/2019 may also tend to cause the rise in loan interest rate, the rise in related cases at courts, and falling trust of investors in finance sectors in indonesia15. however, the previous studies were all normative, and there have not been any studies specifically discussing the execution of the fiduciary security agreement following the issuance of constitutional court decision number 18/puuxviii/2019. so in this study, empirical legal research methods were used which made it different from previous studies. this research employed empiricaljuridical methods to investigate how the fiduciary security agreement is performed following constitutional court decision number 18/puu-xviii/2019, the core problems of how the clauses concerning a breach of contract are formulated, and hindrances faced by a fiduciary security receiver in the execution of the security when a debtor commits a breach of contract. bprs bumi rinjani, a sharia rural bank, served as the object of this research. sebagaimana fungsi bank, bprs bumi rinjani menghimpun dana dari masyarakat melalui dana tabungan16 this bank provides loan services with various financing models17, and with fiduciary security as a guarantee. 10hilgutsiany and pitanuki; muchtar, ayu, and amirulloh; nurdjanah hamid and ida bagus anom purbawangsa, ‘impact of the board of directors on financial performance and company capital: risk management as an intervening variable’, journal of co-operative organization and management, 10.2 (2022), 100164 https://doi.org/10.1016/j.jcom.2021.100164 11sanusi dosen and ups tegal, ‘legal protection of the creditor on fiduciary guarantee objects unlisted in the fiduciary registration office’, international journal of law reconstruction, 1.1 (2017), 74–86 https://doi.org/10.26532/ijlr.v1i1.1636 12dalia m. feltman and others, ‘seeking normalcy as the curve flattens: ethical considerations for pediatricians managing collateral damage of coronavirus disease-2019’, the journal of pediatrics, 225 (2020), 233–38 https://doi.org/10.1016/j.jpeds.2020.06.067 13hilgutsiany and pitanuki. 14charles w. calomiris and others, ‘how collateral laws shape lending and sectoral activity’, journal of financial economics, 123.1 (2017), 163–88 https://doi.org/10.1016/j.jfineco.2016.09.005 15muchtar, ayu, and amirulloh. 16agus pandoman, ‘islamic financial infrastructure towards the establishment of sharia central banks’, formosa journal of applied sciences, 1.5 (2022), 873–90 https://doi.org/10.55927/fjas.v1i5.1459 17angguliyah rizqi amaliyah and ika insyiroh, ‘financial ratio analysis to assess the financial performance at islamic rural bank (irb) bumi rinjani kepanjen’, international journal of business marketing and management, 6 (2021), 2456–4559 www.ijbmm.com [accessed 16 april 2023]. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jcom.2021.100164 https://doi.org/10.26532/ijlr.v1i1.1636 https://doi.org/10.1016/j.jpeds.2020.06.067 https://doi.org/10.1016/j.jfineco.2016.09.005 https://doi.org/10.55927/fjas.v1i5.1459 http://www.ijbmm.com/ issn 2807-2812 journal of human rights, culture and legal system 99 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) this research aims to find out how clauses concerning an agreement of breach of contract are outlined in a fiduciary agreement in bprs bumi rinjani and what hindrances are faced by bprs bumi rinjani in performing the execution of the fiduciary security when a debtor breaches a contract following the effectuation of constitutional court decision number 18/puu-xviii/2019. this research is conducted to contribute to science on the law of securities and serves as a preventive and repressive measure to settle fiduciary security-related disputes. 2. research method this research employed normative-empirical methods, where the normative method18 aims to give answers to the first research problem regarding the formulation of the clauses concerning a breach of contract between fiduciary security provider and receiver in a fiduciary security agreement according to constitutional court number 18/puu-xviii/2019. the empirical method19, on the other hand, is intended to find out the hindrances faced by the fiduciary receiver when the receiver performs the execution of the security following a breach of contract committed by the party providing the fiduciary security. this research also used statutory and case approaches. the research data involved primary and secondary materials, where the former was obtained from structural interviews as conducted in other studies20. bank pembiayaan rakyat syariah (bprs) bumi 18bo zhang, bingyang wei, and ruiping zhang, ‘research on evolution laws of pitch cones and characteristic values on whole tooth surface of hypoid gears’, mechanism and machine theory, 174 (2022), 104915 https://doi.org/10.1016/j.mechmachtheory.2022.104915 theresia anita christiani, ‘normative and empirical research methods: their usefulness and relevance in the study of law as an object’, procedia social and behavioral sciences, 219.1 (2016), 201–7 https://doi.org/10.1016/j.sbspro.2016.05.006 cezary kowalczyk and others, ‘how does government legal intervention affect the process of transformation of state-owned agricultural land? the research methods and their practical application’, land use policy, 111 (2021), 105769 https://doi.org/10.1016/j.landusepol.2021.105769 19salem alhababsah and sina yekini, ‘audit committee and audit quality: an empirical analysis considering industry expertise, legal expertise and gender diversity’, journal of international accounting, auditing and taxation, 42 (2021), 100377 https://doi.org/10.1016/j.intaccaudtax.2021.100377 jian zhang, ke li, and yang feng, ‘criminal sanctions on identity theft in shanghai: an empirical case law analysis’, international journal of law, crime and justice, 71 (2022), 100562 https://doi.org/10.1016/j.ijlcj.2022.100562 20nur putri hidayah, quincy r cloet, and david pradhan, ‘the implementation of labor development principles according to job creation law as a reason to protect wages rights’, bestuur, 9.1 (2021), 68–76 https://doi.org/https://dx.doi.org/10.20961/bestuur.v9i1.49252 n.p. hidayah, f. wiryani, and h.p. madyasti, ‘the strengthening legal protection of indigenous people in facing investment climate in era of asean economic community in’, in iop conference series: earth and environmental science, 2018, clxxv, 1–5 https://doi.org/10.1088/1755-1315/175/1/012208 budiman budiman and abdul kadir jaelani, ‘the policy of sustainable waste management towards sustainable development goals’, journal of human rights, culture and legal system, 3.1 (2023), 70–94 https://doi.org/10.53955/jhcls.v3i1.73 stephanie r. morain and others, ‘identification and management of pragmatic clinical trial collateral findings: a current https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.mechmachtheory.2022.104915 https://doi.org/10.1016/j.sbspro.2016.05.006 https://doi.org/10.1016/j.landusepol.2021.105769 https://doi.org/10.1016/j.intaccaudtax.2021.100377 https://doi.org/10.1016/j.ijlcj.2022.100562 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v9i1.49252 https://doi.org/10.1088/1755-1315/175/1/012208 https://doi.org/10.53955/jhcls.v3i1.73 100 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) rinjani was picked as the research object since this sharia bank provides loan services to its clients under fiduciary security. bprs bumi rinjani has been serving its clients since 1898 and has 1 headquarter, 2 branch offices, and 10 cash offices. primary data was obtained by interviewing staff at the legal department of bprs bumi rinjani. the secondary data were sourced from library research related to fiduciary security, including constitutional court decision number 18/puuxviii/2019, law number 14/1999 concerning fiduciary security and other laws concerning fiduciary security as primary data, the secondary data such as scientific research papers on fiduciary security, especially those closely related to the analyses of the execution of fiduciary security after the issuance of constitutional court decision number 18/puu-xviii/2019, and law dictionary as tertiary data. 3. results and discussion the contract and execution fiduciary's existing conditions of regulations the clauses concerning a breach of contract serve as the main issue to discuss in constitutional court decision number 18/puu-xviii/2019, stating that article 15 paragraph (2) does not hold any binding legal force if there is no agreement of a breach of contract and article 15 paragraph (3) does not have any binding legal force if a breach of contract is unilaterally declared by a creditor. that is, a breach of contract is based on two matters, first, clauses concerning breach of contract outlined in a fiduciary agreement, and second, an agreement ensuring that a breach of contract has taken place. the main agreement between a client and bprs bumi rinjani refers to murabahah contract, while the imposition of fiduciary security is set forth in fiduciary security deed consisting of 14 articles; article 1 regulates the site of an object set as a fiduciary security; article 2 is concerning the use of a fiduciary security object; article 3 is concerning authority to the party receiving the fiduciary object; article 4 regulates the replacement of the fiduciary security object; article 5 regulates proscription of repeating the process of fiduciary security; article 6 regulates the insurance for the fiduciary security object; article 7 regulates buyers based on executorial title; article 8 regulates the transfer of the security to the fiduciary security receiver; article 9 regulates the time of the imposition of fiduciary security; article 10 regulates the authority to register the fiduciary security object; article 11 regulates the authority regarding deed revision; article 12 regulates guarantees; article 13 regulates legal domicile; article 14 regulates expenses. the problem, the clauses concerning breach of contract in fiduciary security deed are not mentioned in article 5 of fiduciary security deed. the provisions understanding and directions for future research’, healthcare, 9.4 (2021), 100586 https://doi.org/10.1016/j.hjdsi.2021.100586 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.hjdsi.2021.100586 issn 2807-2812 journal of human rights, culture and legal system 101 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) contain if the fiduciary provider fails to appropriately fulfill the requirements set forth herein or the debtor fails to fulfill the requirements pursuant to the credit contract, failing to fulfill the responsibility on time indicates that the fiduciary security provider or the debtor violates or neglects the requirements, in which the fiduciary object with the rights attached to it must be immediately transferred by the fiduciary provider after a written warning is made by the fiduciary security receiver. the above clauses constitute the consensus of a breach of contract, first, indicated by the phrase “if the fiduciary provider fails to appropriately fulfill the requirements set forth herein”. this phrase represents the condition where a debtor does not fulfill his/her responsibility as outlined in the deed of fiduciary agreement as an accessory agreement. second, this is indicated by the phrase “the debtor fails to fulfill the requirements pursuant to the credit contract”. this phrase represents the condition where the debtor fails to meet his/her responsibility as set forth in murabbahan contract as the main agreement. the first and second phrases indicate the incapability of the debtor to fulfill his/her contract. however, the debtor cannot be simply considered committing a breach of contract when he/she fits what is outlined in phrases 1 and 2 since an emphasizing phrase “failing to fulfill the responsibility on time indicates that the fiduciary security provider or the debtor violates or neglect the requirements” has to be taken into account. that is, a debtor can be declared that he/she commits a breach of contract when the conditions elaborated in phrases 1 and 2 continue and exceed the due date the above provision indicates that fiduciary security deed asserts that the clauses concerning breach of contract are set forth in this deed, as in line with the constitutional court decision no.18/puu-xviii/2019. in terms of the breach of contract as regulated in article 15 paragraph (3) of fiduciary law, according to constitutional court decision number 18/puu-xviii/2019, the decision over breach of contract must not be unilaterally made only by a creditor. in its practice, bprs rinjani refers to the condition of breach of contract committed by the creditor as stated in the clauses agreed upon by the two parties in the fiduciary security deed. in other words, if one of the clauses in the deed states that the debtor is deemed to have breached a contract when he/she fails to make the payment on time, the creditor has to clarify if the debtor has committed a breach of contract, and this breach of contract must also involve the agreement from the debtor since it serves as the basis of the legal force for article 15 paragraph (2) of fiduciary law the interview results show that sometimes debtors disagree that they have breached a contract, especially amidst the condition of covid-19 these days. most debtors think that this issue should not be classified as a breach of contract, but rather as force majeure. lockdown during the pandemic has slowed https://www.jhcls.org/index.php/jhcls 102 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) their earnings and affected their capacity to pay their loans on time. referring to the constitutional court decision number 18/puu-xviii/2019, the breach of contract discussed was without the agreement from the debtor, making the bprs rinjani have no right to execute the fiduciary security. this issue then led to a dispute between the two parties. following this dispute, bprs rinjani decided to negotiate to settle the dispute over this breach of contract. in general, similar disputes have been settled through negotiation, resulting in an agreement between the parties involved. when parties fail to come to an agreement over this case, they usually go with the litigation process taking place at religious courts. modeling the contract and execution fiduciary on constitutional court decision normally, the execution of a fiduciary object will take place when a bank client is insolvent21. to ensure that the debtor is in such a state, bprs rinjani went through a series of procedures involving debt collection according to sop and pojk. the debt collection follows these standard steps: first, on the due date, account officer (ao) will send a notification letter to the debtor. this notification letter informs the debtor that the payment is due. the debtor is subject to 3-5 days to pay the installment of the month. at this stage, the debtor was not deemed to have committed a breach of contract and no fines /ta’widh were imposed. second, if within 3-5 working days the debtor does not show any intention to pay off the debt, a writ will be sent. this writ is sent gradually, ranging from the first to the third writ. the issuance of constitutional court decision number 18/puu-xviii/2019 tends to give more hindrances for the creditor to execute the fiduciary security since the condition of breach of contract has to take the agreement of the two parties. moreover, the debtor, in this case, is forced to be in the position to willingly release his/her object of security executed by the creditor. regarding the potential of the new problem following the issuance of the constitutional court 21rihab grassa, nejia moumen, and khaled hussainey, ‘is bank creditworthiness associated with risk disclosure behavior? evidence from islamic and conventional banks in emerging countries’, pacific-basin finance journal, 61 (2020), 101327 https://doi.org/10.1016/j.pacfin.2020.101327 matheus henrique de sousa oliveira and others, ‘the impact of the european development fund and european bank as financing sources on traffic estimation biases’, research in transportation business & management, 45 (2022), 100884 https://doi.org/10.1016/j.rtbm.2022.100884 robert bartlett and eric talley, ‘law and corporate governance’, the handbook of the economics of corporate governance, 1 (2017), 177–234 https://doi.org/10.1016/bs.hecg.2017.11.009 noriza mohd saad, mohd nizal haniff, and norli ali, ‘corporate governance mechanisms with conventional bonds and sukuk’ yield spreads’, pacific-basin finance journal, 62 (2020), 101116 https://doi.org/10.1016/j.pacfin.2019.02.001 marco di maggio, mark egan, and francesco franzoni, ‘the value of intermediation in the stock market’, journal of financial economics, 145.2 (2022), 208–33 https://doi.org/10.1016/j.jfineco.2021.08.020 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.pacfin.2020.101327 https://doi.org/10.1016/j.rtbm.2022.100884 https://doi.org/10.1016/bs.hecg.2017.11.009 https://doi.org/10.1016/j.pacfin.2019.02.001 https://doi.org/10.1016/j.jfineco.2021.08.020 issn 2807-2812 journal of human rights, culture and legal system 103 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) decision number 18/puu-xviii/2019, bprs rinjani has taken the measure to conduct mitigation by reviewing both the main agreement and the supplementary agreement (fiduciary agreement). the results show that bprs rinjani should not be concerned about matters of the clauses on breach of contract since the related clauses are set forth in a fiduciary agreement between the creditor and debtor. although the clauses concerning a breach of contract are regulated in the fiduciary agreement and breach-of-contract conditions are agreed upon by the two parties, this does not guarantee that the execution process is easy to perform. commonly, most debtors are not willingly releasing their fiduciary objects to other hands. in some cases, some debtors made a false report saying that the security objects disappear or they even pawned these objects. according to article 15 paragraph (2) of fiduciary law, a fiduciary certificate under the control of a creditor would enable the creditor to perform parate execution without having to confirm the willingness of the debtor to release the fiduciary object. however, following the constitutional court decision 18/puu-xviii/2019, the creditor could only execute the object concerned if the debtor willingly releases the object. this condition triggers another new problem for the creditor since the creditor has to consider the litigation process to allow the execution. to settle this problem, bprs rinjani took a non-litigation process by offering negotiation. the marketing representative of bprs rinjani managed to proceed with the execution process and the debtor was finally willing to release the object. this allowed the execution to take place according to legislation. however, bprs bumi rinjani is aware that execution is the last step to take to settle the loan dispute. before the execution takes place, the bank usually gives an offer to repeat a contract process. this repeated contract process highlights an extended contract period that reduces the amount paid monthly but stretches the contract period. the debtor is insolvent, the execution has to take place. before the execution, bprs rinjani will suggest the debtor sell the object on the debtor’s will. this is encouraged with the hope that the object will be sold for a higher value for the sake of the benefit of the debtor. if the debtor rejects this offer, the execution will be performed by bprs rinjani. negotiation as a non-litigation settlement effort carried out are smart efforts considering basically many risks that will be borne if obstacles in the execution of fiduciary guarantees are resolved through court channels. these risks include long turnaround times, greater costs in the trial process22, and there is no guarantee that 22ferlyawan isnanda nuh, herwastoeti herwastoeti, and dwi ratna indri hapsari, ‘implementation of e-court in civil life settlement to realize simple principles quickly and low https://www.jhcls.org/index.php/jhcls 104 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) bprs bumi rinjani as creditors will win in court. non-litigation ledge will provide a win win solution for both parties. in addition, creditors will also not lose the trust of debtors as customers and have a long impact on the sustainability of bprs bumi rinjani's business. 4. conclusion the issuance of the constitutional court decision no.18/puu-xviii/2019 hinders the execution of fiduciary security in a way that it can be performed when clauses concerning a breach of contract are set forth in a fiduciary deed, when a breach of contract is agreed upon by both the creditor and debtor, and when the debtor willingly releases the fiduciary security object. departing from these provisions, bprs bumi rinjani and its clients have clearly set breach-of-contract clauses in article 5 of fiduciary deed to enable the execution. the contract in accordance with the provisions of the constitutional court decision makes it clear what the default conditions agreed between creditors and debtors are, so that creditors have a basis in declaring the debtor in default as stipulated in the constitutional court decision. moreover, the hindrances faced in the execution involve, the client denies any breach of contract and is adamant that the condition concerned is nothing but force majeure, and the client refuses to willingly give his/her fiduciary object, or he/she even attempts to make it as if it disappeared or to embezzle it. encountering these two issues, bprs bumi rinjani usually offers a negotiation to encourage its client to willingly give the fiduciary object. the steps taken are appropriate, because if resolved through litigation, there will be losses, starting from the long dispute resolution time, the large amount of costs that must be incurred, and most importantly, it is not certain that the creditor can win the dispute. references alhababsah, salem, and sina yekini, ‘audit committee and audit quality: an empirical analysis considering industry expertise, legal expertise and gender diversity’, journal of international accounting, auditing and taxation, 42 (2021), 100377 https://doi.org/10.1016/j.intaccaudtax.2021.100377 amaliyah, angguliyah rizqi, and ika insyiroh, ‘financial ratio analysis to assess the financial performance at islamic rural bank (irb) bumi rinjani kepanjen’, international journal of business marketing and management, 6 (2021), 2456–4559 www.ijbmm.com [accessed 16 april 2023] anwar, khoirul, ‘fiduciary collateral object execution mechanism post constitutional court decision number 2/puu-xix/2021’, international journal costs (study in malang district court class 1a)’, indonesia law reform journal, 2.3 (2022), 367–81 https://doi.org/10.22219/ilrej.v2i3.23264 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.intaccaudtax.2021.100377 http://www.ijbmm.com/ https://doi.org/10.22219/ilrej.v2i3.23264 issn 2807-2812 journal of human rights, culture and legal system 105 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) of social science research and review, 6.2 (2023), 194–98 https://doi.org/10.47814/ijssrr.v6i2.969 bartlett, robert, and eric talley, ‘law and corporate governance’, the handbook of the economics of corporate governance, 1 (2017), 177–234 https://doi.org/10.1016/bs.hecg.2017.11.009 budiman, budiman, and abdul kadir jaelani, ‘the policy of sustainable waste management towards sustainable development goals’, journal of human rights, culture and legal system, 3.1 (2023), 70–94 https://doi.org/10.53955/jhcls.v3i1.73 butarbutar, elisabeth nurhaini, ‘constitutional issue of the executional power of fiduciary certificates as equal to court decision’, jurnal konstitusi, 19.3 (2022), 606–22 https://doi.org/10.31078/jk1935 calomiris, charles w., mauricio larrain, josé liberti, and jason sturgess, ‘how collateral laws shape lending and sectoral activity’, journal of financial economics, 123.1 (2017), 163–88 https://doi.org/10.1016/j.jfineco.2016.09.005 christiani, theresia anita, ‘normative and empirical research methods: their usefulness and relevance in the study of law as an object’, procedia social and behavioral sciences, 219.1 (2016), 201–7 https://doi.org/10.1016/j.sbspro.2016.05.006 dewi, ni luh putu geney sri kusuma, putu eka trisna dewi, and ni putu riyani kartika sari, ‘regulation of copyright certificate as a material guarantee and bankrupt estate/beodel in indonesia’, adi journal on recent innovation, 2.2 (2021), 186–200 https://doi.org/10.34306/ajri.v2i2.76 farrell, katharine n., and d. löw beer, ‘producing the ecological economy: a study in developing fiduciary principles supporting the application of flow-fund consistent investment criteria for sovereign wealth funds’, ecological economics, 165 (2019), 106391 https://doi.org/10.1016/j.ecolecon.2019.106391 feltman, dalia m., gregory p. moore, andrew f. beck, emily siffermann, carlo bellieni, and john lantos, ‘seeking normalcy as the curve flattens: ethical considerations for pediatricians managing collateral damage of coronavirus disease-2019’, the journal of pediatrics, 225 (2020), 233–38 https://doi.org/10.1016/j.jpeds.2020.06.067 grassa, rihab, nejia moumen, and khaled hussainey, ‘is bank creditworthiness associated with risk disclosure behavior? evidence from islamic and conventional banks in emerging countries’, pacific-basin finance journal, 61 (2020), 101327 https://doi.org/10.1016/j.pacfin.2020.101327 hamid, nurdjanah, and ida bagus anom purbawangsa, ‘impact of the board of https://www.jhcls.org/index.php/jhcls https://doi.org/10.47814/ijssrr.v6i2.969 https://doi.org/10.1016/bs.hecg.2017.11.009 https://doi.org/10.53955/jhcls.v3i1.73 https://doi.org/10.31078/jk1935 https://doi.org/10.1016/j.jfineco.2016.09.005 https://doi.org/10.1016/j.sbspro.2016.05.006 https://doi.org/10.34306/ajri.v2i2.76 https://doi.org/10.1016/j.ecolecon.2019.106391 https://doi.org/10.1016/j.jpeds.2020.06.067 https://doi.org/10.1016/j.pacfin.2020.101327 106 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) directors on financial performance and company capital: risk management as an intervening variable’, journal of co-operative organization and management, 10.2 (2022), 100164 https://doi.org/10.1016/j.jcom.2021.100164 hidayah, n.p., f. wiryani, and h.p. madyasti, ‘the strengthening legal protection of indigenous people in facing investment climate in era of asean economic community in’, in iop conference series: earth and environmental science, 2018, clxxv, 1–5 https://doi.org/10.1088/1755-1315/175/1/012208 hidayah, nur putri, quincy r cloet, and david pradhan, ‘the implementation of labor development principles according to job creation law as a reason to protect wages rights’, bestuur, 9.1 (2021), 68–76 https://doi.org/https://dx.doi.org/10.20961/bestuur.v9i1.49252 hilgutsiany, nowinri, and marini pratiwi pitanuki, ‘executions of fiduciaryry guarantee post constitutional court decision no. nomor: 18/puu-xvii/2019’, constitutionale, 1.2 (2020), 123–38 https://doi.org/10.25041/constitutionale.v1i2.2173 kowalczyk, cezary, alina źróbek-różańska, sabina źróbek, and hubert kryszk, ‘how does government legal intervention affect the process of transformation of state-owned agricultural land? the research methods and their practical application’, land use policy, 111 (2021), 105769 https://doi.org/10.1016/j.landusepol.2021.105769 di maggio, marco, mark egan, and francesco franzoni, ‘the value of intermediation in the stock market’, journal of financial economics, 145.2 (2022), 208–33 https://doi.org/10.1016/j.jfineco.2021.08.020 mahkamah konstitusi, putusan mahkamah konstitusi no. 18/puu-xviii/2019, mahkamah konstitusi republik indonesia, 2019, pp. 1–127 https://www.mkri.id/public/content/persidangan/putusan/putusan_mkri_669 4.pdf [accessed 12 february 2021] mao, yifei, ‘managing innovation: the role of collateral’, journal of accounting and economics, 72.1 (2021), 101419 https://doi.org/10.1016/j.jacceco.2021.101419 martam, nurmin k, ‘executive implementation by debt collector against fidusian object guarantee’, dih: jurnal ilmu hukum, 15.2 (2019), 134–42 https://doi.org/10.30996/dih.v15i2.2527 mohd saad, noriza, mohd nizal haniff, and norli ali, ‘corporate governance mechanisms with conventional bonds and sukuk’ yield spreads’, pacificbasin finance journal, 62 (2020), 101116 https://doi.org/10.1016/j.pacfin.2019.02.001 morain, stephanie r., debra j.h. mathews, gail geller, juli bollinger, kevin weinfurt, jeffrey g. jarvik, and others, ‘identification and management of https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jcom.2021.100164 https://doi.org/10.1088/1755-1315/175/1/012208 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v9i1.49252 https://doi.org/10.25041/constitutionale.v1i2.2173 https://doi.org/10.1016/j.landusepol.2021.105769 https://doi.org/10.1016/j.jfineco.2021.08.020 https://www.mkri.id/public/content/persidangan/putusan/putusan_mkri_6694.pdf https://www.mkri.id/public/content/persidangan/putusan/putusan_mkri_6694.pdf https://doi.org/10.1016/j.jacceco.2021.101419 https://doi.org/10.30996/dih.v15i2.2527 https://doi.org/10.1016/j.pacfin.2019.02.001 issn 2807-2812 journal of human rights, culture and legal system 107 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) pragmatic clinical trial collateral findings: a current understanding and directions for future research’, healthcare, 9.4 (2021), 100586 https://doi.org/10.1016/j.hjdsi.2021.100586 muchtar, helitha novianty, miranda risang ayu, and muhamad amirulloh, ‘development of a valuation system of technology for the enhancement of innovation in indonesia’, heliyon, 9.2 (2023), e13124 https://doi.org/10.1016/j.heliyon.2023.e13124 nuh, ferlyawan isnanda, herwastoeti herwastoeti, and dwi ratna indri hapsari, ‘implementation of e-court in civil life settlement to realize simple principles quickly and low costs (study in malang district court class 1a)’, indonesia law reform journal, 2.3 (2022), 367–81 https://doi.org/10.22219/ilrej.v2i3.23264 pandoman, agus, ‘islamic financial infrastructure towards the establishment of sharia central banks’, formosa journal of applied sciences, 1.5 (2022), 873–90 https://doi.org/10.55927/fjas.v1i5.1459 pramudyaningtyas, ayu, ‘international journal of multicultural and multireligious understanding legal certainty of execution of fiduciary guarantees after the decision of the constitutional court number 18 / puuxvii / 2019 & number 2 / puu-xix / 2021’, international journal of multicultural and multireligious understanding (ijmmu), 9.6 (2022), 555–63 https://doi.org/http://dx.doi.org/10.18415/ijmmu.v9i6.3919 putri hidayah, nur, and komariah, ‘the urgency of strengthening creditor legal protection in fiduciary guarantee agreements’, kne social sciences, 2022.1 (2022), 492–504 https://doi.org/10.18502/kss.v7i15.12123 putriyanti, erma defiana, ‘legal status of credit bank guarantee in indonesia’s legal guarantee’, sriwijaya law review, 1.2 (2017), 128–41 http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/38 [accessed 10 march 2023] sanusi, ‘legal protection of the creditor on fiduciary guarantee objects unlisted in the fiduciary registration office’, international journal of law reconstruction, 1.1 (2017), 74–86 https://doi.org/10.26532/ijlr.v1i1.1636 de sousa oliveira, matheus henrique, edilson f. arruda, gregório luz, and rosário macário, ‘the impact of the european development fund and european bank as financing sources on traffic estimation biases’, research in transportation business & management, 45 (2022), 100884 https://doi.org/10.1016/j.rtbm.2022.100884 zhang, bo, bingyang wei, and ruiping zhang, ‘research on evolution laws of pitch cones and characteristic values on whole tooth surface of hypoid https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.hjdsi.2021.100586 https://doi.org/10.1016/j.heliyon.2023.e13124 https://doi.org/10.22219/ilrej.v2i3.23264 https://doi.org/10.55927/fjas.v1i5.1459 https://doi.org/http:/dx.doi.org/10.18415/ijmmu.v9i6.3919 https://doi.org/10.18502/kss.v7i15.12123 http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/38 https://doi.org/10.26532/ijlr.v1i1.1636 https://doi.org/10.1016/j.rtbm.2022.100884 108 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 95-108 nur putri hidayah, et al,. (modeling the contract and execution fiduciary…) gears’, mechanism and machine theory, 174 (2022), 104915 https://doi.org/10.1016/j.mechmachtheory.2022.104915 zhang, jian, ke li, and yang feng, ‘criminal sanctions on identity theft in shanghai: an empirical case law analysis’, international journal of law, crime and justice, 71 (2022), 100562 https://doi.org/10.1016/j.ijlcj.2022.100562 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.mechmachtheory.2022.104915 https://doi.org/10.1016/j.ijlcj.2022.100562 42 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). research article implementation of parate executie object of liability redi res1 1 faculty of sharia and law, universitas islam negeri sunan kalijaga, yogyakarta, indonesia  redi.res92@gmail.com abstract parate executive is the primary purpose of establishing law number 4 of 1996 concerning mortgage rights to provide solid legal protection for creditors holding mortgage objects. the easy and inexpensive execution process should make the parate executive the leading choice for creditors in auctioning mortgage objects if the debtor defaults. however, in reality, the parate execution could not be carried out properly because of the supreme court decision no. 3210 k/pdt/1984, in which one of the ratio decidendi in it that the public auction conducted by the bandung kpknl is invalid, and this is also supported by book ii of the supreme court's guidelines which requires fiat execution from the district court. this paper will explain how the two conflicting legal bases will impact the implementation of parate executives in the field. keywords: parate executie; mortgage; land. introduction as part of national development, economic development is one of the efforts to realize just and prosperous people's welfare based on pancasila and the 1945 constitution. individuals or business entities seeking to increase their consumptive or productive needs are in dire need of funding, and banks as one of the sources of funds, including in the form of credit, in order to be able to be sufficient to support business expansion. given the importance of the position of credit funds in the process of economic development, it is appropriate that credit givers and recipients and other related parties receive protection through a vital guarantee rights institution in order to provide legal certainty for all interested parties as an effort to anticipate the emergence of risks for creditors in the future, which will come. for this business, you can use banking services.1 for providers of funds/credit (creditors) and recipients of loans or debtors. the legal solution referred to here is the procedure regarding the implementation of performance fulfillment if the debtor is in default. indeed, currently, there are many alternatives regarding the execution (implementation) of the guarantee object when the debtor defaults. however, of course, execution is the most straightforward procedure to accelerate the repayment of his receivables to support national economic development. 1herowati poesoko, dinamika hukum parate executie obyek hak tanggungan, (yogyakarta: aswaja pressindo, 2013), p. 1 https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ mailto:redi.res92@gmail.com journal of human rights, culture and legal system, volume 1, no. 1, 2021 43 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). initially, the guarantee agency for land was mortgages and creditverbands. mortgage guarantee institutions are regulated in book ii of burgerlijk wetboek, which is the same as the civil code and starting now abbreviated as b.w, precisely regulated in articles 1162-1232 b.w; while creditiverband is regulated in the staatsblaad of 1908 number 542 as amended by stb. 1937-190. nevertheless, since the enactment of law no. 5 of 1960 concerning basic agrarian basic regulations (uupa), forming law no. 5 of 1960 following article 51 of law no. 5 of 1960, to make a set of rules regarding mortgage which had just been realized and promulgated on april 9, 1996, law no. 4 of 1996 concerning mortgage on land and objects related to land (uuht), from now on referred to as mortgage rights. since the uuht has been declared effective, the mortgage and creditverband guarantee institutions, as long as they are related to land, have ended their term of service and role.2 parate execution contained in article 6 uuht is the legal basis for legal protection to creditors holding mortgage objects. the implementation of parate execution that occurred in the period since the enactment of law no. 5 of 1960 until the enactment of law no. 4 of 1996, concerning mortgage on land and objects related to land (abbreviated uuht), could not be implemented as expected by the bank as creditor due to the supreme court of the republic of indonesia (mari) decision. 3210 k/pdt/1984 dated january 30, 1986, which is one of the ratio decidendi of the supreme court's decision in this case, if the auction is carried out by the head of the bandung state auction office on the orders of the original defendant i (bank-kteditor) and not by order of the chairman of the court in bandung, according to mari, the public auction is contrary to article 224 hir, so the auction is invalid. it turns out that mari's decision is also supported by book ii of the guidelines for the aguag court of the republic of indonesia, which requires fiat execution from the district court.3 so here there is a clash of two conflicting laws, where the uuht mandates that the mortgage which is used as collateral to be executed by direct execution (parate executie) if the debtor defaults or breaks a promise, but on the other hand, the supreme court does not recognize the direct execution without a decision. from the previous district court. discussion juridical overview of mortgage mortgage rights, according to the provisions of article 1 point 1 of law no. 4 of 1996 concerning mortgage on land and objects related to land, is mortgage on land and objects related to land in the future referred to as mortgage rights are security rights imposed on land rights as referred to in law number 5 of 1960 concerning basic agrarian regulations, whether or not the following other objects which are an integral part of the land, for the settlement of certain debts, which give priority to certain creditors over other creditors. from the formulation of article 1 paragraph (1) of law no. 04 of 1996 concerning mortgage rights, it can be seen that basically, a mortgage is a form of guarantee for debt repayment, with pre-emptive rights, with the object (collateral) in the form of land rights as regulated in law no. 05 of 1960 concerning basic agrarian regulations (uupa). if we read the provisions stipulated in law no. 05 of 1960 concerning the basic agrarian regulations (uupa), we can see article 51, 2ibid., p. 2-3. 3ibid., p. 5. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ 44 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). which states that mortgage rights that can be imposed on property rights, cultivation rights, and building use rights in articles 25, 33, and 39 are regulated by law. furthermore, in the formulation of article 57 of the loga, it states as long as the law on mortgage mentioned in article 51 has not yet been formed, the provisions regarding the mortgage in the indonesian civil code and the credit verband in s. 1908-542 shall apply as amended by s. 1937190. thus, it is clear that the uuht was formed as the implementer of article 51 of the uupa, which replaces the enactment of the provisions regarding mortgages regulated in the civil code and credietverband regulated in staatsblad 1908 no. 542 as amended by staatsblad 1937 no. 190. matters regarding the revocation or declaration of invalidity of the provisions regarding hypotheses regulated in the indonesian civil code and credit verband regulated in staatsblad 1937 no. 542 as amended by staatsblad 1937 no. 190 can be found in the formulation of article 29 of the mortgage law (uuht) which states:4 in mortgage law, objects that can be encumbered with mortgage rights are land rights and objects related to land. in article 4 of the uuht, it is explained that land rights that can be encumbered with mortgage rights are as follows: a) ownership b) right to cultivate c) building use rights d) right of use on state land, which according to applicable regulations must be registered and according to its nature can be transferred e) rights to land rights including buildings, plants, and works that already exist or will exist which are an integral part of the land, and which belong to the holder of the land rights. in this case, the burden must be expressly stated in the deed of granting the mortgage concerned. 5 especially the right of use, in reality, not all land rights of use on state land can be used as objects of mortgage rights. land right to use on state land, although registered, because of their non-transferable nature, such as right to use on behalf of the government, right to use on behalf of religious and social bodies. right to use on behalf of foreign country representatives, the validity period of which is not determined and given as long as the land is used for specific (unique) purposes, is not an object of mortgage rights.the land-use rights that can be transferred include the use rights granted to individuals or legal entities for a certain period as determined in the decision to grant them, which can be used as objects of mortgage rights. one of the rights of use subjects is a foreigner, but not all foreigners can be appointed as the right of use. only foreigners who are domiciled in indonesia can be subject to the right to use. the definition of domicile in indonesia, when interpreted narrowly, is to have permanent residence in indonesia and not just to be in indonesia at certain times. permanent residence does not mean he has to stay in indonesia all the time. however, the residence must be in indonesia, not in another country. the primary purpose of the issuance of government regulation number 41 of 1996 is not to increase national development but to allow foreigners to get/own a house in indonesia. of course, the term "beneficial for national development" must be interpreted broadly. the definition of "domiciled in indonesia" does not have to mean permanent or temporary residence in indonesia as long as the foreigner's presence in indonesia can benefit national development. 4ibid., p. 14. 5adrian sutedi, hukum hak tanggungan, (jakarta: sinar grafika, 2010), p.51 https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 45 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). if the buildings, plants, and works that form one unit with the land are not owned by the holder of the right to land, the encumbrance of the mortgage on the objects can only be done by signing and on the deed of granting the mortgage concerned by the owner or the authorized person. for that by him with an authentic deed. in principle, the object of mortgage is land rights that meet two requirements, namely that they must be registered (to fulfill publicity requirements) and can be transferred to facilitate the implementation of debt payments that are guaranteed to be paid off. following the mandate of article 51 of the loga, the land rights designated as objects of mortgage rights are ownership rights, cultivation rights, and building use rights. in later developments, namely according to the regulation of the minister of agrarian affairs no. 1 of 1966 dated january 5, 1966, the right of use on state land must also be registered to be transferred. therefore, in addition to meeting the community's needs, specific state land use rights that meet these two conditions can also be used as objects of mortgage rights. in addition to the right of use on state land, there is also the possibility that the right of use will occur on land with hak milik, which is currently not regulated, but the mortgage law opens the possibility that it can be used as an object of mortgage if it has fulfilled the two conditions mentioned above. regarding this matter, it will be regulated in a government regulation (article 4 paragraph (3) of law no. 4 of 1996). in the explanation of article 4 paragraph (1) of law no. 4 of 1996 (law on mortgage rights), it is affirmed that land with hak milik that has been waqf and lands used for worship and other sacred purposes, even though they fulfill these two requirements, due to the specific nature and purpose of their use, cannot be used as objects. mortgage right. in the explanation of article 4 paragraph (2) of law no. 4 of 1996, it is also explained that the right of use over state land granted to individuals and civil legal entities, because it fulfills the two conditions mentioned above, can be used as the object of mortgage rights. use of land rights on state land granted to government agencies, religious and social agencies, and foreign country representatives, even though they must be registered, are still because their nature cannot transfer them. they are not objects of mortgage rights.6 1) as the only institution for guaranteeing land rights for the settlement of certain debts, mortgage rights have four principles, namely as follows. 2) give a preferred position to the creditor. this means that the creditor holding the mortgage has the right to obtain repayment of his receivables than other creditors for the proceeds of the sale of the object burdened with the mortgage. 3) always follow the object in the hands of whomever the object is. this means that the objects used as the mortgage object are still burdened with the mortgage, even though in the hands of whomever the object is. so even though the land rights, which are the mortgage object, have been transferred or moved to other people, the existing mortgage rights are still attached to the object and still have binding power. 4) meet the principles of specialty and publicity. the principle of specialty means that the object that is burdened with the mortgage must be specifically designated. in the deed of granting mortgage, it must be stated explicitly and clearly regarding what the object being encumbered is in the form of, where it is located, how wide it is, what the boundaries are, and the evidence of the owner. the principle of publicity means that the mortgage encumbrance must be known by the public, for that the deed of granting the mortgage must be registered. 6ibid., p. 53. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ 46 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). 5) easy and solid execution, meaning that it can be executed like a judge's decision with permanent and definite legal force. the encumbrance of mortgage rights is: in the general elucidation, number 7 and the explanation of article 15 paragraph (1) uuht, it is stated that the granting of mortgage rights must be carried out by the mortgage provider himself by being present before the ppat. as a proxy, with a power of attorney to impose mortgage rights (skmht) in the form of an authentic deed. the making of skmht other than by a notary is also assigned to ppat because this ppat reaches the district area in the context of equal distribution of services in the land sector. the contents of the skmht must meet the following requirements. a) does not contain the power to carry out other legal actions and impose mortgage rights. b) does not contain the power of substitution. c) state the object of the mortgage, the amount of debt and the name and identity of the creditor, the name and identity of the debtor if the debtor is not the provider of the mortgage. ppat's authority to make skmht, in addition to being stated in article 15 paragraph (1), is also based on the general explanation number 7, which among other things, states that: a) ppat is a public official who is authorized to make a deed of transfer of land rights and other deeds in the context of imposing land rights, the form of which is determined as evidence that specific legal actions have been carried out regarding land located within their respective working areas. as a public official, the deeds made by ppat are authentic. b) making a power of attorney for imposing mortgage rights in addition to a notary, also assigned to ppat whose existence reaches the sub-district area to facilitate services to parties who need it. 1) does not contain the power to carry out other legal actions and impose mortgage rights. 2) does not contain the power of substitution. 3) state the object of the mortgage, the amount of debt and the name and identity of the creditor, the name and identity of the debtor if the debtor is not the provider of the mortgage. ppat's authority to make skmht, in addition to being stated in article 15 paragraph (1), is also based on the general explanation number 7, which among other things, states that: a) ppat is a public official who is authorized to make a deed of transfer of land rights and other deeds in the context of imposing land rights, the form of which is determined as evidence that specific legal actions have been carried out regarding land located within their respective working areas. as a public official, the deeds made by ppat are authentic. b) making a power of attorney for imposing mortgage in addition to the notary, also assigned to ppat whose existence reaches the sub-district area to facilitate services to parties who need it. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 47 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). thus, if a notary is authorized to make skmht for lands throughout indonesia, then the ppat may only make skmht for lands within his/her area of an office, especially in places where there is no notary on duty. a power of attorney must be given directly by the mortgage provider and must meet the requirements regarding the content as stipulated in article 15 paragraph (1). if the skmht is not made by the mortgage provider himself or does not meet the requirements mentioned above, then the power of attorney concerned is null and void, meaning that the power of attorney cannot be used as the basis for making the deed of granting mortgage.7 in addition, in the deed of granting mortgage, the parties can also include facultative promises, which aim to protect the creditor's interests as the holder of the mortgage. although the promises are facultative, they are always included in the deed of granting mortgage. the deed of granting mortgage (apht) stipulates the terms and conditions regarding the granting of mortgage from the debtor to the creditor in connection with the mortgage guaranteed by the mortgage. other (concurrent creditors) as stated in article 11 uuht. so, the granting of mortgage rights as collateral for the repayment of debt or debts to creditors in connection with the loan or credit agreement in question. land as an object of mortgage may include objects that are an integral part of the land. this is possible because of its physical nature to become one unit with the land, both existing and future, in the form of permanent buildings, perennials, and handiwork, provided that these objects belong to the right holder or to other parties (if the object is -the object belongs to the other party concerned/the owner must also sign the apht).8 executie from the word paraat, which means the right is ready in the creditor's hands to sell the collateral object in public based on the earliest power as if selling his property. parate executive arrangements have been in place at the time the mortgage institution is in effect, as regulated in article 1178 paragraph (2) b.w, which contains:9 "however, it is permissible for the person who owes the first mortgage to, at the time of granting the mortgage, expressly ask for an agreement that, if the principal is not repaid correctly, or if the interest owed is not paid, he will be empowered to sell the parcels which are bound in public, to take the payment of principal, as well as interest and fees, from the sales income, the promise must be made according to the method as regulated in article 1211 bw.” the meaning of parate executie given by the doctrine is "the authority to sell on its power or parate executie, given the meaning, that if the debtor is in default, the creditor can execute the object of collateral, without having to ask for fiat from the chief justice, without having to follow the rules of the game in the law. the event-for that there are rules of the game-no need for confiscation in advance, no need to involve a bailiff, and therefore the procedure is more manageable and costs less. parate executie, according to subekti, is: "to carry out themselves or take what they are entitled to, in the sense that without the mediation of a judge, which is aimed at something as collateral for further selling the goods themselves." meanwhile, tartib believes that parate execution is an execution carried out by the holders of collateral rights (pawns and mortgages) without the assistance or intervention of the district court but only based on the assistance of the state auction office. from these two opinions, it can be understood that the implementation 7ibid., p. 60-61. 8ibid., p. 72. 9herowati poesoko, dinamika hukum parate executie obyek hak tanggungan, (yogyakarta: aswaja pressindo, 2013), p. 9. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ 48 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). of parate execution is the easiest and simplest way for creditors to recover their receivables when the debtor is in default compared to executions through the assistance or intervention of the district court. 10 as an illustration, for the convenience of the creditor's right to execute parate executie at the time the mortgage is valid, the promise to sell on its power as the first creditor's right when the debtor is in breach of contract has received support from several legal experts. as the opinion of stein said that the promise cx article 1178 paragraph (2) b.w. is an effort or facility that is intentionally made for debtors so that they can get their money back more effortlessly and cheaply. article 1178 paragraph (2) b.w. is deliberately intended to break through the formalities of the procedural law, which, if it is not contained in that article, the creditor holding the mortgage should have complied. scholten views the sale on its own power as a simple and inexpensive exercise of creditor rights.11 we can see the legal basis for parate execution in article 20 uuht, which reads: article 20 (1) if the debtor defaults, then based on: a. the right of the first mortgage holder to sell the object of the mortgage as referred to in article 6, or b. the executorial title contained in the mortgage certificate as referred to in article 14 paragraph (2), the mortgage object is sold through a public auction according to the procedure specified in the legislation for the settlement of the mortgage holder's receivables with prior rights over other creditors. (2) under the agreement of the grantor and the holder of the mortgage, the sale of the object of the mortgage can be carried out under the hands if, in this way, the highest price can be obtained that benefits all parties. the convenience provided by uuht for creditors holding mortgage rights when the debtor defaults, according to article 20 paragraph (1) letters a and b of uuht, the execution of mortgage guaranteed objects can be reached in 3 ways, namely:12 1) parate executie 2) title executorial 3) underhand sales the three forms of execution are a form of legal protection for a creditor against the mortgage that has been guaranteed against him. as long as one of the forms of execution is obtained by the creditor holding the mortgage, the creditor can still be called getting legal protection, namely the right of a preferred creditor. the three executions of the mortgage rights mentioned above each have differences in their implementation procedures. for executions using executorial titles based on mortgage certificates (previously using grosse acte mortgages), the implementation of the sale of collateral objects is subject to and complies with civil procedural law as specified in article 224 h.i.r. / 258 rbg, which reads: original letters from mortgages and debt securities, which are made before a notary in indonesia and use the words: "in the name of justice" in his head, have the same power as a judge's decision. in the case of 10 ibid., p. 4. 11 ibid., p. 10 12 ibid. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 49 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). carrying out such a letter, if it is not fulfilled by peaceful means, then the regulations in this section can be treated, but with the understanding that physical coercion may only be carried out after being permitted by the judge's decision. if implementing the decision must be carried out entirely or partially outside the district court's jurisdiction, whose chairman orders it to be carried out, then the regulations in article 195 paragraph two and subsequent ones are complied with.” the implementation procedure takes a long time. meanwhile, underhand execution implementation must meet several requirements, including an agreement between the mortgagee (the debtor) and the mortgage holder (the creditor). according to susan remy sjahdeini, in the context of underhand sales, the problem that needs to be solved is regarding the validity of the sale. an object of mortgage by the bank, based on a power of attorney to sell under the hands of the giver of mortgage. for creditors and debtors to sell under the hands is a new development as a form of execution in the uuht for legal protection for the parties because it has not been regulated at the time of enactment of mortgages on land.13 although article 20 of the uuht provides an opportunity for the execution of mortgage rights by way of executorial title in the sense of execution through the fiat of the chairman of the district court, it does not mean that the execution of mortgage rights utilizing parate execution is ruled out because parate execution is regulated separately in one article, namely article 6 uuht, this illustrates how parate executies are very important in uuht, and by looking at the order of articles concerning parate executies which precede the article title executorial, it also emphasizes that parate executies are one of the main objectives of the establishment of uuht. parate executie implementation of mortgage objects after the enactment of law no. 4 of 1996 concerning mortgage rights in a debt relationship where there is an obligation to achieve from the debtor and the right to achievement from the creditor, the legal relationship will run smoothly if each party fulfills its obligations. however, in a debt relationship that can be billed (opeisbaar), if the debtor does not fulfill the performance voluntarily, the creditor has the right to demand the fulfillment of his receivables (verhaal rights; execution rights) against the debtor's assets which are used as collateral. the fulfillment right of the creditor is carried out by selling/disbursing collateral from the creditor, where the result is for the fulfillment of the debtor's debt. the sale of these objects can occur through public sales because of a promise/bed in advance (parate execution) of particular objects used as collateral.14 direct execution (parate executie), which is the primary purpose of the establishment of uuht, to provide legal protection to creditors holding mortgage rights, can be seen in the following articles: 1) based on the provisions of article 6 uuht the debtor is in default, the holder of the first mortgage has the right to sell the mortgage object on his power through a public auction and take repayment of his receivables from the proceeds of the sale. the right of the mortgage holder to exercise his rights under the provisions of article 6 of the uuht is a right that is solely granted by law. however, this does not mean that these rights exist by law but must be agreed upon in 13ibid., p. 4 14sri soedewi masjchoen sofwan, hukum jaminan di indonesia pokok-pokok hukum jaminan dan jaminan perorangan, (yogyakarta: liberty offset yogyakarta, 2011), p. 31 https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ 50 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). advance by the parties in the deed of assignment of mortgage rights on land rights. the provisions contained in the elucidation of article 6 uuht state that: the right to sell the mortgage object on its power is one of the manifestations and the priority position held by the mortgage holder or the holder of the first mortgage if there is more than one holder of the mortgage. this right is based on the promise given by the mortgage giver that if the debtor is in breach of contract, the mortgage holder has the right to sell the mortgage object through a public auction without requiring further approval from the mortgage provider and then take the repayment of his receivables and the proceeds of the sale first than before. other creditors. the remaining proceeds from the sale remain the rights of the mortgagee. the possibility of giving the promise to sell yourself through a public auction, as well as taking the repayment in advance and other creditors, is further regulated in the provisions of article 11 paragraph (2) point e of the uuht.15 2) based on the provisions stipulated in article 14 uuht article 14 (1) as proof of the existence of a mortgage right, the land office issues a mortgage certificate following the prevailing laws and regulations. (2) the mortgage certificate, as referred to in paragraph (1), contains statements with the words "for justice based on the almighty god." (3) the mortgage certificate, as referred to in paragraph (2), has the same executive power as a court decision that has obtained permanent legal force and is valid as a substitute for gross after hypothesis as long as it concerns land rights. (4) unless agreed otherwise, the certificate of land rights that has been affixed with a note on the imposition of mortgage rights as referred to in article 13 paragraph (3) is returned to the holder of the land rights concerned. (5) the mortgage certificate shall be submitted to the mortgage holder. the formulation of article 14 paragraph (2) of the uuht clearly states that the mortgage certificate has executorial power and a court decision that has permanent legal force. in the provisions of article 14 paragraph (2) uuht, it is even confirmed that the mortgage certificate is the grosse deed of the hypotheek. the enactment of the mortgage certificate as a grosse deed of hypotheek, as explained above, is a consequence of the registration of titles system adopted by the loga, which is different from the registration of deeds system adopted in the overshrijvings ordonantie 1934. in the registration of deeds, the grosse deed is the deed issued by the overshrijving official, which at the time it was made was also directly registered by the official. this gross deed issued by an overshrijving official has an executorial title, which contains an irah-irah "for justice based on the one almighty god," which has the same executive power as a court decision that has permanent legal force. article 14 paragraph (1) uuht reformulates, as a result of the registration of titles, proof of the existence or existence of mortgage, evidenced by a mortgage certificate issued by the land registration office following applicable laws and regulations (government regulation no. 24 1997). furthermore, in line with the provisions of article 7 paragraph (2) of the minister of agrarian regulation no. 15 of 1961; then the provisions of article 14 paragraph (2) and paragraph (3) of the uuht reaffirm that this mortgage certificate contains instructions in the 15kartini muljadi & gunawan widjaja, seri hukum harta kekayaan: hak tanggungan, (jakarta: prenada media group, 2006), p. 248-249 https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 51 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). form of the words " for justice based on the one mafia god, "which has the same executive power as the court decision that has been made. obtain permanent legal force and apply as a substitute for the grosse deed of the hypotheek as long as it concerns land rights.16 it clearly shows us that the mortgage certificate has an executorial title, agreed or not, in the agreement or the mortgage deed. the mortgage certificate is a mortgage deed gross "for the sake of justice based on the almighty god" and the explanation given above shows that the mortgage's execution can be carried out firstly in public, through an auction, and the second voluntarily.17 the two forms of execution above are forms of parate executie. only the difference is that the first is through the assistance of the state auction agency, and the second is auctioned by themselves by mutual agreement. however, it turns out that the implementation of parate execution that occurred in the period since the enactment of law no. 5 of 1960 until the enactment of law no. 4 of 1996, concerning mortgage on land and objects related to land (abbreviated uuht), cannot be implemented as expected by the bank as the creditor, due to the supreme court of the republic of indonesia (mari) decision mari no. 3210 k/pdt/1984 dated january 30, 1986, which is one of the ratio decidendi of the supreme court's decision in this case, if the auction is carried out by the head of the bandung state auction office on the orders of the original defendant i (bank-kteditor) and not by order of the chairman of the court in bandung, according to mari, the public auction is contrary to article 224 hir, so the auction is invalid. it turns out that mari's decision is also supported by book ii of the guidelines for the aguag court of the republic of indonesia, which requires fiat execution from the district court. so, according to m. yahya harahap, the mari decision no. 3210 k/pdt/1984, dated january 30, 1986, has often been debated by various legal studies because, according to people, this decision has killed the eigenmachtige verkoop principle which was given in article 1178 paragraph (2) b.w. therefore, it is time for the mari decision to be straightened out. in contrast to the opinion of boedi harsono, who stated that the mari decision no. 3210 k/ pdt/1984, dated january 30, 1986, is one of the facilities that cannot be utilized. boedi harsono intends that the supreme court decides that the parate executive must first obtain the fiat of the head of the district court. 18 after the enactment of law no. 4 of 1996, the bank as the creditor rarely applies to auction to the state auction office based on article 6 uuht because the application will be rejected by the state auction office because there is mari decision no. 321() k/pdt g/1984, and book ii of the guidelines for the supreme court of the republic of indonesia which requires fiat executions and a district court. in addition, there is a lack of interested parties who want to buy because there will be problems at the time of emptying. after all, the court refuses to issue an order to vacate. after all, the execution has not gone through the court. the same research on para te executives in 2003 by m. khoidin, and the results of his research on the existence of parate executives after the enactment of law no. 4 of 1996 also could not be implemented effectively, for the same reason as the results of research by retnowulan sutantio. in the subsequent development, the implementation of parate executive in the jakarta iv area as stated in the announcement of the second execution auction requested by pt. bank internasional indonesia tbk, which in this ballot appointed pt triagung lumintu as the 16 ibid., p. 252-254 17 ibid., p. 256-257 18ibid., p. 5 https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ 52 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). executor of the pre-auction service, conducted a public sale (auction) of execution according to article 6 of the mortgage rights act through an intermediary at the state receivables and auction service office (kp2ln) jakarta iv. in kp2ln in bandung, the execution of mortgage rights following article 6 uuht by the state receivable and auction service office (kp2ln) region ii is included. the same applies to the announcement of the execution auction based on the provisions of article 6 of law no. 4 of 1996 ( mortgage rights ) through kp2ln bandung ii. the announcement of the auction based on article 6 of the uuht is also found in the semarang area, as stated in the announcement of the first execution auction that pt requested. international bank executive tbk, which in this case appointed pt. it was triaging lumintu as the executor of pre-auction services through the state receivables and auction service office (kp2ln) semarang. although some mass media read that there were announcements of auctions based on article 6 uuht, it turned out that not all kp2lns (now changed to kpknl) received applications from creditors (banks) to carry out auction sales based on article 6 uuht. as with the jakarta kpknl region ii, the procedure still has to obtain the fiat of the chairman of the district court. the reason is that kpknl has had a bitter experience with the debtor or a third party looking for excuses, giving rise to new cases. 19 this is also the same as the results of research that the author did at the yogyakarta city district court previously, wherefrom the results of the author's interview with mrs. bahtera yeni warita, s.h., m.hum. as a judge at the yogyakarta city district court, the execution of mortgage rights can only be carried out after the fiat from the head of the district court. however, kpknl yogyakarta has been carrying out parate executive so far, and this can be seen from one of the auction announcements issued by kpknl yogyakarta on july 3, 2015, which was conducted without going through the fiat of the head of the district court. and the implementation of the auction on july 10, 2015. where the creditor is pt. bri branch office sleman. so it can be concluded that parate executive still exists and is implemented in yogyakarta, but nationally, parate executive has not been appropriately implemented and intact as mandated by uuht. if you look at the legal basis for parate executive, then all kpknl throughout indonesia should be able to carry out parate executive, because it is a mandate from the law (uuht), although if later there are third parties who dispute the direct execution, the kpknl must resolve it themselves. moreover, in kpknl, there is an information and law section, one of which is to solve such problems, as in kpknl yogyakarta, there is an information and law section, one of which is to resolve third party disputes concerning direct executions carried out by kpknl yogyakarta. although it is only a mediation, and if the mediation fails, the settlement is brought to the court, and in the opinion of the author, the court is only limited to resolving cases of claims from third parties, not canceling or ordering executions carried out by kpknl, because that is the right of kpknl. regarding book ii of the supreme court guidelines, which requires fiat from the head of the district court to execute the mortgage object, in the author's opinion, it also does not conflict with uuht, because article 20 paragraph (1) point b of the uuht also provides opportunities for the execution of the mortgage object utilizing executorial title in the sense of execution with the fiat of the head of the district court first, but this according to the author only applies to the execution of the mortgage object submitted by the creditor to the district court and does not apply to the execution of the mortgage object submitted by the creditor directly to the 19ibid., p. 5-6 https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 53 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.6 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). district court. kpknl, because judges in civil law are only passive and may not add cases outside the scope of the case being submitted. so it is fatal if the district court cancels the direct execution carried out by the kpknl. conclusion parate executie, which is the main goal in uuht, which aims to provide legal protection to creditors holding mortgage objects to feel safe in the credit process, has a solid and transparent legal basis uuht. articles 6 and 14 are the legal basis for implementing parate executie on the implementation of the auction of the mortgage object, the kpknl as the executor of the execution in the field must carry out the mandate of the uuht. however, in reality in the field, there are still kpknl that do not carry out parate executie, on the grounds of the jurisprudence of supreme court decision no. 3210 k/pdt/1984, which is one of the ratio decidendi in it, that the public auction conducted by the bandung kpknl without fiat from the head of the district court is invalid, is also supported by an order from book ii of the supreme court guidelines for the execution of the mortgage object carried out after the fiat of the head of the district court. this is just a misunderstanding of the jurisprudence of the above decision and the order of book ii of the supreme court guidelines. uuht is a special law on mortgages born in 1996, meaning the supreme court's decision no. 3210 k/pdt/1984 in 1984 was ruled out by the uuht, which was born after it, and book ii of the supreme court's guidelines only applies to the execution (object mortgage) submitted to the court and does not apply to execution (object mortgage). which is directly submitted to the kpknl, because civil law recognizes judges is passive and only waiting, without being allowed to seek or increase the scope of cases from those originally submitted. references adrian sutedi, hukum hak tanggungan, jakarta: sinar grafika, 2010 buku pedoman mahkamah agung republik indonesia herowati poesoko, dinamika hukum parate executie obyek hak tanggungan, yogyakarta: aswaja pressindo, 2013 pamplet pengumuman berita lelang yang dikeluarkan oleh kpknl yogyakarta kartini muljadi & gunawan widjaja, seri hukum harta kekayaan: hak tanggungan, jakarta: prenada media group, 2006 kitab undang-undang hukum perdata sri soedewi masjchoen sofwan, hukum jaminan di indonesia pokok-pokok hukum jaminan dan jaminan perorangan, yogyakarta: liberty offset yogyakarta, 2011 undang-undang no 4 tahun 1996 tentang hak tanggungan beserta beserta benda-benda yang berkaitan dengan tanah https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.6 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 17-32 17 https://doi.org/10.53955/jhcls.v3i1.60 journalhumanrightslegalsystem@gmail.com environmental hazard: the legal issues concerning environmental justice in nigeria paul atagamen aidonojie a* a faculty of law, edo state university uzairue, nigeria. *corresponding author: aidonojie.paul@edouniversity.edu.ng 1. introduction the right of man and the concept of justice have been given recognition across the global (both international and national) terrain. the concept of environmental sustainability and the need for environmental justice for the victim of environmental hazards has been given widespread global recognition.1 this is concerning the fact that it has been proven that the better measure to curtail the incidence of harmful human activities leading to environmental hazards globally is to ensure that the legal framework concerning environmental issues is geared 1 abdul kadir jaelani and muhammad jihadul hayat, ‘the proliferation of regional regulation cancellation in indonesia’, journal of human rights, culture and legal system, 2.2 (2022), 121–38 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 a r t i c l e i n f o a b s t r a c t article history received: december 15, 2022. revised: february 13, 2023. accepted: february 14, 2023. one of the challenges the global community seeks to solve is environmental hazards emanating from human harmful activities. although, nigeria seems to be part of the global authors seeking environmental justice concerning environmental hazards, however, the incidence of environmental hazards seems to be very pronounced, given the ineptitude of environmental justice towards victims of an environmental hazard. it is concerning this that this study tends to embark on a hybrid method of study in ascertaining the current state of environmental hazard in nigeria and the challenges concerning environmental justice. the study further found that the continuous environmental hazard in nigeria is a result of the ineptitude of environmental justice toward the victim of an environmental hazard. the study therefore concludes and recommends that for an effective curtailing of the incidence of environmental hazards in nigeria, the nigerian government needs to intensify justice for the victim of environmental hazards and ensure the predators of environmental hazards are legally constricted from their continuous harmful activities. this is an open-access article under the cc–by 4.0 license. keywords environmental; justice; legal; hazard; nigeria; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:aidonojie.paul@edouniversity.edu.ng https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 https://creativecommons.org/licenses/by/4.0/ 18 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) towards environmental justice.2 in this regard, various international laws concerning the preservation and sustainability of the global environment have been carefully intensified to provide environmental justice for the victim who had suffered environmental hazards emanating from harmful human activities.3 environmental justice can be aptly referred to as having in place, a mechanism, an institutional and legal framework that curtails the excesses of environmental predators who through their harmful activities cause catastrophic environmental hazards. furthermore, it also involves a process of adequately indemnifying or compensating the victim of an environmental hazard.4 however, it suffices to opine that nigeria being a developing country is striving strenuously to attain sustainable economic growth. in furtherance of the quest for economic growth in nigeria, there have been a series of harmful environmental abuse emanating from harmful human activities. several communities in nigeria over the years have encountered severe environmental hazards such as land and river oil pollution, pollution from industrial waste, flooding, air pollution, indiscriminate dumping of toxic refuse.5 however, despite the loss and threat of life caused by the dreaded environmental hazards that cause harmful human activities in nigeria, it is apt to state that most of the predators seem to be untouched by the wipe or stroke of the laws and institutional bodies in nigeria as concern environmental sustainability. in this regard, the idea of being portrayed as being on the frontline of enforcing and implementing global environmental justice is a mockery of the nigerian environmental justice system.6 the concept of environmental justice has long been given international recognition. this is concerning the fact that the international community has shown great concern concerning the depletion, degradation, and damage of climate earth, arising from harmful human activities. in this regard, to guarantee environmental justice several institutional bodies were established.7 2 hallie eakin, svenja keele, and vanessa lueck, ‘uncomfortable knowledge: mechanisms of urban development in adaptation governance’, world development, 159 (2022), 106056 https://doi.org/10.1016/j.worlddev.2022.106056 3 mumeen a. yusuf and others, ‘application of environmental isotopes in sustainability assessment of the groundwater resources of lagos coastal basin (lcb), south-west, nigeria’, groundwater for sustainable development, 16.june 2020 (2022), 100721 https://doi.org/10.1016/j.gsd.2021.100721 4 chukwudi o. onwosi and others, ‘cattle manure as a sustainable bioenergy source: prospects and environmental impacts of its utilization as a major feedstock in nigeria’, bioresource technology reports, 19.july (2022), 101151 https://doi.org/10.1016/j.biteb.2022.101151 5 anna zalik, ‘oil “futures”: shell’s scenarios and the social constitution of the global oil market’, geoforum, 41.4 (2010), 553–64 https://doi.org/10.1016/j.geoforum.2009.11.008 6 usang anok ukam, ‘environmental contamination by soil-transmitted helminths ova and subsequent infection in school-age children in calabar, nigeria’, scientific african, 2023, e01580 https://doi.org/10.1016/j.sciaf.2023.e01580 7 hossein azadi and others, ‘special issue: environmental risk mitigation for sustainable land use development’, land use policy, 95.february (2020), 104488 https://doi.org/10.1016/j.landusepol.2020.104488 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.worlddev.2022.106056 https://doi.org/10.1016/j.gsd.2021.100721 https://doi.org/10.1016/j.biteb.2022.101151 https://doi.org/10.1016/j.geoforum.2009.11.008 https://doi.org/10.1016/j.sciaf.2023.e01580 https://doi.org/10.1016/j.landusepol.2020.104488 issn 2807-2812 journal of human rights, culture and legal system 19 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) furthermore, to further legally strengthen the mandate of these institutional bodies towards fostering environmental justice and checkmate the excess environmental hazard of most countries, various legal framework was adopted.8 some of these international laws concerning fostering environmental justice. however, it suffices to state in nigeria, the issues of environmental hazards have been a bane and challenge to most communities. this is concerning the fact that it has been widely reported that in nigeria there have been several reported cases and incidences of environmental hazards which include land and river oil pollution, pollution from industrial waste, severe flooding, air pollution, indiscriminate dumping of toxic refuse, noise pollution, radioactive pollution and thermal pollution.9 there is denying that the continuous environmental hazard being experienced in nigeria is a mockery of nigeria's environmental laws. this is concerning the fact that nigeria is part of the signatory countries to most international treaties, conventions, and protocols that tend to guarantee environmental justice.10 however, despite nigeria being part of the movement for the cause of environmental justice, there seems to be a high incidence of environmental hazards with the victim having no access to environmental justice.11 environmental justice involves a proper dispensation of justice concerning environmental hazards by the national institutional bodies such as the police, prosecutor, or relevant government agencies and court, by the laid down the legal framework.12 in this regard, it suffices to state that in nigeria, several institutional bodies tend to be saddled with the responsibility of ensuring that justice is served in an incidence of an environmental hazard. some of these institutional bodies include the police, relevant government agencies such as; environmental impact 8 anupriya khan and satish krishnan, ‘moderating effects of business-systems corruption on corruption in basic national institutions and electronic government maturity: insights from a dynamic panel data analysis’, international journal of information management, 59.february 2020 (2021), 102349 https://doi.org/10.1016/j.ijinfomgt.2021.102349 9 wei hsiang chang and others, ‘insights into the long-term fates and impacts of polybrominated diphenyl ethers in sediment samples in taiwan: the national project for background monitoring of the environmental distribution of chemical substances (bmecs)’, environmental pollution, 306.january (2022), 119417 https://doi.org/10.1016/j.envpol.2022.119417 10 raphael j. heffron and others, ‘the emergence of the “social licence to operate” in the extractive industries?’, resources policy, 74.september 2018 (2021), 101272 https://doi.org/10.1016/j.resourpol.2018.09.012 11 seun bamidele and nicholas idris erameh, ‘environmental degradation and sustainable peace dialogue in the niger delta region of nigeria’, resources policy, 80.january (2023), 103274 https://doi.org/10.1016/j.resourpol.2022.103274 12 kingsley eghonghon ukhurebor and others, ‘environmental implications of petroleum spillages in the niger delta region of nigeria: a review’, journal of environmental management, 293.september 2020 (2021), 112872 https://doi.org/10.1016/j.jenvman.2021.112872 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijinfomgt.2021.102349 https://doi.org/10.1016/j.envpol.2022.119417 https://doi.org/10.1016/j.resourpol.2018.09.012 https://doi.org/10.1016/j.resourpol.2022.103274 https://doi.org/10.1016/j.jenvman.2021.112872 20 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) assessment agency, national environmental standards, and regulations enforcement agency, and state environmental protection agencies and the court.13 the existence of these institutional bodies, there are still hurdles concerning environmental justice in nigeria. this is concerning the fact that constitutionally the right to safe and a healthy environment as provided for by section 20 contained in chapter ii of the nigeria constitution, has been made a caricature by section 6(6)(c) of the nigeria constitution.14 in this regard, it suffices to state that nigeria being part of the countries on the frontline of ensuring environmental justice is in theory. it is apt to state that the concept of environmental justice is trending within the global terrain.15 in this regard, several learned authors have had a discussion concerning the concept of environmental justice within their jurisdiction and the global terrain. concerning this, it will be relevant to examine some of these pieces of literature to the extent they may be relevant to this study.16 according to ukhurebor and aidonojie in their study, they identify that the global environment is current experience severe environmental threats emanating from harmful human activities.17 they further, canvass that if the activities of man are not properly checked, it may drastically affect food production in the long run. however, aidonojie et al. opine that nigeria is severely having its fair share of incidences of environmental hazard. they noted that majority of life threatening environmental hazards are majorly emanating from harmful multi-national company industrial waste. furthermore, they opine that the decadence of nigeria's environmental law is the major cause of the continuous pollution of the nigerian environment.18 concerning the above-identified incidence of environmental hazards in nigeria, hari stated that the possible way in resolving and curtailing the incidence of environmental hazards is to ensure a smooth pathway of environmental justice for a victim of an environmental hazard. in this regard, hari state that if the predators pollute the nigerian environment and cause harm to the nigerian citizens are 13 kelechi e. anyaoha and lulu zhang, ‘renewable energy for environmental protection: life cycle inventory of nigeria’s palm oil production’, resources, conservation and recycling, 174.april (2021), 105797 https://doi.org/10.1016/j.resconrec.2021.105797 14 marta conde, ‘resistance to mining: a review’, ecological economics, 132 (2017), 80–90 https://doi.org/10.1016/j.ecolecon.2016.08.025 15 ismaila rimi abubakar, ‘understanding the socioeconomic and environmental indicators of household water treatment in nigeria’, utilities policy, 70.april (2021), 101209 https://doi.org/10.1016/j.jup.2021.101209 16 kimberley anh thomas and benjamin p. warner, ‘weaponizing vulnerability to climate change’, global environmental change, 57.may (2019), 101928 https://doi.org/10.1016/j.gloenvcha.2019.101928 17 idowu ajibade and others, ‘are managed retreat programs successful and just? a global mapping of success typologies, justice dimensions, and trade-offs’, global environmental change, 76.august (2022), 102576 https://doi.org/10.1016/j.gloenvcha.2022.102576 18 abdul wadood moomen and others, ‘inadequate adaptation of geospatial information for sustainable mining towards agenda 2030 sustainable development goals’, journal of cleaner production, 238 (2019), 117954 https://doi.org/10.1016/j.jclepro.2019.117954 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.resconrec.2021.105797 https://doi.org/10.1016/j.ecolecon.2016.08.025 https://doi.org/10.1016/j.jup.2021.101209 https://doi.org/10.1016/j.gloenvcha.2019.101928 https://doi.org/10.1016/j.gloenvcha.2022.102576 https://doi.org/10.1016/j.jclepro.2019.117954 issn 2807-2812 journal of human rights, culture and legal system 21 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) aware that it takes a seamless process for their victim to get justice, and it will prompt them to curtail their harmful activities.19 furthermore, eghosa in his studies identified that the concept of environmental justice is ridden with several challenges. however, in his statement, he stated that although, nigeria has ratified some international treaties as it relate to environmental right and also enact some environmental laws that assert the right to a clean and healthy environment, however, the implementation of the laws seem to pose challenges to environmental justice in nigeria.20 furthermore, it suffices to state that greed and corruption is also a major challenge militating environmental justice in nigeria. this position was further reconfirmed by ayodeji and okwechime, in their study they found that there is incidence of oil induced pollution emanating from multinational oil companies. they further stated that though some of these companies indulging oil pollution had sort to compensate and bring development to the affected communities in niger delta, the greed, insincerity and corrupted stakeholders within the region of the affected communities had truncated the benefit emanating from the multinational oil companies.21 concerning the above, it suffices to state that various authors identified above have written scholarly work as it relates to environmental justice, which will be very relevant to this study. however, this study tends to focus on the challenges concerning environmental justice as the bane of the continuous environmental hazard in nigeria. 2. research method the researcher employs the use of hybrid method research (doctrinal and nondoctrinal) in ascertaining the legal challenges concerning environmental justice in nigeria. the essence of the doctrinal method of study is aimed at theorizing issues concerning environmental hazards and the legal framework concerning environmental justice in nigeria.22 in this regard, concerning the doctrinal method of the study, the author relied on and review various legal scholarly literature (such as textbooks, journal articles, and online journal articles) and laws in nigeria 19 samara jacal and others, ‘economic costs and environmental impacts of fossil fuel dependency in sub-saharan africa: a nigerian dilemma’, energy for sustainable development, 70 (2022), 45–53 https://doi.org/10.1016/j.esd.2022.07.007 20 aliyu zakari-jiya and others, ‘pharmaceutical and personal care products as emerging environmental contaminants in nigeria: a systematic review’, environmental toxicology and pharmacology, 94.june (2022), 103914 https://doi.org/10.1016/j.etap.2022.103914 21 sijie zhu and others, ‘soil pollution studies of takum, nigeria: the use of environmental magnetic properties, elemental analysis and geostatistical tools’, building and environment, ii, 2022, 109181 https://doi.org/10.1016/j.pce.2023.103377 22 mohammad jamin and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.esd.2022.07.007 https://doi.org/10.1016/j.etap.2022.103914 https://doi.org/10.1016/j.pce.2023.103377 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 22 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) as it concerns environmental hazard and justice.23 however, concerning the nondoctrinal method of study, the researcher adopts the use of a questionnaire distributed to various respondents residing in nigeria. the essence of the questionnaire is aimed at ascertaining from nigerians if there have been incidences of environmental hazards within their locality, the challenges militating against environmental justice, and possible solutions in resolving the challenges. the data obtained in the questionnaire were statistically, mathematically, and numerically analyse in a descriptive format.24 3. results and discussion legal framework and issues concerning environmental justice in nigeria it is apt to state that for there to be environmental justice in every given society, there must be a proper and effective legal framework that deter and punish an individual from polluting or causing an environmental hazard. furthermore, the legal framework must also ensure adequate compensation for a victim who suffers from environmental hazards as a result of harmful human activities. in this regard, it suffices to opine that the international community has carefully laid down an international legal framework concerning environmental justice and also required member states who are signatories to the international treaties, protocols, and conventions concerning environmental protection and the right of a victim to environmental hazard, to adopt same procedure in ensuring that a safe environment and protection of a victim of an environmental hazard.25 the constitution of nigeria is the superior law of the land that ought to ensure that there is environmental safety, and also ensure that there is environmental justice for a victim of environmental hazards. however, the right to a clean and healthy environment is mentioned just in section 20 in chapter 2 of the nigerian constitution. it suffices to state that by section 6(6)(c) of the nigeria constitution the right to a clean and healthy environment as envisaged by section 20 of the nigeria constitution is in shamble and cannot be enforced. this is concerning the fact that, by section 6(6)(c) of the nigerian constitution, judicial power is restricted and confiscated from further entertaining any issues contained in chapter 2 of the nigerian constitution. in this regard, one may have no choice but to argue that the concept of environmental justice is or does not seem to exist, due to the gridlock placed by section 6(6)(c) of the nigerian constitution.26 23 jaelani and hayat. 24 fitri nur, aini prasetyo, and abdul kadir jaelani, ‘the changing of environmental approval administrative law perspective’, journal of human rights, culture and legal system, 2.3 (2022), 191– 208 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 25 omobolanle adeyemo and john smallwood, ‘impact of occupational health and safety legislation on performance improvement in the nigerian construction industry’, procedia engineering, 196.june (2017), 785–91 https://doi.org/10.1016/j.proeng.2017.08.008 26 i. n. abdullahi and others, ‘the interplay between environmental factors, vector competence and vaccine immunodynamics as possible explanation of the 2019 yellow fever rehttps://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 https://doi.org/10.1016/j.proeng.2017.08.008 issn 2807-2812 journal of human rights, culture and legal system 23 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) it suffices to state that, international treaties that would have been the lily way of ensuring environmental justice for a victim of environmental hazard were therefore constricted by section 12 of the nigerian constitution. the said section 12 of the nigerian constitution aptly provides that no international treaties, protocol, or convention shall have the force of law in nigeria except such international law has been ratified and domesticated in nigeria.27 the provision of section 12 of the nigeria constitution has also been given judicial recognition in the case of fawehinmi v abacha when the nigeria court re-emphasizes that it is settled law that international treaties that have not been ratified and domesticated by the national assembly do not have the force of law in nigeria. in this regard, it suffices to state that nigeria's signatory to several international environmental laws that tends to ensure environmental justice does not have any significant effect, given the existence of section 12 of the nigerian constitution.28 however, it must be noted that it cannot be ruled out that there is no existence or the concept of environmental just in nigeria cannot be achieved. this is concerning the fact that a cursory review of item 60(a) of the exclusive legislative list to the second schedule of the nigeria constitution specifically provides that where the national assembly of nigeria enacts laws concerning any matters contained in chapter two of the nigeria constitution, such matter can be enforceable in any court of law in nigeria.29 in furtherance of item 60(a) of the exclusive legislative list to the second schedule of the nigeria constitution, several national and state legislation concerning the safety, protection of the environment, and ensuring environmental justice have been enacted. some of these laws are national environmental standards and regulations enforcement agency act, the gas flaring (prohibition and punishment) act, environmental impact assessment act, sea fisheries act, nigeria mining corporation act, nuclear safety and radiation act, territorial water act, the endangered species act, harmful waste act and various states environmental protection laws.30 emergence in nigeria’, new microbes and new infections, 41 (2021), 100858 https://doi.org/10.1016/j.nmni.2021.100858 27 n. zabbey and others, ‘could community science drive environmental management in nigeria’s degrading coastal niger delta? prospects and challenges’, environmental development, 37.august 2019 (2021), 100571 https://doi.org/10.1016/j.envdev.2020.100571 28 oluwaseun olowoporoku, oluwole daramola, and oluwafemi odunsi, ‘determinants of residents’ perceived environmental hazards and risks in coastal towns of delta state, nigeria’, international journal of disaster risk reduction, 56.may 2020 (2021), 102094 https://doi.org/10.1016/j.ijdrr.2021.102094 29 adewumi i. badiora, olanrewaju t. dada, and temitope m. adebara, ‘correlates of crime and environmental design in a nigerian international tourist attraction site’, journal of outdoor recreation and tourism, 35.may 2020 (2021), 100392 https://doi.org/10.1016/j.jort.2021.100392 30 oludamilare bode adewuyi and others, ‘techno-economic analysis of robust gas-to-power distributed generation planning for grid stability and environmental sustainability in nigeria’, https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.nmni.2021.100858 https://doi.org/10.1016/j.envdev.2020.100571 https://doi.org/10.1016/j.ijdrr.2021.102094 https://doi.org/10.1016/j.jort.2021.100392 24 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) it suffices to state that in ensuring that there is environmental justice in nigeria, legal practitioners are taking the advantage of linking the right to a clean and healthy environment to the right to life contained in chapter four of the nigerian constitution. in the renowned case of jonah gbemre v. shell petroleum development company of nigeria limited which is a case of environmental pollution of communities within the niger delta region, claiming many life and livelihood of the community. the trial court had no choice but to succumb to the fact that environmental hazard that could lead to taking the life of any individual is condemnable. this is concerning the fact that chapter four of the nigerian constitution guarantees the right to life.31 however, it suffices to state that despite the lily way of ensuring environmental justice within the nigeria environmental legal framework, the concept of environmental justice cannot be better attained in nigeria if there is no amendment to the nigeria constitution in removing the gridlock concerning environmental justice. concerning the above, it suffices to state that although, nigeria seem to be in the frontline of the pursuit of environmental justice within it territory, however, there several challenges that militate against its successful implemtation of environmental justice. these challenges includes thus, nonconstitutional recognition of the right to a clean and healthy environment in nigeria. this position has been aptly canvas, poor prosecution of cases or incidences of environmental hazard violators, judicial personnel acceding to technicality concerning environmental cases, non-judicial activism concerning environmental cases and illiteracy of most nigeria concerning their right to a clean and healthy environment.32 institutional and legal framework concerning environmental justice in nigeria the concept of environmental justice is hinge on mainly clean and a healthy environment conducive to human habitation, and effective environmental laws that tend to protect and secure the right of an individual to a clean and healthy environment. furthermore, properly structure institutional bodies that will ensure environmental governance and justice in securing the effective implementation of laws on the environment and securing the right of every given individual that is being environmentally abused. however, concerning the above, it suffices to opine that nigeria has long set up a good structure and institutional framework to sustainable energy technologies and assessments, 55.june 2022 (2023), 102943 https://doi.org/10.1016/j.seta.2022.102943 31 yusuf saad sani and others, ‘economic growth and environmental degradation in developing world: evidence from nigeria (1981–2019)’, materials today: proceedings, 49 (2020), 3177–80 https://doi.org/10.1016/j.matpr.2020.11.310 32 fidelis i. abam and others, ‘environmental sustainability of the nigeria transport sector through decomposition and decoupling analysis with future framework for sustainable transport pathways’, energy reports, 7 (2021), 3238–48 https://doi.org/10.1016/j.egyr.2021.05.044 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.seta.2022.102943 https://doi.org/10.1016/j.matpr.2020.11.310 https://doi.org/10.1016/j.egyr.2021.05.044 issn 2807-2812 journal of human rights, culture and legal system 25 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) ensure that environmental justice is served. some of these institutional bodies’ roles and functions as they relate to environmental justice.33 the court, it suffices to state that it is the common saying by the laymen in nigerian society that the court is the last hope of common men in nigeria. this is concerning the fact that were in the circumstances an individual right to a clean and healthy environment is being abused, the nigeria court is by section 6 of the constitution and the extent to which section 6(6)(c) of the nigerian constitution permit the court is empowered to determine any issues legal issues that affect the citizens in nigeria. in this regard, over the years there several environmental cases such as; spdc v. councillor farah and 7 others, shell v. isaiah; spdc v. jonah gbemere, in which the nigerian court has held the polluters responsible for their harmful actions. in this regard, it is trite to state that the nigeria court is an institutional body that plays a pivotal role in guaranteeing environmental justice to victims of an environmental hazard.34 federal environmental protection agency, the incidence of waste dumping by an italian multinational company in koko port nigeria prompted the nigerian government to exacerbate the enactment of a law to curtail the incidence of indiscriminate dumping of waste and substances that could pollute the nigerian environment. it is in this regard that the federal environmental protection act was enacted. however, to ensure effective implementation of the act in making sure that environmental justice is served, the law created an agency known as the federal environmental protection agency. the agency is saddled with the following responsibility as it for environmental justice as follows, implementation of environmental laws and policies in nigeria, to ensure that there is effective compliance with the law and policies, imposition of acquiescence with regard, to international convention, treaty, procedure, and truces on the environment, to safeguard and preserve nigeria's natural resources in its environment and to make environmental guidelines and rules concerning safeguarding the environment.35 however, it suffices to state that it is concerning the weakness inherent in the federal environmental protection act that necessitated the repeal of the act by the national environmental standards and regulations enforcement agency (establishment) act, 2007. in this regard, section 1 of the nesrea act further created an agency known as nesrea to replace the federal environmental protection agency. the function and powers of the extant agency are as spelled 33 o. kehinde and others, ‘plastic wastes: environmental hazard and instrument for wealth creation in nigeria’, heliyon, 6.10 (2020), e05131 https://doi.org/10.1016/j.heliyon.2020.e05131 34 hyellai titus pona and others, ‘environmental health situation in nigeria: current status and future needs’, heliyon, 7.3 (2021), e06330 https://doi.org/10.1016/j.heliyon.2021.e06330 35 t. a. laniyan and o. m. morakinyo, ‘environmental sustainability and prevention of heavy metal pollution of some geo-materials within a city in southwestern nigeria’, heliyon, 7.4 (2021), e06796 https://doi.org/10.1016/j.heliyon.2021.e06796 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2020.e05131 https://doi.org/10.1016/j.heliyon.2021.e06330 https://doi.org/10.1016/j.heliyon.2021.e06796 26 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) out by section 7 of the nesrea act which is very similar to the power and functions exercised by the defunct federal environmental protection agency.36 state environmental protection agency, concerning the fact that most states in nigeria are key in ensuring an effective institutional system where justice could be better served, several states in nigeria such as the lagos state, edo state, ogun, ondo, kwara, and several others had deemed it fit in setting up environmental protection agency to combat the incidence of environmental hazard and ensure environmental justice is attained for a victim of environmental hazards.37 however, to further intensify the implementation of various environmental law taskforce and mobile courts concerning environmental sanitation were also set up in most states to curtail the incidence of environmental pollution and ensure environmental justice is attained. in this regard, as part of policy and guideline in ensuring environmental justice, most state empowers their environmental agency to declare every last saturday as a day for environmental sanitation. this practice has long been truncated by the economic greed of most successive governments for decades.38 the data obtained and generated from the respondent response to the questionnaire, shows that the 264% respondents are resident of nigeria. in this regard, this presupposes and is made authentic that the respondents not only possess knowledge concerning environmental hazards in nigeria but also may have experienced incidences of environmental pollution emanating from harmful human activities. the majority of the respondents (264% of the respondents) stated that there have experience incidences of environmental hazards emanating from harmful human activities. in this regard, in figure 3 and table 3 the respondents identified the forms of environmental pollution often suffered from harmful human activities and some of which are as follows, 75.6% and 64.7% of the respondents stated land, river oil pollution, and pollution from industrial waste, 67.4% and 48% identified severe flooding and air pollution, 79.6% and 48.9% stated that there have been incidences of indiscriminate dumping of toxic refuse and radioactive pollution and 58.8% and 49.3% identified noise pollution and light pollution respectively pollution.39 36 h. a. umar and others, ‘environmental and socioeconomic impacts of pipeline transport interdiction in niger delta, nigeria’, heliyon, 7.5 (2021), e06999 https://doi.org/10.1016/j.heliyon.2021.e06999 37 daniel ama-abasi and others, ‘influence of physical environmental parameters on the abundance of chrysichthys nigrodigitatus of the cross river, nigeria.’, scientific african, 16 (2022), e01247 https://doi.org/10.1016/j.sciaf.2022.e01247 38 david v. ogunkan, ‘achieving sustainable environmental governance in nigeria: a review for policy consideration’, urban governance, 2.1 (2022), 212–20 https://doi.org/10.1016/j.ugj.2022.04.004 39 williams p. akanmu, sunday s. nunayon, and uche c. eboson, ‘indoor environmental quality (ieq) assessment of nigerian university libraries: a pilot study’, energy and built environment, 2.3 (2021), 302–14 https://doi.org/10.1016/j.enbenv.2020.07.004 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2021.e06999 https://doi.org/10.1016/j.sciaf.2022.e01247 https://doi.org/10.1016/j.ugj.2022.04.004 https://doi.org/10.1016/j.enbenv.2020.07.004 issn 2807-2812 journal of human rights, culture and legal system 27 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) however, in date shows 4 62.9% of respondents representing the majority of the respondents were of the view that despite relevant evidence of harmful human activities polluting their environment, there is still no justice for victim who suffer from the environmental hazards. furthermore, in figure 5 and table 5, the respondents identified some of the challenges militating environmental justice in nigeria as follows, 83.6% of the respondents stated that the non-constitutional recognition of the right to a clean and healthy environment in nigeria is a bane to environmental justice, 89.2% stated that poor prosecution of cases or incidences of environmental hazard violators, 57.8% assert that most judicial personnel often accede to a technicality over substantive issues in environmental cases, 51.3% also stated that non-judicial activism concerning environmental cases is a bane to achieving environmental justice and 74.6% of the respondents stated that illiteracy of most nigeria concerning their right to a clean and healthy environment also often made it impossible in getting environmental justice.40 it suffices to state that the findings above represent the challenges often encounter in litigating environmental cases or incidences of environmental pollution emanating majorly from harmful industrial activities of a multi-national company in nigeria. furthermore, this finding also corroborated the findings of aidonojie et al., in their study, they examine the decadence of environmental laws and judicial unfairness in incidence environmental cases in nigeria. their study reviews the fact that the nigerian judiciary often glorifies monetary value emanating from multinational oil companies over the safety of the nigerian environment.41 in date show also, the respondents identified possible remedies that could aid in salvaging issues and challenges concerning environmental justice as follows, 77.6% of the respondents stated that there is a need for a review of nigeria's constitution to accommodate the right to a clean and healthy environment in chapter four of the constitution, 87.1% identified that there is a need for environmental activists to assist most affected poor communities to prosecute their cases in getting environmental justice, 53.4% assert that the nigeria judiciary must ensure to give credence to the substance of every given environmental case over technicalities and 75.9% stated that the nigerian legislation should endeavor to review the various legal frameworks on the environment to capture any form of environmental pollution as a strict liability. 40 ibrahim kabiru maji and sagir adamu, ‘the impact of renewable energy consumption on sectoral environmental quality in nigeria’, cleaner environmental systems, 2.december 2020 (2021), 100009 https://doi.org/10.1016/j.cesys.2021.100009 41 kigho moses oghenejoboh and others, ‘value added cassava waste management and environmental sustainability in nigeria: a review’, environmental challenges, 4.april (2021), 100127 https://doi.org/10.1016/j.envc.2021.100127 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.cesys.2021.100009 https://doi.org/10.1016/j.envc.2021.100127 28 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) 4. conclusion the study have carefully examine the trending quest for justice for victim of environmental hazards. the identify the fact that environmental justice have been given a wide global recognition. this is concerning the fact that the global community had through various legal framework and institutional bodies set the ball of environmental justice rolling. furthermore, the study also emphasize the fact that, virtually all nations within the global environment are gradually taken drastic move to ensure victim of environmental hazards are adequately compensated and obtain justice. the study also reveal the fact that, nigeria seem to have key into the trending of environmental justice for victim of environmental justice. this is in regard to the fact that there several laws and institutional bodies established by the nigerian government to ensure that environmental justice is served concerning victim of environmental hazards. the study further identified that despite the legal and institutional framework in ensuring that environmental justice is guaranteed for victim of environmental hazards, there several challenges that mitigate environmental justice in nigeria. it is therefore recommended that there is need for review of the nigeia constitution to incorporate the right to a clean and healthy environment under chapter four of the nigeria constitution as a fundalmental human right necessary to the actualization of life to right. furthermore, there is need for a swift judicial activism on issues realting to environmental cases. references abam, fidelis i., ekwe b. ekwe, ogheneruona e. diemuodeke, michael i. ofem, bassey b. okon, chukwuma h. kadurumba, and others, ‘environmental sustainability of the nigeria transport sector through decomposition and decoupling analysis with future framework for sustainable transport pathways’, energy reports, 7 (2021), 3238–48 https://doi.org/10.1016/j.egyr.2021.05.044 abdullahi, i. n., a. u. anka, a. u. emeribe, k. umar, h. a. adekola, l. uzairue, and others, ‘the interplay between environmental factors, vector competence and vaccine immunodynamics as possible explanation of the 2019 yellow fever re-emergence in nigeria’, new microbes and new infections, 41 (2021), 100858 https://doi.org/10.1016/j.nmni.2021.100858 abubakar, ismaila rimi, ‘understanding the socioeconomic and environmental indicators of household water treatment in nigeria’, utilities policy, 70.april (2021), 101209 https://doi.org/10.1016/j.jup.2021.101209 adewuyi, oludamilare bode, mark kipngetich kiptoo, isaiah gbadegesin adebayo, oluwatobi idowu adewuyi, and tomonobu senjyu, ‘technoeconomic analysis of robust gas-to-power distributed generation planning for grid stability and environmental sustainability in nigeria’, sustainable energy technologies and assessments, 55.june 2022 (2023), 102943 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.egyr.2021.05.044 https://doi.org/10.1016/j.nmni.2021.100858 https://doi.org/10.1016/j.jup.2021.101209 issn 2807-2812 journal of human rights, culture and legal system 29 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) https://doi.org/10.1016/j.seta.2022.102943 adeyemo, omobolanle, and john smallwood, ‘impact of occupational health and safety legislation on performance improvement in the nigerian construction industry’, procedia engineering, 196.june (2017), 785–91 https://doi.org/10.1016/j.proeng.2017.08.008 ajibade, idowu, meghan sullivan, chris lower, lizzie yarina, and allie reilly, ‘are managed retreat programs successful and just? a global mapping of success typologies, justice dimensions, and trade-offs’, global environmental change, 76.august (2022), 102576 https://doi.org/10.1016/j.gloenvcha.2022.102576 akanmu, williams p., sunday s. nunayon, and uche c. eboson, ‘indoor environmental quality (ieq) assessment of nigerian university libraries: a pilot study’, energy and built environment, 2.3 (2021), 302–14 https://doi.org/10.1016/j.enbenv.2020.07.004 ama-abasi, daniel, oju richard ibor, edak aniedi uyoh, bassey job, and sandra uwalaka, ‘influence of physical environmental parameters on the abundance of chrysichthys nigrodigitatus of the cross river, nigeria.’, scientific african, 16 (2022), e01247 https://doi.org/10.1016/j.sciaf.2022.e01247 anyaoha, kelechi e., and lulu zhang, ‘renewable energy for environmental protection: life cycle inventory of nigeria’s palm oil production’, resources, conservation and recycling, 174.april (2021), 105797 https://doi.org/10.1016/j.resconrec.2021.105797 azadi, hossein, dacinia crina petrescu, ruxandra malina petrescu-mag, and alexandru ozunu, ‘special issue: environmental risk mitigation for sustainable land use development’, land use policy, 95.february (2020), 104488 https://doi.org/10.1016/j.landusepol.2020.104488 badiora, adewumi i., olanrewaju t. dada, and temitope m. adebara, ‘correlates of crime and environmental design in a nigerian international tourist attraction site’, journal of outdoor recreation and tourism, 35.may 2020 (2021), 100392 https://doi.org/10.1016/j.jort.2021.100392 bamidele, seun, and nicholas idris erameh, ‘environmental degradation and sustainable peace dialogue in the niger delta region of nigeria’, resources policy, 80.january (2023), 103274 https://doi.org/10.1016/j.resourpol.2022.103274 chang, wei hsiang, quang oai lu, hsiu ling chen, ning syuan hsu, and ching chang lee, ‘insights into the long-term fates and impacts of polybrominated diphenyl ethers in sediment samples in taiwan: the national project for background monitoring of the environmental distribution of chemical substances (bmecs)’, environmental pollution, 306.january (2022), 119417 https://doi.org/10.1016/j.envpol.2022.119417 conde, marta, ‘resistance to mining: a review’, ecological economics, 132 (2017), 80–90 https://doi.org/10.1016/j.ecolecon.2016.08.025 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.seta.2022.102943 https://doi.org/10.1016/j.proeng.2017.08.008 https://doi.org/10.1016/j.gloenvcha.2022.102576 https://doi.org/10.1016/j.enbenv.2020.07.004 https://doi.org/10.1016/j.sciaf.2022.e01247 https://doi.org/10.1016/j.resconrec.2021.105797 https://doi.org/10.1016/j.landusepol.2020.104488 https://doi.org/10.1016/j.jort.2021.100392 https://doi.org/10.1016/j.resourpol.2022.103274 https://doi.org/10.1016/j.envpol.2022.119417 https://doi.org/10.1016/j.ecolecon.2016.08.025 30 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) eakin, hallie, svenja keele, and vanessa lueck, ‘uncomfortable knowledge: mechanisms of urban development in adaptation governance’, world development, 159 (2022), 106056 https://doi.org/10.1016/j.worlddev.2022.106056 heffron, raphael j., lauren downes, oscar m. ramirez rodriguez, and darren mccauley, ‘the emergence of the “social licence to operate” in the extractive industries?’, resources policy, 74.september 2018 (2021), 101272 https://doi.org/10.1016/j.resourpol.2018.09.012 jacal, samara, franziska brigitte straubinger, emmanuel olatunbosun benjamin, and gertrud buchenrieder, ‘economic costs and environmental impacts of fossil fuel dependency in sub-saharan africa: a nigerian dilemma’, energy for sustainable development, 70 (2022), 45–53 https://doi.org/10.1016/j.esd.2022.07.007 jaelani, abdul kadir, and muhammad jihadul hayat, ‘the proliferation of regional regulation cancellation in indonesia’, journal of human rights, culture and legal system, 2.2 (2022), 121–38 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 jamin, mohammad, and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 kehinde, o., o. j. ramonu, k. o. babaremu, and l. d. justin, ‘plastic wastes: environmental hazard and instrument for wealth creation in nigeria’, heliyon, 6.10 (2020), e05131 https://doi.org/10.1016/j.heliyon.2020.e05131 khan, anupriya, and satish krishnan, ‘moderating effects of business-systems corruption on corruption in basic national institutions and electronic government maturity: insights from a dynamic panel data analysis’, international journal of information management, 59.february 2020 (2021), 102349 https://doi.org/10.1016/j.ijinfomgt.2021.102349 laniyan, t. a., and o. m. morakinyo, ‘environmental sustainability and prevention of heavy metal pollution of some geo-materials within a city in southwestern nigeria’, heliyon, 7.4 (2021), e06796 https://doi.org/10.1016/j.heliyon.2021.e06796 maji, ibrahim kabiru, and sagir adamu, ‘the impact of renewable energy consumption on sectoral environmental quality in nigeria’, cleaner environmental systems, 2.december 2020 (2021), 100009 https://doi.org/10.1016/j.cesys.2021.100009 moomen, abdul wadood, michela bertolotto, pierre lacroix, and david jensen, ‘inadequate adaptation of geospatial information for sustainable mining towards agenda 2030 sustainable development goals’, journal of cleaner production, 238 (2019), 117954 https://doi.org/10.1016/j.jclepro.2019.117954 nur, fitri, aini prasetyo, and abdul kadir jaelani, ‘the changing of environmental approval administrative law perspective’, journal of human rights, culture and legal system, 2.3 (2022), 191–208 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.worlddev.2022.106056 https://doi.org/10.1016/j.resourpol.2018.09.012 https://doi.org/10.1016/j.esd.2022.07.007 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/10.1016/j.heliyon.2020.e05131 https://doi.org/10.1016/j.ijinfomgt.2021.102349 https://doi.org/10.1016/j.heliyon.2021.e06796 https://doi.org/10.1016/j.cesys.2021.100009 https://doi.org/10.1016/j.jclepro.2019.117954 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 issn 2807-2812 journal of human rights, culture and legal system 31 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) oghenejoboh, kigho moses, henry oghenero orugba, ufuoma modupe oghenejoboh, and samuel enahoro agarry, ‘value added cassava waste management and environmental sustainability in nigeria: a review’, environmental challenges, 4.april (2021), 100127 https://doi.org/10.1016/j.envc.2021.100127 ogunkan, david v., ‘achieving sustainable environmental governance in nigeria: a review for policy consideration’, urban governance, 2.1 (2022), 212–20 https://doi.org/10.1016/j.ugj.2022.04.004 olowoporoku, oluwaseun, oluwole daramola, and oluwafemi odunsi, ‘determinants of residents’ perceived environmental hazards and risks in coastal towns of delta state, nigeria’, international journal of disaster risk reduction, 56.may 2020 (2021), 102094 https://doi.org/10.1016/j.ijdrr.2021.102094 onwosi, chukwudi o., chigbogu g. ozoegwu, tochukwu n. nwagu, tonia n. nwobodo, ifeanyichukwu e. eke, victor c. igbokwe, and others, ‘cattle manure as a sustainable bioenergy source: prospects and environmental impacts of its utilization as a major feedstock in nigeria’, bioresource technology reports, 19.july (2022), 101151 https://doi.org/10.1016/j.biteb.2022.101151 pona, hyellai titus, duan xiaoli, olusola o. ayantobo, and narh daniel tetteh, ‘environmental health situation in nigeria: current status and future needs’, heliyon, 7.3 (2021), e06330 https://doi.org/10.1016/j.heliyon.2021.e06330 sani, yusuf saad, ibrahim yunusa abubakar, saifullahi bala adam, mridul dharwal, pooja singh, and pallavi sharma, ‘economic growth and environmental degradation in developing world: evidence from nigeria (1981–2019)’, materials today: proceedings, 49 (2020), 3177–80 https://doi.org/10.1016/j.matpr.2020.11.310 thomas, kimberley anh, and benjamin p. warner, ‘weaponizing vulnerability to climate change’, global environmental change, 57.may (2019), 101928 https://doi.org/10.1016/j.gloenvcha.2019.101928 ukam, usang anok, ‘environmental contamination by soil-transmitted helminths ova and subsequent infection in school-age children in calabar, nigeria’, scientific african, 2023, e01580 https://doi.org/10.1016/j.sciaf.2023.e01580 ukhurebor, kingsley eghonghon, hussain athar, charles oluwaseun adetunji, uyiosa osagie aigbe, robert birundu onyancha, and olufemi abifarin, ‘environmental implications of petroleum spillages in the niger delta region of nigeria: a review’, journal of environmental management, 293.september 2020 (2021), 112872 https://doi.org/10.1016/j.jenvman.2021.112872 umar, h. a., m. f. abdul khanan, c. ogbonnaya, m. s. shiru, a. ahmad, and a. i. baba, ‘environmental and socioeconomic impacts of pipeline transport https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.envc.2021.100127 https://doi.org/10.1016/j.ugj.2022.04.004 https://doi.org/10.1016/j.ijdrr.2021.102094 https://doi.org/10.1016/j.biteb.2022.101151 https://doi.org/10.1016/j.heliyon.2021.e06330 https://doi.org/10.1016/j.matpr.2020.11.310 https://doi.org/10.1016/j.gloenvcha.2019.101928 https://doi.org/10.1016/j.sciaf.2023.e01580 https://doi.org/10.1016/j.jenvman.2021.112872 32 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 17-32 paul atagamen aidonojie, (environmental hazard: the legal issues…) interdiction in niger delta, nigeria’, heliyon, 7.5 (2021), e06999 https://doi.org/10.1016/j.heliyon.2021.e06999 yusuf, mumeen a., tamiru a. abiye, michael j. butler, and kehinde o. ibrahim, ‘application of environmental isotopes in sustainability assessment of the groundwater resources of lagos coastal basin (lcb), south-west, nigeria’, groundwater for sustainable development, 16.june 2020 (2022), 100721 https://doi.org/10.1016/j.gsd.2021.100721 zabbey, n., n. c. kpaniku, k. sam, g. n. nwipie, o. e. okoro, f. g. zabbey, and others, ‘could community science drive environmental management in nigeria’s degrading coastal niger delta? prospects and challenges’, environmental development, 37.august 2019 (2021), 100571 https://doi.org/10.1016/j.envdev.2020.100571 zakari-jiya, aliyu, chiara frazzoli, cecilia nwadiuto obasi, bolaji bernard babatunde, kingsley c. patrick-iwuanyanwu, and orish e. orisakwe, ‘pharmaceutical and personal care products as emerging environmental contaminants in nigeria: a systematic review’, environmental toxicology and pharmacology, 94.june (2022), 103914 https://doi.org/10.1016/j.etap.2022.103914 zalik, anna, ‘oil “futures”: shell’s scenarios and the social constitution of the global oil market’, geoforum, 41.4 (2010), 553–64 https://doi.org/10.1016/j.geoforum.2009.11.008 zhu, sijie, yue yang, yu yan, francesco causone, xing jin, xin zhou, and others, ‘soil pollution studies of takum, nigeria: the use of environmental magnetic properties, elemental analysis and geostatistical tools’, building and environment, ii, 2022, 109181 https://doi.org/10.1016/j.pce.2023.103377 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2021.e06999 https://doi.org/10.1016/j.gsd.2021.100721 https://doi.org/10.1016/j.envdev.2020.100571 https://doi.org/10.1016/j.etap.2022.103914 https://doi.org/10.1016/j.geoforum.2009.11.008 https://doi.org/10.1016/j.pce.2023.103377 journal of human rights, culture and legal system, volume 1, no. 1, 2021 31 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). research article the crime of damage after the constitutional court's decision number 76/puu-xv/2017 abdul kadir jaelani1 1faculty of law, universitas sebelas maret, surakarta, indonesia  jaelaniabdulkadir@staff.uns.ac.id resti dian luthviati2 2demographic and civil registration study program, universitas sebelas maret, surakarta, indonesia restidianl@staff.uns.ac.id abstract from 2009 until now, there have been 30 cases tried by the court with the use of article 27 paragraph (3) of law number 19 of 2016 concerning amendments to law number 11 of 2008 concerning information and electronic transactions. these various cases have raised opinions from some people who consider defamation offenses contrary to the spirit of reform that upholds freedom of thought and expression. crime of reputation after the constitutional court decision number 50/puu-vi/2008, constitutional court decision number 2/puu-vii/2009, constitutional court decision number 5/puu-viii/2010, constitutional court decision number 31/puu-xiii/ 2015, and the decision of the constitutional court number 76/puuxv/2017 concerning the review of law number 19 of 2016 concerning amendments to law number 11 of 2008 regarding information and electronic transactions against the 1945 constitution of the republic of indonesia are regulated in detail with one of the points, namely making changes in article 27 paragraph (3) of the ite law and reducing criminal threats in 2 (two) provisions. keywords: reputation offenses; legal certainty; constitutional court. introduction freedom of expression is the right of every individual since birth which the constitution has guaranteed. therefore, the republic of indonesia, as a legal and democratic state, has the authority to regulate and protect its implementation. this freedom of thought and expression is held in the fourth amendment to the 1945 constitution of the republic of indonesia article 28 e paragraph (3), which states that everyone has the right to freedom of association, assembly, and expression. freedom of expression, including freedom of opinion, is one of the most https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ 32 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). fundamental rights in state life.1 the state does not give the presence of these rights but human rights. according to john locke's hypothesis, human rights are individual rights that are natural and owned by every human being since he was born in the world. one is the right to speak and express opinions owned by every indonesian people regardless of ethnicity, race, and religion. freedom of speech and expression can be done in various forms such as writing, books, discussions, articles, and mixed other media of opinion. ideally, the more mature a nation is, the more freedom of speech and expression of thought it will be respected.2 they are viewed from the other side related to human nature as a creature created by god, in humans inherent rights that are fundamental (basic) and universal. these rights are gifts from god almighty that humans have since they were born because of their position as human beings without segregating race, religion, skin color, caste, belief, gender, and nationality. it is supra-legal which does not depend on the laws of a country, does not come from the generosity of the state, but comes from a source higher than manufactured law. therefore, its existence cannot be reduced by anyone (non-derogable rights). it is the obligation of every human being and even every country to uphold and protect these rights. one of them is indonesia, a country that adheres to democratic principles to be highly respected. freedom of association, opinion and expression refer to article 28f, indonesia's 1945 constitution (2nd amendment, adopted in august 2000) and article 19 of the united nations universal declaration of human rights (udhr). article 28f of the 1945 constitution states that everyone has the right to communicate and obtain information to develop their personal and social environment, and has the right to seek, receive, possess, store, process, and convey information using all available channels.3 whereas article 19 of the united nations universal declaration of human rights (udhr), which was declared on december 10, 1948, affirms that everyone has the right to freedom of opinion and expression, in this case including the freedom to hold certain opinions without interference and to seek, accept and convey information and ideas/ideas through any media without any restrictions. although there is a guarantee for freedom of opinion and expression, the exercise of these rights is not unlimited. the limiting rule in article 29, paragraph 2 of the united nations declaration, which states that in exercising his rights and freedoms, everyone must be subject only to the limitations established by law for the sole purpose of ensuring the recognition and respect for the rights and freedoms of others and to fulfill the requirements of the aspects of morality, order and the general welfare in a democratic society.”.4 freedom of opinion, expression, association, and assembly, all guaranteed by the constitution, have a close relationship with the increasingly rapid development of technology today. technological developments make the difference between distance and time meaningless. all human needs are now easier to fulfill, especially the human need for information. the need for this information can be used as discussion material regardless of the distance and time due to the many communication media available today. the development of this technology makes 1bahder johan nasution, 2012, negara hukum dan hak asasi manusia, mandar maju, bandung, hlm. 3. 2el muhtaj majda, 2007, hak asasi manusia dalam konstitusi indonesia, kencana, jakarta,hlm.29. 3i dewa gede palaguna, 2013, pengaduan konstitusional (constitutional complain): upaya hukum terhadap pelanggaran hak-hak konstitusional warga negara, sinar grafika, jakarta, hlm. 43-44. 4jimly asshiddiqie, 2008, menuju negara hukum yang demokratis, konpres, jakarta, hlm. 687. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 33 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). human creativity and innovation seem to have found their place. freedom of expression can also be poured through various media, both electronic media and print media. the utilization of information technology, media, and communication has changed both the behavior of society and human civilization globally. the development of information and communication technology has also caused world relations to be borderless and caused significant social, economic, and cultural changes to take place rapidly. the internet allows individuals to share views and find objective information. although it has many positive impacts, information technology is currently a double-edged sword because, in addition to contributing to the improvement of human welfare, progress, and civilization, it is also an effective means of acts that can be considered against the law.5 according to chris garrett, social media are tools, services, and communication that facilitate relationships between people and who have the same interests or interests.6 today, social media has offered various social networking features that are attractive for all people, such as; facebook, instagram, path, line, and whatsapp. based on a survey conducted by lens indonesia, indonesia is one of the 3rd most significant social media user countries in the world, with 66.4 million users in 2014. in 2015 social media users increased to 75.84 million. this number continues to expand and reaches 84.5 million users in 2016.7 with a large number of social media users, it should be accompanied by knowledge and understanding of the use of social media. this understanding aims to make social media users more careful not to be entangled in criminal penalties. this is since a large number of social media users also results in an increasing number of cases of defamation through social media.8 this significant growth has made policymakers in indonesia begin to regulate the internet, especially by recriminalizing acts that have been handled in the criminal code. this regulation and recriminalization are manifested in law number 11 of 2008 concerning information and electronic transactions (uu ite). specifically in the law, one of the problems, mainly related to freedom of expression, is the regulation in article 27 paragraph (3) in conjunction with article 45 paragraph (1) of the ite law. this provision is considered a duplication provision, and its formulation is much more rubbery than the similar provisions in the criminal code.9 article 27 paragraph (3) of the ite law is considered to ignore the principles of the rule of law, violates the principles of people's sovereignty, violates the principle of lex certa and legal certainty, article 27 paragraph (3) of the ite law has the potential to be misused, violates the freedom of expression, opinion, spread information, and article 27 paragraph (3) has a frightening long-term effect. according to the institute for criminal justice reform, the american bar association rule of law initiative (aba roli) stated that from 2009 to 2017, there were 30 cases tried by the court where the defendants were charged with the use of article 27 paragraph (3) of the ite law.10 5barda nawawi arief, 2006, tindak pidana mayantara, jaya grafindo, jakarta, hlm. 4. 6science of social media, chris garret,diakses melalui http://www.chrisg.com/ 30 april 2019 pukul. 23.00 wib. 7http://lensaindonesia12.rssing.com/chan-36292530/all_p4.html diakses pada 22 nopember 2016 pkl. 17.04 wita30 april 2019 pukul. 23.00 wib. 8http://news.okezone.com/read/2017/01/01/338/1580516/sepanjang-2016-kasus-pencemaran-nama-baik-dipolda-metro-jaya-meningkat dikases pada 30 april 2019 pukul. 23.00 wib. 9raida l.tobing, 2010, “efektifitas undang-undang nomor 11 tahun 2008 tentang informasi dan transaksi elektronik”, laporan penelitian, badan pembina hukum nasional kementerian hukum dan ham, jakarta, hlm. 110. 10institute for criminal justice reform, 2018, menimbang ulang pasal 27 ayat (3) undang-undang nomor 11 tahun 2008 tentang informasi dan transaksi elektronik (uu ite), jakarta, hlm.15-40. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ http://www.chrisg.com/ http://lensaindonesia12.rssing.com/chan-36292530/all_p4.html http://news.okezone.com/read/2017/01/01/338/1580516/sepanjang-2016-kasus-pencemaran-nama-baik-di-polda-metro-jaya-meningkat http://news.okezone.com/read/2017/01/01/338/1580516/sepanjang-2016-kasus-pencemaran-nama-baik-di-polda-metro-jaya-meningkat 34 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). realizing to ensure the realization of legal certainty, the constitutional court issued 5 (five) decisions related to article paragraph (3) of law number 11 of 2008 concerning information and electronic transactions (uu ite)..11 the decisions are the first, the constitutional court decision number 50/puu-vi/2008,12 second, constitutional court decision number 2/puu-vii/2009,13 third, constitutional court decision number 5/puu-viii/2010,14 fourth, constitutional court decision number 31/puu-xiii/2015,15 fifth, constitutional court decision number 76/puu-xv/2017 concerning the review of law number 11 of 2008 concerning information and electronic transactions as amended by law number 19 of 2016 regarding amendments to law number 11 of 2008 concerning information and transactions electronic against the 1945 constitution of the republic of indonesia.16 after the decision of constitutional court number 76/puu-xv/2017, the phenomenon of deformation is expected to continue to increase in line with the democratic direction of the indonesian state. although, on the other hand, in a democracy, one's right to express, express opinions, and so on is free, but that does not mean that freedom is unlimited because norms limit every space. release defined by standards must also have normative limitations so that there is no tendency from various parties to use criminal law to punish someone who expresses an opinion. this becomes even more important when looking at who the criticism, comment, or expression is directed at, someone who has the status of a state official. another example of a case related to freedom of expression that ultimately led to a conviction was a civil servant (pns) named fadli rahim from gowa regency, south sulawesi, who committed defamation through the line instant messaging application against the regent of gowa, ichsan yasin. spleen. the chat history of the perpetrators in closed group lines was then spread over the internet to the regent of gowa. the perpetrators were charged with article 27 paragraph (3) of 11jimly asshiddiqie dan ahmad fadlil sumadi, 2016, putusan monumental menjawab problematika kenegaraan, setara press, malang, hlm.xxvii. 12putusan mahkamah konstitusi nomor 50/puu-vi/2008 telah ada penegasan bahwa pasal 27 ayat (3) uu merupakan delik aduan. dalam pertimbangan mahkamah konstitusi butir (3.17.1) dijelaskan, “bahwa teriepas dari pertimbangan mahkamah yang telah diuraikan dalam paragraf terdahulu, keberlakuan dan tafsir atas pasal 27 ayat (3) uu ite tidak dapat dipisahkan dari norma hukum pokok dalam pasal 310 dan pasal 311 kuhp sebagai “genus delict” yang mensyaratkan adanya pengaduan (klacht) untuk dapat dituntut, harus juga diperlukan dalam perbuatan yang dilarang dalam pasal 27 ayat (3) uu ite, sehingga pasal a quo juga harus ditafsirkan sebagai delik yang mensyaratkan pengaduan (klacht) untuk dapat dituntut di depan pengadilan”. 13permohonan ditolak karena pasal 56 ayat (1) dan pasal 60 undang-undang nomor 24 tahun 2003 tentang mahkamah konstitusi. 14menyatakan pasal 31 ayat (4) undang-undang nomor 11 tahun 2008 tentang informasi dan transaksi elektronik mengenai ketentuan lebih lanjut mengenai tata cara intersepsi/penyadapan sebagaimana dimaksud pada ayat (3) diatur dengan peraturan pemerinta bertentangan dengan undang-undang dasar negara republik indonesia tahun 1945. 15putusan ini seolah membuka kembali pentingnya kewenangan constitutional question atau pengujian norma konkret adalah suatu mekanisme pengujian konstitusionalitas undang-undang di mana seorang hakim dari mahkamah agung yang sedang mengadili suatu perkara menilai atau ragu-ragu akan konstitusionalitas undang-undang yang berlaku untuk suatu perkara, maka ia mengajukan pertanyaan konstitusional ke mahkamah konstitusi mengenai konstitusional suatu undang-undang. mahkamah konstitusi menyatakan pasal 319 kitab undang-undang hukum pidana sepanjang frasa ”kecuali berdasarkan pasal 316” bertentangan dengan undang-undang dasar negara republik indonesia tahun 1945. 16menolak permohonan para pemohon terkait pengujian pasal 45 ayat (2) undang-undang nomor 19 tahun 2016 tentang perubahan atas undangundang nomor 11 tahun 2008 tentang informasi dan transaksi elektronik terhadap undang-undang dasar negara republik indonesia tahun 1945. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 35 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). the ite law. another example is baiq nuril maknun, a temporary worker at sman 7 mataram charged with article 27 paragraph (3) of the ite law.17 defamation cases that occur often make the ite law a legal snare when in fact, the essence of the birth of the ite law is to protect transactions in the electronic sector so that the investment climate that increasingly uses sophisticated internet-based technology reduces the possibility of committing crimes such as fraud, forgery and the like based on transactions through the medium. electronic. even though it has this purpose and nature, the ite law is still often misused by parties who feel that their reputation or popularity has been harmed. this paper will try to discuss how to regulate defamation in the laws and regulations in indonesia and the criminal responsibility of perpetrators of defamation of officials after the decision of the constitutional court number 76/puu-xv/2017. discussion regulation of criminal defamation in indonesian legislation 1. reputational crimes according to the criminal code defamation is defined as defamation, slander, libel which in indonesian is translated into defamation, slander (oral), slander (written). slander is oral defamation (slander verbally), while libel is written defamation (slander in writing). in indonesian, there is no term to distinguish between slander and libel.18 meanwhile, in black's law dictionary, defamation is defined as an act that endangers the reputation of others by making false statements to third parties. if the accusation of defamation involves a matter of public concern, the plaintiff must prove his statement regarding the defendant's guilt. in common law countries, the term slander is used to designate a crime, lie, and slander made orally. meanwhile, crimes, lies, and defamatory statements made with writing or pictures are called libel. slander and libel allow for legal action, both civil and criminal, to prevent various kinds of slander and unfounded criticism. in these common law countries, defamation is defined as the public disclosure of someone's private facts that are still an open secret and spreading information that can offend people. whereas in civil law countries, defamation is more categorized as a crime that falls into the realm of criminal law.19 the reputation offense was first introduced in the statute of westminster in 1275 under the name scandalum magnatum, which stated that from now on, it is no longer allowed for people to presumptuously utter or publish false news and stories that could create conflict or possible conflict or slander between the king and his people or the people. big in this country.20 scandalum magnatum aims to create a peace process from conditions that can threaten public order rather than protect the reputation and restore the good name. the offense of importance in indonesia, the violation of the genus, can be found in chapter xvi of the criminal code on humiliation. r soesilo, in the explanation of article 310 of the criminal code, stated that insulting is attacking 17institute for criminal justice reform, 2018, korban pelecehan yang menjadi tersangka, jakarta, hlm.1-20. 18abdurrahman harits kateren, “analisis yuridis tindak pidana cybercrime dalam perbuatan pidana pencemaran nama baik ditinjau dari undang-undang nomor 8 tahun 2011 tentang informasi transaksi dan elektronik dan hukum pidana”, usu law journal, vol.6, no. 6 desember 2018. 19ari wibowo, “kebijakan kriminalisasi delik pencemaran nama baik di indonesia”, jurnal pandecta, volume 7. nomor 1. januari 2012. 20abdul wahid dan mohammad labib, 2005, kejahatan mayantara (cyber crime), pt. refika aditama, bandung, hlm. 103. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ 36 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). someone's honor and good name. those who are shot are usually embarrassed. the recognition that is attacked here is only about the benefit of a good reputation, not the honor in the sexual field or the honor that can be defamed because of being offended by the genitals in an environment of sexual lust. in principle, defamation is regulated in the criminal code, chapter xvi concerning humiliation, contained in articles 310 to 321 of the criminal code. looking at r. soesilo's explanation in article 310 of the criminal code, it can be concluded that the criminal code divides six kinds of insults. first, blasphemy in article 310 paragraph (1) of the criminal code states that anyone who intentionally damages someone's honor or good name by accusing him of committing an act with a clear intention will get the accusation spread, shall be punished for blasphemy, with a maximum imprisonment of nine months. . according to r. soesilo, to be punished according to this article, the humiliation must be carried out by accusing someone of having committed a particular act intending to make the accusation public (known to the public). the alleged action does not need to be an act that can be punished, such as stealing, embezzling, adultery, and so on. it is enough with everyday actions, of course, a shameful act. second, blasphemy with a letter in article 310 paragraph (2) of the criminal code which states that if this is done in writing or insulting with writing or pictures that are broadcast, shown to the public or posted, then the person who commits it will be punished for cursing in writing and with imprisonment for nine months long. according to r. soesilo, as explained in article 310 of the criminal code, if the accusation is made in writing (letters) or pictures, then the crime is called "blasphemy by letter." so a person can be prosecuted under this article if the accusation or insulting words are made with letters or pictures.21 third, slander in article 311 of the criminal code states that whoever commits the crime of cursing or blaspheming in writing, if he is permitted to prove his accusation if he cannot prove it and if the accusation is made. at the same time, it is known to be untrue. the punishment for slander is imprisonment for -four years. referring to r. soesilo's explanation in article 310 of the criminal code, the actions in article 310 paragraph (1) and paragraph (2) of the criminal code do not include insulting or insulting in writing (cannot be punished) if the accusation is made to defend the public interest or is forced to defend self. in this case, the judge will only examine whether it is true that the defendant has committed the insult because he is motivated to defend the public interest or defend himself if the defendant asks to be examined (article 312 of the criminal code). suppose the question of defense cannot be considered by the judge, while during the examination, it turns out that what is alleged by the defendant is not valid. in that case, the defendant is not blamed for blasphemy anymore but is subject to article 311 of the criminal code (slandering). fourth, minor insults in article 315 of the criminal code states that any intentional insult that is not like defamation or written defamation, which is committed against a person, either in public orally or in writing, or front of the person himself by word of mouth or deed, or by a letter sent or received to him shall be punished by a maximum 21r. soesilo, 2009, kitab undang-undang hukum pidana (kuhp) serta komentar-komentarnya lengkap pasal demi pasal, politeia, bogor, hlm. 230. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 37 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). imprisonment of four months and two weeks. this kind of insult is carried out in a public place in the form of insulting words. r soesilo, in the explanation of article 315 of the criminal code, states that if the insult is carried out in other ways than "accusing an act," for example, by saying "asshole" and so on, it is included in article 315 of the criminal code and is called "mild insult." this light insult can also be done by deed. according to r. soesilo, insults are carried out by acts such as spitting in the face, holding the heads of indonesians, pushing or removing indonesian caps or headbands. likewise, a poke, make, smack, go, which is persecution, but if it is done not too hard, it can also cause humiliation.22 in the criminal code, there is also a special offense of humiliation. it is contained in articles: 134, 136 bis, 137 (all three are no longer valid), 142, 142a, 143, 144, 154a, 154 and 155 (not applicable), 156, 156a, 157, 207, 208 of the criminal code. it is stated that the mention of special insults in the articles of the criminal code does not use the lex specialis indicator but is based on the general nature of the forms of humiliation. the general trait is that humiliation attacks a sense of self-worth regarding the honor and reputation of an individual or group of people. causes feelings of shame, anger, irritation, hurt, demeaning self-esteem, or groups of people. all these feelings make people uncomfortable and painful. based on the general nature of insults, the insults in these articles for any reason must be accepted as part of the forms of insults. 2. reputational crime according to law no. 19 of 2016 about information and electronic transactions regulations regarding reputation/defamation criminal offenses can be found in law number 19 of 2016 concerning amendments to law number 11 of 2008 concerning information and electronic transactions. article 27 paragraph (3) of law number 11 of 2008 regarding electronic information and transactions (uu ite 2008) states that everyone intentionally and without rights distributes and transmits and makes electronic information and electronic documents accessible, containing insults and defamation. the formulation of the article includes four essential elements, namely every person, intentionally and without rights, distributes and transmits, and makes accessible, information and electronic transactions that contain insults and defamation.23 the criminal threat for anyone who fulfills the formulation of the offense in article 27 paragraph (3) of the 2008 ite law is contained in article 45 (1), which states that anyone who meets the elements as referred to in article 27 (1), paragraph (2), paragraph ( 3) or paragraph (4) shall be sentenced to a maximum imprisonment of 6 (six) years and a maximum fine of rp. 1,000,000,000.00 (one billion rupiah). until the enactment of the 2008 ite law, many parties considered that the criminal threats formulated in the provisions of article 45 were too severe. the government finally accommodated this objection by revising several provisions in the 2008 ite law. the draft of the law on amendment to law number 11 of 2008 was signed by president joko widodo on november 25, 2016, to become law number 19 of 2016 concerning amendments to the law. -law number 11 of 2008 concerning information and electronic transactions. previously, the text of the law was ratified at the plenary meeting of the house of representatives of the republic of indonesia on october 27, 2016. the text of the law 22ibid. 23eddie sius riyadi (ed), 2010, “pidana penghinaan adalah pembatasan kemerdekaan berpendapat yang inkonstitusiona”, amicus curiae (komentar tertulis) dalam perkara pengadilan negeri tangerang nomor 1269/pid.b/2009/pn.tngkasus, lembaga studi dan advokasi masyarakat, jakarta, hlm. 30. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ 38 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). was then recorded in the state gazette of the republic of indonesia of 2016 number 251 and supplement to the state gazette number 5952 and began to be promulgated on november 25, 2016. as previously explained, there are seven essential substances in law number 19 of 2016 concerning amendments to law number 11 of 2008 concerning information and electronic transactions, namely.24 first, making changes in article 27 paragraph (3), among others: (1) adding an explanation of the term distributing, transmitting, and making electronic information accessible; (2) confirming that the provision is a complaint offense, not a general offense; (3) confirms that the criminal element in the provision refers to the provisions for defamation and slander as regulated in the criminal code. this change was made to avoid multiple interpretations of the provisions of insults and defamation. second, reduce the criminal threat to 2 (two) provisions as follows: (1) the threat of imprisonment for humiliation and defamation of a maximum of 6 (six) years to a maximum of 4 (four) years and a fine of a maximum of rp. 1 billion to a maximum of rp. 750 million; (2) the threat of imprisonment for sending electronic information containing threats of violence or intimidation for a maximum of 12 years to a maximum of 4 years and a fine of a maximum of rp. 2 billion to a maximum of rp. 750 million.25 third, adding an explanation of electronic information as legal evidence in article 5 paragraphs (1) and (2). fourth, to synchronize the law on search, confiscation, arrest, and detention procedures as regulated in article 43 paragraph (5) and (6) with the criminal procedure code (kuhap). fifth, strengthen the role of civil servant investigators (ppns) as regulated in article 43 paragraph (5) of the ite law to cut access to information technology (ict) crimes. sixth, adding the provision of "right to be forgotten" or "right to be forgotten" in article 26, namely the obligation to delete content irrelevant for electronic system organizers based on court decisions. seventh, strengthening the role of the government to prevent the dissemination of harmful content on the internet as regulated in article 40. based on this provision, the government has the authority to cut off access and order electronic system operators to terminate access to electronic information that has unlawful content. criminal acts of defamation after the decision of the constitutional court number 76/puu-xv/2017 the criminal act of defamation through electronic media cannot be separated from the role of information technology as a means of committing criminal acts. internet-based information technology has a role as a facility to express freedom of opinion and expression and facilitate the realization of other human rights. the completion of ownership such as the right to education and the right to participate in cultural life and enjoy the benefits of scientific development and its application, as well as civil and political rights, the right to freedom of association and assembly. 24muhammad reza hermanto, dkk, 2016, “revisi uu ite: era baru kebebasan bereskpresi”, update indonesia: tinjauan bulanan ekonomi, hukum, keamanan, politik dan sosial, volume x, nomor 12 desember 2016 the indonesian institute, jakarta. 25agus satory, “undang-undang informasi dan transaksi elektronik dalam perspektif sosiologi”, jurnal hukum de’rechstaat, volume 3, nomor 2, september 2017. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 39 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). the great potential and advantage of the internet lie in its unique characteristics, such as its speed, worldwide reach, and the confidentiality of its identity.26 at the same time, the power of the internet to spread information quickly and mobilize the masses has also created fear for governments and authorities. this has led to increased restrictions on internet use through the use of advanced technology to block content, monitor and identifies activists and critics, criminalize legitimate expression, and adopt specific regulations that justify restrictive measures.27 restrictions on freedom of expression are justified by the convention on civil rights and political rights but remain within strict limits. various expressions should not be criminalized, including insults in addition to acts prohibited under the international criminal law, even though the purpose of humiliation is to protect one's honor. about this problem, almost every year, the un human rights commission, in its resolutions on freedom of expression, always raises its concerns about the ongoing abuse of legal provisions on defamation and criminal libel.28 some people consider freedom of speech to be a human right. still, other people see this as a form of provocation or defamation that must be subject to certain sanctions or punishments for the perpetrators or violators. utilization of information technology causes a consequence of changing the object of a criminal act originally in the form of a person's good name or honor into electronic documents and electronic information that has a polluting content. the differences in the objects of criminal acts also result in changes in the disclosure of criminal acts of defamation through electronic media. disclosure of defamation cases must use specific methods based on telematics theory because the crime that occurred uses special techniques and uses advances in information technology.29 apart from the pros and cons, the law, through its legal products, has regulated defamation through the internet in law number 11 of 2008 concerning information and electronic transactions (ite) and its amendments, namely law number 19 of 2016 concerning amendments to law no. 11 of 2008 and also regulated in general, are handled in articles 310 and 311 of the criminal code (kuhp). the criminal act of defamation is an act that attacks the good name. assault on reputation conveys words (words or series of words/sentences) by accusing them of committing specific actions. these are aimed at the honor and good name of a person, which can cause the person's sense of self-esteem or dignity to be trashed, humiliated, or humiliated. article 27 paragraph (3) of the ite law has confirmed that the article is a complaint offense which is also supported by various constitutional court decisions number 50/puu-vi/2008, constitutional court decision number 2/puu-vii/2009, constitutional court decision number 5/puuviii/2010, constitutional court decision number 31/puu-xiii/2015 and constitutional court decision number 76/puu-xv/2017 concerning judicial review of law number 11 of 2008 concerning information and electronic transactions as amended by law -law number 19 of 2016 regarding amendments to law number 11 of 2008 regarding information and electronic transactions against the 1945 constitution of the republic of indonesia. this means 26galih puji mulyono, “kebijakan formulasi tindak pidana pencemaran nama baik dalam bidang tekhnologi informasi”, jurnal cakrawala hukum, vol.8, no.2 desember 2017. 27 frank la rue, laporan pelapor khusus pbb untuk kebebasan berpendapat dan berekspresi, dewan hak asasi manusia, sesi-17, agenda ke-3, ge.11-13201. hlm. 7 28supanto, “perkembangan kejahatan tekhnologi informasi (cyber crime) dan antisipasinya dengan penal policy”, jurnal yustisia, vol.5 no.1 januari-april 2016. 29 atven vemanda putra dan al. wisnubroto.. “eksistensi pasal 27 ayat (3) undang-undang nomor 11 tahun 2008 dalam perkara pencemaran nama baik” program studi ilmu hukum universitas atmajaya: yogyakarta diakses melalui http;//e-journal.uajy.ac.id https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ 40 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). that cases can be processed by law if there are complaints from parties who are insulted because of contamination or damage. a person's good name can essentially be judged by the person concerned (exposed to humiliation or defamation). in other words, it is the victim who can think subjectively about the content or parts of the information or electronic documents that he feels have attacked his honor or reputation. after the decision of the constitutional court, anyone can be charged with threats of insults and defamation on the internet. especially for internet users, criminal threats are formulated through article 45 paragraph (3) of law number 19 of 2016. through this provision, the perpetrators of defamation can be subject to 4 (four) years in prison and a fine of up to rp. 750,000,000. 00 (seven hundred and fifty million rupiahs). the main purpose of the presence of defamation laws is to maintain and protect one's reputation. however, in its application, care must be taken not to hinder the enjoyment of the right to freedom of expression and opinion and hinder the access of others to receive information. insan budi maulana, who learned about cyber law from the course of law number 11 of 2008 concerning information and electronic transactions (uu ite), emphasized the importance of using cyber law to solve cyberlaw problems in a civil manner, as in the united states, china, england, japan, or korea, malaysia, and singapore.30 conclusion based on the explanation above, it can be concluded that first, the regulation of criminal acts of defamation in article 310 of the criminal code book two (crime) chapter xvi concerning humiliation. there are three important notes related to defamation offenses. first, the offense is very subjective. second, defamation is a spreading offense. third, the person who commits defamation by accusing something considered to attack the good name of someone or another party must be allowed to prove the accusation. the regulations outside the criminal code are law number 32 of 2002 concerning broadcasting (broadcasting law) and law number 19 of 2016 concerning amendments to law number 11 of 2008 about information and electronic transactions (uu ite). second, the criminal act of defamation after the constitutional court decision number 50/puu-vi/2008, constitutional court decision number 2/puu-vii/2009, constitutional court decision number 5/puu-viii/2010, constitutional court decision number 31/ puu-xiii/2015, and constitutional court decision number 76/puu-xv/2017 concerning review of law number 11 of 2008 concerning information and electronic transactions as amended by law number 19 of 2016 concerning amendments to law number 11 of 2008 concerning information and electronic transactions against the 1945 constitution of the republic of indonesia is regulated in detail by first, making changes in article 27 paragraph (3) of the ite law. he was second, lowering the criminal threat in 2 (two) provisions. third, adding an explanation of electronic information as legal evidence in article 5 paragraphs (1) and 30insan budi maulana, “uu ite atau penegak hukum tanpa jiwa”, https://maulanalawfirm.com/uu-ite-atau-penegakhukum-yang-tanpa-jiwa/accest at 03 mei 2019, pukul 01.00 wib. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ https://maulanalawfirm.com/uu-ite-atau-penegak-hukum-yang-tanpa-jiwa/accest%20at%2003%20mei%202019 https://maulanalawfirm.com/uu-ite-atau-penegak-hukum-yang-tanpa-jiwa/accest%20at%2003%20mei%202019 journal of human rights, culture and legal system, volume 1, no. 1, 2021 41 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). (2). fourth, to synchronize the law on search, confiscation, arrest, and detention procedures as regulated in article 43 paragraph (5) and (6) with the criminal procedure code (kuhap). fifth, strengthen the role of civil servant investigators (ppns) as regulated in article 43 paragraph (5) of the ite law to cut access to information technology (ict) crimes. sixth, adding the provision of "right to be forgotten" seventh, strengthening the role of the government to prevent the dissemination of harmful content on the internet. references abdul wahid dan mohammad labib, 2005, kejahatan mayantara (cyber crime), pt. refika aditama, bandung. abdurrahman harits kateren, “analisis yuridis tindak pidana cybercrime dalam perbuatan pidana pencemaran nama baik ditinjau dari undang-undang nomor 8 tahun 2011 tentang informasi transaksi dan elektronik dan hukum pidana”, usu law journal, vol.6, no. 6 desember 2018. ach. tahir, 2013, cyber crime: (akar masalah, solusi, dan penanggulangannya), suka press, yogyakarta. agus satory, “undang-undang informasi dan transaksi elektronik dalam perspektif sosiologi”, jurnal hukum de’rechstaat, volume 3, nomor 2, september 2017. anggara, dkk, 2016. menimbang ulang pasal 27 ayat (3) uu ite, jakarta, icjr. ari wibowo, “kebijakan kriminalisasi delik pencemaran nama baik di indonesia”, jurnal pandecta, volume 7. nomor 1. januari 2012. atven vemanda putra dan al. wisnubroto.. “eksistensi pasal 27 ayat (3) undang-undang nomor 11 tahun 2008 dalam perkara pencemaran nama baik” program studi ilmu hukum universitas atmajaya: yogyakarta diakses melalui http;//e-journal.uajy.ac.id bahder johan nasution, 2012, negara hukum dan hak asasi manusia, mandar maju, bandung. barda nawawi arief, 2006, tindak pidana mayantara, jaya grafindo, jakarta. eddie sius riyadi (ed), 2010, “pidana penghinaan adalah pembatasan kemerdekaan berpendapat yang inkonstitusiona”, amicus curiae (komentar tertulis) dalam perkara pengadilan negeri tangerang nomor 1269/pid.b/2009/pn.tngkasus, lembaga studi dan advokasi masyarakat, jakarta. el muhtaj majda, 2007, hak asasi manusia dalam konstitusi indonesia, kencana, jakarta. frank la rue, laporan pelapor khusus pbb untuk kebebasan berpendapat dan berekspresi, dewan hak asasi manusia, sesi-17, agenda ke-3, ge.11-13201. galih puji mulyono, “kebijakan formulasi tindak pidana pencemaran nama baik dalam bidang tekhnologi informasi”, jurnal cakrawala hukum, vol.8, no.2 desember 2017. i dewa gede palaguna, 2013, pengaduan konstitusional (constitutional complain): upaya hukum terhadap pelanggaran hak-hak konstitusional warga negara, sinar grafika, jakarta. insan budi maulana, “uu ite atau penegak hukum tanpa jiwa”, https://maulanalawfirm.com/uuite-atau-penegak-hukum-yang-tanpa-jiwa/accest at 03 mei 2019, pukul 01.00 wib. institute for criminal justice reform, 2018, korban pelecehan yang menjadi tersangka, jakarta. institute for criminal justice reform, 2018, menimbang ulang pasal 27 ayat (3) undang-undang nomor 11 tahun 2008 tentang informasi dan transaksi elektronik (uu ite), jakarta. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ https://maulanalawfirm.com/uu-ite-atau-penegak-hukum-yang-tanpa-jiwa/accest%20at%2003%20mei%202019 https://maulanalawfirm.com/uu-ite-atau-penegak-hukum-yang-tanpa-jiwa/accest%20at%2003%20mei%202019 42 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.5 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). jimly asshiddiqie dan ahmad fadlil sumadi, 2016, putusan monumental menjawab problematika kenegaraan, setara press, malang. jimly asshiddiqie, 2008, menuju negara hukum yang demokratis, konpres, jakarta. muhammad reza hermanto, dkk, 2016, “revisi uu ite: era baru kebebasan bereskpresi”, update indonesia: tinjauan bulanan ekonomi, hukum, keamanan, politik dan sosial, volume x, nomor 12 desember 2016 the indonesian institute, jakarta. r. soesilo, 2009, kitab undang-undang hukum pidana (kuhp) serta komentar-komentarnya lengkap pasal demi pasal, politeia, bogor. raida l.tobing, 2010, “efektifitas undang-undang nomor 11 tahun 2008 tentang informasi dan transaksi elektronik”, laporan penelitian, badan pembina hukum nasional kementerian hukum dan ham, jakarta. supanto, “perkembangan kejahatan tekhnologi informasi (cyber crime) dan antisipasinya dengan penal policy”, jurnal yustisia, vol.5 no.1 januari-april 2016. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.5 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 1-16 1 https://doi.org/10.53955/jhcls.v3i1.75 journalhumanrightslegalsystem@gmail.com mapping restorative justice in information and electronic transaction criminal regulation devi triasari a* willy naresta hanum b viddy firmandiazc afaculty of law, university adelaide, australia. bfaculty of law, university sebelas maret, indonesia. cpublic policy university of bristol, united kingdom. *corresponding author: devi.triasari@adelaide.edu.au 1. introduction misuse of social networks, including violations of ethical standards, values, and moral norms, as well as violations of information and electronic transactions, including the dissemination of fake news or fake news, has now become an integral component of the communication process in this digital era. these infractions are frequently the result of the rapid development of technology, which enables people to communicate in a shorter amount of time.1 furthermore, many technology users are careless when gathering information, thus they fall victim to fake news distributed by fake news spreaders. recent examples that are 1 tiina malin and maiju tanskanen, ‘regional variation in sentences for child sexual abuse: an empirical study with finnish court data’, international journal of law, crime and justice, 71.november (2022), 100565 https://doi.org/10.1016/j.ijlcj.2022.100565 a r t i c l e i n f o a b s t r a c t article history received: december 25, 2022 revised: february 12, 2023 accepted: february 13, 2023 the government has issued various policies to overcome overcapacity in prisons, but the important question that needs to be asked is whether these policies have restored the rights of victims of criminal acts of information and electronic transactions. the method used in this study is a normative legal research method that examines secondary data. data collection is carried out in the form of laws and regulations, reference books, and previous studies. the results of the research show that there is a need for the urgency of the application of restorative justice in criminal acts of information and electronic transactions in indonesia and what are the obstacles to the application of restorative justice in handling cases of criminal acts of information and electronic transactions. this is an open-access article under the cc–by 4.0 license. keywords criminal; justice; restorative; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:devi.triasari@adelaide.edu.au https://doi.org/10.1016/j.ijlcj.2022.100565 https://creativecommons.org/licenses/by/4.0/ 2 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) prevalent on a global scale include news on social media that encourages hostility, particularly in religious life.2 the law enforcement in indonesia still faces a number of difficulties that must be resolved, most notably criminal charges involving information and electronic transactions offences. administrative nature, per law no. 19 of 2016, which revised law no. 11 of 2008 respecting information and electronic transactions (uu ite). however, people who conduct criminal crimes are typically punished with imprisonment. correctional institutions, a part of the criminal justice system, are burdened by this circumstance.3 data from the directorate general of corrections shows that as of 14 february 2021, 252,384 prisons consisted of detainees and convicts. currently, state prisons and detention centers only have a capacity of 135,704. this suggests that almost all criminal justice systems have mechanisms to prevent all criminal cases from being brought to court because the number of cases is too small.4 there are many cases involving law number 19 of 2016 concerning information and electronic transactions. that around january november 2020 alone, there were 4,656 cases of cybercrime. defamation is the most common case of information and electronic transaction violations, totaling 1,743 cases. furthermore, there were 1,295 cases of fraud; pornography in as many as 390 cases; illegal access in 292 cases; hate speech or sara in 209 cases; fake/fake/hoax news in as many as 189 cases; data manipulation in 160 cases and threats in 131 cases.5 currently, violations against information and electronic transactions are increasing due to increasingly sophisticated technology and the increasing number of internet and social media users from year to year. almost everyone in society has a personal mobile phone, which is always used in our daily life for communication, commerce, and business purposes. the more accessible access to the internet makes it easy for most of its users to express their opinions or even those that lead to hate speech with just a short text. this should make us more 2 susan easton, ‘not just another brick in the wall? protecting prisoners’ right to education’, international journal of law, crime and justice, 69.february (2022), 100530 https://doi.org/10.1016/j.ijlcj.2022.100530 3 branislav hock and elizabeth dávid-barrett, ‘the compliance game: legal endogeneity in anti-bribery settlement negotiations’, international journal of law, crime and justice, 71.september (2022), 1–13 https://doi.org/10.1016/j.ijlcj.2022.100560 4 zhen lin, ‘the protection of sunken wwii warships located in indonesian or malaysian territorial waters’, marine policy, 113.may 2019 (2020), 103804 https://doi.org/10.1016/j.marpol.2019.103804 5 ian d. marder, ‘mapping restorative justice and restorative practices in criminal justice in the republic of ireland’, international journal of law, crime and justice, 70.march (2022), 100544 https://doi.org/10.1016/j.ijlcj.2022.100544 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2022.100530 https://doi.org/10.1016/j.ijlcj.2022.100560 https://doi.org/10.1016/j.marpol.2019.103804 https://doi.org/10.1016/j.ijlcj.2022.100544 issn 2807-2812 journal of human rights, culture and legal system 3 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) vigilant so that cybercrime does not happen to us and our close family, friends, or co-workers.6 as an example of a case that can be seen from the pt denpasar decision number 72/pid.sus/2020/pt.dps on behalf of i gede aryastina alias jerinx, which was subject to articles 27 and 28 of the ite law, namely the case of defamation of the indonesian doctors association or idi which was imposed a sentence of 14 months in prison and a fine of rp. 10 million, a subsidiary of one month in prison. there is an irregularity where the contents of the article imposed on the suspect are articles with the theme of sara. meanwhile, after discovering what jerinx meant in his statement, he was only annoyed and wanted to invite the idi to discuss without inciting hatred. this article is also like a rubber article, and the handling of this case is unclear.7 criminal law remains preoccupied with punishing criminals and disregards compensation for victims and victims' losses. this is observed, and article 10 of the criminal code regulates the type of punishment. article 10 of the criminal code has regulated a criminal system that adheres to a retributive paradigm that seeks to compensate criminals for the crimes they have committed.8 the retributive paradigm aims to create a deterrent effect to prevent criminals from committing additional offenses and to prevent (preventative effect) individuals from committing crimes. in practice, however, applying the retributive paradigm did not restore the victims' losses and suffering. the perpetrator was found guilty and sentenced, but it was impossible to restore the victim's health. the actual capacity of the prison or detention center is approximately 100,000 individuals.9 therefore, it is necessary to pursue initiatives outside of the current criminal procedural law so that society does not rely solely on the existing procedures. nonetheless, it still brings the perpetrators to court in order to achieve justice and problem-solving, particularly for the victims who suffer the most (suffer).10 in the context of restorative justice, a settlement process is one of the proposed 6 varsolo sunio, ‘unpacking justice issues and tensions in transport system transition using multi-criteria mapping method’, transportation research part d: transport and environment, 96.may (2021), 102887 https://doi.org/10.1016/j.trd.2021.102887 7 ward berenschot and others, ‘anti-corporate activism and collusion: the contentious politics of palm oil expansion in indonesia’, geoforum, 131.july 2021 (2022), 39–49 https://doi.org/10.1016/j.geoforum.2022.03.002 8 ferry fathurokhman, ‘the necessity of restorative justice on juvenile delinquency in indonesia, lessons learned from the raju and aal cases’, procedia environmental sciences, 17 (2013), 967–75 https://doi.org/10.1016/j.proenv.2013.02.115 9 anushka singh, ‘sanction for prosecution in “offences against the state” in india: the prerogative of the political and the withdrawal of the judicial’, international journal of law, crime and justice, 69.january (2022), 100531 https://doi.org/10.1016/j.ijlcj.2022.100531 10 malin and tanskanen. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.trd.2021.102887 https://doi.org/10.1016/j.geoforum.2022.03.002 https://doi.org/10.1016/j.proenv.2013.02.115 https://doi.org/10.1016/j.ijlcj.2022.100531 4 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) solutions.11 restorative justice is an approach that emphasizes conditions to ensure justice and harmony between criminals and their victims.12 criminal justice procedures and mechanisms designed to impose sentences are transformed into dialogue and mediation processes in order to reach a consensus on a more equitable and balanced resolution of criminal cases for victims and offenders.13 restorative justice means restoring justice, but in this context it has a broader meaning than what is commonly known in the criminal justice system as reparations or compensation for victims.14 research on the settlement of information and electronic transaction crimes has been carried out for a long time. most consider the settlement of information and electronic transaction crimes from only one perspective, namely with a retributive punishment system, such as research by hasan abdul gani and andika wahyudi gani (2019) and s saharudin (2018) which is still based on the ite law no.11 of 2008 and law no.19 of 2016. however, few studies comprehensively establish restorative justice in settlement of criminal information and electronic transactions. therefore, this research will discuss how restorative justice can be used as an alternative way to overcome the overcapacity of correctional institutions. looking at previous studies, not much has discussed restorative justice as a model or principle of settlement of criminal information and electronic transactions.15 based on the context of the aforementioned issues, the problem of law enforcement against crimes utilizing restorative justice is intriguing and crucial to investigate in depth because the restorative justice approach is a current trend in the criminal justice system. in addition, the author wishes to investigate "the urgency of implementing restorative justice in settlement of information crimes and electronic transactions." the formulation of the problem can be derived from the context of the aforementioned article, namely, what is the urgency of implementing restorative justice in criminal information and electronic transactions, and what are the barriers to implementing restorative justice in case handling in electronic information and transactions. 11 michael c. gearhart, ‘social cohesion, mutual efficacy and informal social control: collective efficacy and community-based crime prevention’, international journal of law, crime and justice, 71.july (2022), 100548 https://doi.org/10.1016/j.ijlcj.2022.100548 12 khudzaifah dimyati and others, ‘indonesia as a legal welfare state: a prophetictranscendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 13 rini astuti and others, ‘making illegality visible: the governance dilemmas created by visualising illegal palm oil plantations in central kalimantan, indonesia’, land use policy, 114 (2022), 105942 https://doi.org/10.1016/j.landusepol.2021.105942 14 phuong ngoc pham, patrick vinck, and harvey m. weinstein, ‘human rights, transitional justice, public health and social reconstruction’, social science and medicine, 70.1 (2010), 98–105 https://doi.org/10.1016/j.socscimed.2009.09.039 15 darren mccauley and raphael heffron, ‘just transition: integrating climate, energy and environmental justice’, energy policy, 119.april (2018), 1–7 https://doi.org/10.1016/j.enpol.2018.04.014 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2022.100548 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.1016/j.landusepol.2021.105942 https://doi.org/10.1016/j.socscimed.2009.09.039 https://doi.org/10.1016/j.enpol.2018.04.014 issn 2807-2812 journal of human rights, culture and legal system 5 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) 2. research method the research method used by researchers in this paper is the normative law research method. normative legal research is legal research conducted by examining library materials or secondary data.16 the secondary data is from laws and regulations, reference books, and previous studies.17 the approach used is the statutory and case approach. the statutory approach examines all laws and regulations related to the legal issues being handled.18 a case approach studies cases related to the issues at hand that have become court decisions that have permanent force. this approach is used to look at cases of ite crimes that are still happening today so that solutions can be found based on the national police circular number: se/2/11/2021 concerning ethical cultural awareness by prioritizing the concept of restorative justice.19 3. results and discussion the urgency of implementing restorative justice indonesia adheres to a retributive punishment system, namely a criminal justice system with a focus on sentencing as a form of retribution for the perpetrator's actions and as a means of preventing similar crimes. in indonesia, however, the system of retributive punishment does not play a significant role in reducing crime. there may be as many as 35,044 repeat offenders by 2020, or approximately 12.96%.20 the concept of restorative justice concerns the accountability of perpetrators to victims, their families, and their surroundings which are carried out in out-of-court proceedings. one form of case that restorative justice can resolve is the crime of ite.21 perpetrators and victims are brought together to express opinions and solve problems by prioritizing deliberation to reach a 16 mohammad jamin and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 17 fitri nur, aini prasetyo, and abdul kadir jaelani, ‘the changing of environmental approval administrative law perspective’, journal of human rights, culture and legal system, 2.3 (2022), 191– 208 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 18 taufik hidayat, resti dian, and suviwat jenvitchuwong, ‘disharmonization of supreme court regulations in material judicial rights’, journal of human rights, culture and legal system, 2.3 (2022), 149–66 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.34 19 rian saputra, m zaid, and silaas oghenemaro, ‘the court online content moderation : a constitutional framework’, journal of human rights, culture and legal system, 2.3 (2022), 139–48 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.54 20 theresia b. sumarno, parulian sihotang, and widhyawan prawiraatmadja, ‘exploring indonesia’s energy policy failures through the just framework’, energy policy, 164.march (2022), 112914 https://doi.org/10.1016/j.enpol.2022.112914 21 ritesh shah and mieke lopes cardozo, ‘education and social change in post-conflict and post-disaster aceh, indonesia’, international journal of educational development, 38 (2014), 2–12 https://doi.org/10.1016/j.ijedudev.2014.06.005 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.34 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.54 https://doi.org/10.1016/j.enpol.2022.112914 https://doi.org/10.1016/j.ijedudev.2014.06.005 6 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) consensus in the digital era like today.22 many cases involving law no. 19 of 2016 concerning information and electronic transactions (uu ite), such as defamation, sara issues, and divisive issues. graph 1. cyber crime cases january-november 2021 source: data from the directorate of cyber crime based on this reality, law enforcers in indonesia make discretion regarding restorative justice where the regulation regulates deliberative policies for consensus in settlement of ite crimes. the national police issued a discretion in the form of a police circular number: se/2/11/2021 concerning ethical cultural awareness to create a clean, healthy, and productive indonesian digital space as explained in a circular letter, the national police have the principle that criminal law settlement is the last solution in law enforcement and must prioritize restorative justice in every case regarding alleged violations of information and electronic transactions.23 in addition, the national police also explained that the victim wanted the case to be brought to court. however, the suspect was aware and apologized, so the suspect could not be detained. before the file was submitted to the public prosecutor, the victim and perpetrator were given room for discussion again.24 the attorney general also issued a discretion in the form of the attorney general's regulation of the republic of indonesia number 15 of 2020 concerning termination of prosecution based on restorative justice which discusses the 22 jatau t. sharon, emuze a. fidelis, and smallwood j. john, ‘a comparative study of management safety justice in sub-sahara africa’, safety science, 155.july (2022), 105891 https://doi.org/10.1016/j.ssci.2022.105891 23 elisabeth kramer and claudia stoicescu, ‘an uphill battle: a case example of government policy and activist dissent on the death penalty for drug-related offences in indonesia’, international journal of drug policy, 92 (2021), 103265 https://doi.org/10.1016/j.drugpo.2021.103265 24 dirham dirhamsyah, saiful umam, and zainal arifin, ‘maritime law enforcement: indonesia’s experience against illegal fishing’, ocean and coastal management, 229.july (2022), 106304 https://doi.org/10.1016/j.ocecoaman.2022.106304 1.743 1.295 390 292 209 189 160 131 0 200 400 600 800 1.000 1.200 1.400 1.600 1.800 2.000 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ssci.2022.105891 https://doi.org/10.1016/j.drugpo.2021.103265 https://doi.org/10.1016/j.ocecoaman.2022.106304 issn 2807-2812 journal of human rights, culture and legal system 7 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) renewal of the criminal justice system with a model of solving criminal cases that prioritizes restorative justice which emphasizes restoring the situation and balancing the protection and interests of the victim. for perpetrators of ite crimes, law enforcement is carried out without being oriented toward revenge.25 however, some of these policies required proper implementation. this is evident in the case of i gede ari astina, also known as jerinx sid and assigned the case number 796/pid.sus/2021/pn jkt.pst. jerinx's accusations against adam deni initiated the jerinx case. jerinx apologized and admitted his actions during mediation, and adam deni forgave him. jerinx, accompanied by his attorney gde manik yogiartha, pleaded with the victim for peace, but the legal proceedings continue. based on the central jakarta district court's case tracing information system (sipp), jerinx was sentenced to imprisonment for one fine of rp. 25.000.000,(twenty-five million rupiah). 26 this is contrary to the national police circular letter number: se/2/11/2021 and the attorney general's office of the republic of indonesia number 15 of 2020, which state that the victim desires that his case be brought before a judge. however, the suspect is conscious and apologizes, so detention cannot be carried out.27 the final solution in law enforcement is the principle of criminal law settlement, which prioritizes restorative justice, which focuses on restoring the situation and balancing the protection and interests of victims in criminal information and electronic transactions. restorative justice has not been widely implemented in cases of ite crimes in indonesia, as evidenced by the large number of convictions for ite crimes, such as the following.28 table 1 cases of criminal offenses against ite no decision number name district court article charged type verdict 1 828/pid.sus/20 20/pn dps jerinx sid denpasar, bali articles 27 and 28 of the ite. defamation of the indonesian doctors association imprisonme nt for 14 months and a fine of idr 10 million, a 25 andrzej geise and nurul bariyah, ‘impact of institutional determinants on income inequalities in indonesia during the era reformasi’, journal of asian economics, 82.november 2021 (2022), 0–1 https://doi.org/10.1016/j.asieco.2022.101526 26 luca tacconi, rafael j. rodrigues, and ahmad maryudi, ‘law enforcement and deforestation: lessons for indonesia from brazil’, forest policy and economics, 108.june (2019), 101943 https://doi.org/10.1016/j.forpol.2019.05.029 27 jahyun chun, ‘enforced reconciliation without justice: the absence of procedural, retributive, and restorative justice in the “comfort women” agreement of 2015’, asian journal of social science, 49.2 (2021), 84–92 https://doi.org/10.1016/j.ajss.2020.09.001 28 mairon g. bastos lima, ‘just transition towards a bioeconomy: four dimensions in brazil, india and indonesia’, forest policy and economics, 136.january (2022), 102684 https://doi.org/10.1016/j.forpol.2021.102684 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.asieco.2022.101526 https://doi.org/10.1016/j.forpol.2019.05.029 https://doi.org/10.1016/j.ajss.2020.09.001 https://doi.org/10.1016/j.forpol.2021.102684 8 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) or idi. subsidiary of one month in prison 2 46/pid.sus/202 1/pn plp muhammad asrul(jurnalis) palopo, south sulawesi article 27 paragraph 3 of the ite. defamation imprisonmen t for 3 months 3 49/pid.sus/202 0/pn lbo farid kiba alias farid limboto article 45 paragraph (3) jo article 27 paragraph (3) ri law no. 19 of 2016 concerning changes to law no. 11 of 2008 concerning ite defamation imprisonme nt for 4 (four) months 4 1327/pid.sus/2 019/pn jkt.sel pablo putra benua south jakarta article 27 paragraph (1), paragraph 3 juncto article 45 paragraph (1) of the ite law, article 310, and article 311 of the criminal code. defamation imprisonme nt for 1 year and 8 months 5 1327/pid.sus/2 019/pn jkt.sel rayie utami alias rey utami south jakarta article 27 paragraph (1), paragraph 3 juncto article 45 paragraph (1) of the ite law, article 310, and article 311 of the criminal code. defamation imprisonme nt for 1 year 4 months 6 1327/pid.sus/2 019/pn jkt.sel galih ginanjar saputra south jakarta article 27 paragraph (1), paragraph 3 juncto article 45 paragraph (1) of the ite law, article 310, and article 311 of the criminal code. defamation imprisonme nt for 2 years and 4 months source: supreme court decision directory data the data shows that there are still many cases of criminal prosecution of ite crimes after the issuance of the national police circular number: se/2/11/2021 and the prosecutor's office regulation of the republic of indonesia number 15 of 2020 concerning termination of prosecution based on restorative justice. this shows https://www.jhcls.org/index.php/jhcls issn 2807-2812 journal of human rights, culture and legal system 9 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) the urgency of revising the ite law to protect people's rights, not public order.29 there are many cases of abuse of articles in the ite law, for example, in the treason article. as of december 2021, 26 people in maluku and papua have been detained on treason charges for peacefully expressing their opinions. freedom of opinion can also be silenced under the ite law. for example, around seven students from sebelas maret university (uns), solo, were arrested by the police and taken to the solo police headquarters after unfurling several posters when jokowi passed in front of the uns campus. the restorative justice approach already exists in the criminal justice system according to customary law in force in various countries, including indonesia.30 the customary law in indonesia prioritizes solving problems by deliberation to reach a consensus. even though this method is traditional and old-fashioned, it can solve the problem of punishment in indonesia. apart from that, the implementation of restorative justice in indonesia can also reduce the problem of overcrowding in prisons which is a severe problem, by emphasizing the efficiency of correctional institutions (lapas). according to data from the directorate general of corrections of the ministry of law and human rights of the republic of indonesia (kemenkumham) as of 12 september 2021, the capacity of prisons in 33 regional offices (lkkanwil) is for 134,835 thousand people. however, the number of residents reaches 271,007 people.31 this means that there is an overcapacity of 136,173 prison inmates, or double the total (101%). (kusnandar, 2021) moreover, with the rise of ite crime cases, especially in dki jakarta, even though the data obtained from the ministry of law and human rights, excess prisons also occur in dki jakarta prisons with an overcapacity of 198.71%. the capacity of prisons in the capital city is 5,992 people, but it has a population of 17,899 people.32 in addition to alleviating the problem of overcrowding in correctional institutions, the urgency of implementing a restorative justice approach in resolving ite crimes is to expedite the accountability of perpetrators to victims using indonesian customary law, namely deliberation for consensus.33 in addition, national police circular letter number: se/2/11/2021 on ethical cultural 29 hwian christianto, ‘measuring cyber pornography based on indonesian living law: a study of current law finding method’, international journal of law, crime and justice, 60.october 2017 (2020), 100348 https://doi.org/10.1016/j.ijlcj.2019.100348 30 leonid lichman and others, ‘principle of reasonableness in international standards of civil proceedings’, international journal of law, crime and justice, 69.january (2022), 100529 https://doi.org/10.1016/j.ijlcj.2022.100529 31 easton. 32 garth den heyer, ‘evidence-based policing: a review of its adoption and use by police agencies in the united states of america’, international journal of law, crime and justice, 69.september 2021 (2022), 100532 https://doi.org/10.1016/j.ijlcj.2022.100532 33 jonathan hobson and brian payne, ‘building restorative justice services: considerations on top-down and bottom-up approaches’, international journal of law, crime and justice, 71.september (2022), 100555 https://doi.org/10.1016/j.ijlcj.2022.100555 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2019.100348 https://doi.org/10.1016/j.ijlcj.2022.100529 https://doi.org/10.1016/j.ijlcj.2022.100532 https://doi.org/10.1016/j.ijlcj.2022.100555 10 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) awareness aims to create a clean, healthy, and productive indonesian digital space, and the republic of indonesia prosecutor's office regulation number 15 of 2020 on termination of prosecution based on restorative justice has the principle that settlement criminal law is the final solution in law enforcement by prioritizing restorative justice, which emphasizes restorative justice.34 the mapping restorative justice in information and electronic transaction criminal regulation implementing restorative justice in information and electronic transaction (ite) crimes in indonesia still encounters many obstacles. many factors can become obstacles in implementing restorative justice, including the following. first, there often needs to be an agreement. in restorative justice, an agreement between parties is the main thing that determines the success of this method. however, in practice, agreements are often only reached by some parties. this can be caused because the perpetrator feels innocent about his actions.35 the admission of guilt from the perpetrators of crimes is a prerequisite for restorative justice. with a confession from the person who committed the crime, the desired method of solving the problem will be more straightforward. accepting and acknowledging mistakes is part of an effort to accept responsibility for the actions committed. in restorative justice, the perpetrator must be fully responsive so that the perpetrator is expected to realize his mistake. it is expected that victims will receive appropriate compensation that has been mutually agreed upon with the perpetrators in order to compensate for losses and alleviate suffering.36 it turns out that this problematic agreement can also be caused by the victim being challenging to consult. this happens because of a lack of understanding, and the victim only wants to defend his opinion. this case makes it difficult for investigators to find loopholes to apply restorative justice methods.37 one of the essential concepts in restorative justice is deliberation. in resolving disputes, the restorative justice method is based on consensus deliberation in which the parties are asked to compromise to reach an agreement. in this case, the main elements of 34 jan maarten elbers and others, ‘the effects of reward systems in prison: a systematic review’, international journal of law, crime and justice, 71.july (2022), 100556 https://doi.org/10.1016/j.ijlcj.2022.100556 35 tun xu, ling tang, and xifen lin, ‘the predictors of decisions to grant parole in china: evidence from four prisons in z province’, international journal of law, crime and justice, 71.1954 (2022), 100557 https://doi.org/10.1016/j.ijlcj.2022.100557 36 tamara walsh, eashwar alagappan, and lucy cornwell, ‘coroners’ perspectives on deaths in custody in australia’, international journal of law, crime and justice, 71.january (2022), 100558 https://doi.org/10.1016/j.ijlcj.2022.100558 37 bencan li and junxia liu, ‘research of corporate compliance in china: review and reflections’, international journal of law, crime and justice, 71.august (2022), 100559 https://doi.org/10.1016/j.ijlcj.2022.100559 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2022.100556 https://doi.org/10.1016/j.ijlcj.2022.100557 https://doi.org/10.1016/j.ijlcj.2022.100558 https://doi.org/10.1016/j.ijlcj.2022.100559 issn 2807-2812 journal of human rights, culture and legal system 11 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) restorative justice are the willingness and participation of victims, perpetrators, and society in improving crimes that have occurred.38 the second, the community has not received restorative justice. some people in the community have not received restorative justice, hindering the application of this method to ite crimes. society considers this method a new thing. actually the concept of restorative justice is a form of customary law that has long ago developed in indonesian society.39 in addition, because they are used to the retributive justice method, there is a view from the public that they are worried that this method could cause the victim's family to feel like retaliating for what the perpetrator had done. this is because the victim feels that restorative justice will only release the perpetrator from responsibility for his actions.40 the government needs to hold further outreach to the public regarding restorative justice. this is done so that the opposing views of the community towards this method can be reduced. in addition, the community also needs to be invited to participate in settlement of ite crimes that are being carried out using this method. participation from the community will make it easier for them to understand the fundamental concepts contained in the restorative justice method.41 thirdly, law enforcement officers continue to be accustomed to retributive justice. each law enforcement officer, such as investigators, prosecutors, and judges, has frequently divergent opinions, which is one of the obstacles to implementing restorative justice in ite crimes. this method of restorative justice requires further coordination from the law enforcement officers who will handle the case in order to be effective. to date, law enforcement officials have adhered to positivism, focusing solely on written rules. on the other hand, law enforcement officers are frequently stuck in their old way of thinking and continue to employ a retributive justice approach. this is another factor that inhibits the application of restorative justice to ite crimes.42 fourth, the legal factor of restorative justice. the national police circular letter number: se/2/11/2021 concerning ethical cultural awareness to create a clean, healthy, and productive indonesian digital space, mandates that in cases involving alleged violations of the ite law, settlement of criminal law is the final 38 hock and dávid-barrett. 39 marc salat, ‘human trafficking in spain: a quantitative case-law analysis’, international journal of law, crime and justice, 71.february (2022), 100561 https://doi.org/10.1016/j.ijlcj.2022.100561 40 jian zhang, ke li, and yang feng, ‘criminal sanctions on identity theft in shanghai: an empirical case law analysis’, international journal of law, crime and justice, 71.51 (2022), 1–13 https://doi.org/10.1016/j.ijlcj.2022.100562 41 sufyan droubi, raphael j. heffron, and darren mccauley, ‘a critical review of energy democracy: a failure to deliver justice?’, energy research and social science, 86.december 2021 (2022), 102444 https://doi.org/10.1016/j.erss.2021.102444 42 siti nurbayani, moh dede, and millary agung widiawaty, ‘utilizing library repository for sexual harassment study in indonesia: a systematic literature review’, heliyon, 8.8 (2022), e10194 https://doi.org/10.1016/j.heliyon.2022.e10194 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2022.100561 https://doi.org/10.1016/j.ijlcj.2022.100562 https://doi.org/10.1016/j.erss.2021.102444 https://doi.org/10.1016/j.heliyon.2022.e10194 12 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) solution in law enforcement and must prioritize restorative justice.43 however, law enforcers who have yet to implement this have yet to receive sanctions or punishments. this resulted in the need to consider including the rules for implementing restorative justice into the law. later it is hoped that this law will regulate restorative justice in more detail, clearly, and strictly.44 4. conclusion based on the preceding discussion, the following conclusion can be drawn: first, the urgency of implementing restorative justice in the ite case stems from the overcrowding of correctional institutions and the need to streamline the accountability of perpetrators to victims using the deliberation method to reach a consensus. second, it turns out that the application of restorative justice in ite cases faces many obstacles, including the fact that there is frequently no agreement, the community has not received restorative justice, law enforcement officers are still accustomed to retributive justice, and the legal aspects of this method. references astuti, rini, michelle ann miller, andrew mcgregor, m. dedy pratama sukmara, wiko saputra, sulistyanto, and others, ‘making illegality visible: the governance dilemmas created by visualising illegal palm oil plantations in central kalimantan, indonesia’, land use policy, 114 (2022), 105942 https://doi.org/10.1016/j.landusepol.2021.105942 bastos lima, mairon g., ‘just transition towards a bioeconomy: four dimensions in brazil, india and indonesia’, forest policy and economics, 136.january (2022), 102684 https://doi.org/10.1016/j.forpol.2021.102684 berenschot, ward, ahmad dhiaulhaq, afrizal, otto hospes, rebekha adriana, and erysa poetry, ‘anti-corporate activism and collusion: the contentious politics of palm oil expansion in indonesia’, geoforum, 131.july 2021 (2022), 39–49 https://doi.org/10.1016/j.geoforum.2022.03.002 christianto, hwian, ‘measuring cyber pornography based on indonesian living law: a study of current law finding method’, international journal of law, crime and justice, 60.october 2017 (2020), 100348 https://doi.org/10.1016/j.ijlcj.2019.100348 chun, jahyun, ‘enforced reconciliation without justice: the absence of 43 ade paranata, ‘the miracle of anti-corruption efforts and regional fiscal independence in plugging budget leakage: evidence from western and eastern indonesia’, heliyon, 8.10 (2022), e11153 https://doi.org/10.1016/j.heliyon.2022.e11153 44 eny kusdarini and others, ‘roles of justice courts: settlement of general election administrative disputes in indonesia’, heliyon, 8.12 (2022), e11932 https://doi.org/10.1016/j.heliyon.2022.e11932 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.landusepol.2021.105942 https://doi.org/10.1016/j.forpol.2021.102684 https://doi.org/10.1016/j.geoforum.2022.03.002 https://doi.org/10.1016/j.ijlcj.2019.100348 https://doi.org/10.1016/j.heliyon.2022.e11153 https://doi.org/10.1016/j.heliyon.2022.e11932 issn 2807-2812 journal of human rights, culture and legal system 13 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) procedural, retributive, and restorative justice in the “comfort women” agreement of 2015’, asian journal of social science, 49.2 (2021), 84–92 https://doi.org/10.1016/j.ajss.2020.09.001 dimyati, khudzaifah, haedar nashir, elviandri elviandri, absori absori, kelik wardiono, and arief budiono, ‘indonesia as a legal welfare state: a prophetic-transcendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 dirhamsyah, dirham, saiful umam, and zainal arifin, ‘maritime law enforcement: indonesia’s experience against illegal fishing’, ocean and coastal management, 229.july (2022), 106304 https://doi.org/10.1016/j.ocecoaman.2022.106304 droubi, sufyan, raphael j. heffron, and darren mccauley, ‘a critical review of energy democracy: a failure to deliver justice?’, energy research and social science, 86.december 2021 (2022), 102444 https://doi.org/10.1016/j.erss.2021.102444 easton, susan, ‘not just another brick in the wall? protecting prisoners’ right to education’, international journal of law, crime and justice, 69.february (2022), 100530 https://doi.org/10.1016/j.ijlcj.2022.100530 elbers, jan maarten, esther f.j.c. van ginneken, paul nieuwbeerta, miranda boone, and hanneke palmen, ‘the effects of reward systems in prison: a systematic review’, international journal of law, crime and justice, 71.july (2022), 100556 https://doi.org/10.1016/j.ijlcj.2022.100556 fathurokhman, ferry, ‘the necessity of restorative justice on juvenile delinquency in indonesia, lessons learned from the raju and aal cases’, procedia environmental sciences, 17 (2013), 967–75 https://doi.org/10.1016/j.proenv.2013.02.115 gearhart, michael c., ‘social cohesion, mutual efficacy and informal social control: collective efficacy and community-based crime prevention’, international journal of law, crime and justice, 71.july (2022), 100548 https://doi.org/10.1016/j.ijlcj.2022.100548 geise, andrzej, and nurul bariyah, ‘impact of institutional determinants on income inequalities in indonesia during the era reformasi’, journal of asian economics, 82.november 2021 (2022), 0–1 https://doi.org/10.1016/j.asieco.2022.101526 den heyer, garth, ‘evidence-based policing: a review of its adoption and use by police agencies in the united states of america’, international journal of law, crime and justice, 69.september 2021 (2022), 100532 https://doi.org/10.1016/j.ijlcj.2022.100532 hidayat, taufik, resti dian, and suviwat jenvitchuwong, ‘disharmonization of supreme court regulations in material judicial rights’, journal of human rights, culture and legal system, 2.3 (2022), 149–66 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.34 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ajss.2020.09.001 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.1016/j.ocecoaman.2022.106304 https://doi.org/10.1016/j.erss.2021.102444 https://doi.org/10.1016/j.ijlcj.2022.100530 https://doi.org/10.1016/j.ijlcj.2022.100556 https://doi.org/10.1016/j.proenv.2013.02.115 https://doi.org/10.1016/j.ijlcj.2022.100548 https://doi.org/10.1016/j.asieco.2022.101526 https://doi.org/10.1016/j.ijlcj.2022.100532 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.34 14 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) hobson, jonathan, and brian payne, ‘building restorative justice services: considerations on top-down and bottom-up approaches’, international journal of law, crime and justice, 71.september (2022), 100555 https://doi.org/10.1016/j.ijlcj.2022.100555 hock, branislav, and elizabeth dávid-barrett, ‘the compliance game: legal endogeneity in anti-bribery settlement negotiations’, international journal of law, crime and justice, 71.september (2022), 1–13 https://doi.org/10.1016/j.ijlcj.2022.100560 jamin, mohammad, and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 kramer, elisabeth, and claudia stoicescu, ‘an uphill battle: a case example of government policy and activist dissent on the death penalty for drugrelated offences in indonesia’, international journal of drug policy, 92 (2021), 103265 https://doi.org/10.1016/j.drugpo.2021.103265 kusdarini, eny, anang priyanto, sri hartini, and suripno suripno, ‘roles of justice courts: settlement of general election administrative disputes in indonesia’, heliyon, 8.12 (2022), e11932 https://doi.org/10.1016/j.heliyon.2022.e11932 li, bencan, and junxia liu, ‘research of corporate compliance in china: review and reflections’, international journal of law, crime and justice, 71.august (2022), 100559 https://doi.org/10.1016/j.ijlcj.2022.100559 lichman, leonid, andrii dryshliuk, maksym murzenko, and valeriia boiko, ‘principle of reasonableness in international standards of civil proceedings’, international journal of law, crime and justice, 69.january (2022), 100529 https://doi.org/10.1016/j.ijlcj.2022.100529 lin, zhen, ‘the protection of sunken wwii warships located in indonesian or malaysian territorial waters’, marine policy, 113.may 2019 (2020), 103804 https://doi.org/10.1016/j.marpol.2019.103804 malin, tiina, and maiju tanskanen, ‘regional variation in sentences for child sexual abuse: an empirical study with finnish court data’, international journal of law, crime and justice, 71.november (2022), 100565 https://doi.org/10.1016/j.ijlcj.2022.100565 marder, ian d., ‘mapping restorative justice and restorative practices in criminal justice in the republic of ireland’, international journal of law, crime and justice, 70.march (2022), 100544 https://doi.org/10.1016/j.ijlcj.2022.100544 mccauley, darren, and raphael heffron, ‘just transition: integrating climate, energy and environmental justice’, energy policy, 119.april (2018), 1–7 https://doi.org/10.1016/j.enpol.2018.04.014 nur, fitri, aini prasetyo, and abdul kadir jaelani, ‘the changing of environmental approval administrative law perspective’, journal of human rights, culture and legal system, 2.3 (2022), 191–208 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2022.100555 https://doi.org/10.1016/j.ijlcj.2022.100560 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/10.1016/j.drugpo.2021.103265 https://doi.org/10.1016/j.heliyon.2022.e11932 https://doi.org/10.1016/j.ijlcj.2022.100559 https://doi.org/10.1016/j.ijlcj.2022.100529 https://doi.org/10.1016/j.marpol.2019.103804 https://doi.org/10.1016/j.ijlcj.2022.100565 https://doi.org/10.1016/j.ijlcj.2022.100544 https://doi.org/10.1016/j.enpol.2018.04.014 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 issn 2807-2812 journal of human rights, culture and legal system 15 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) nurbayani, siti, moh dede, and millary agung widiawaty, ‘utilizing library repository for sexual harassment study in indonesia: a systematic literature review’, heliyon, 8.8 (2022), e10194 https://doi.org/10.1016/j.heliyon.2022.e10194 paranata, ade, ‘the miracle of anti-corruption efforts and regional fiscal independence in plugging budget leakage: evidence from western and eastern indonesia’, heliyon, 8.10 (2022), e11153 https://doi.org/10.1016/j.heliyon.2022.e11153 pham, phuong ngoc, patrick vinck, and harvey m. weinstein, ‘human rights, transitional justice, public health and social reconstruction’, social science and medicine, 70.1 (2010), 98–105 https://doi.org/10.1016/j.socscimed.2009.09.039 salat, marc, ‘human trafficking in spain: a quantitative case-law analysis’, international journal of law, crime and justice, 71.february (2022), 100561 https://doi.org/10.1016/j.ijlcj.2022.100561 saputra, rian, m zaid, and silaas oghenemaro, ‘the court online content moderation : a constitutional framework’, journal of human rights, culture and legal system, 2.3 (2022), 139–48 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.54 shah, ritesh, and mieke lopes cardozo, ‘education and social change in postconflict and post-disaster aceh, indonesia’, international journal of educational development, 38 (2014), 2–12 https://doi.org/10.1016/j.ijedudev.2014.06.005 sharon, jatau t., emuze a. fidelis, and smallwood j. john, ‘a comparative study of management safety justice in sub-sahara africa’, safety science, 155.july (2022), 105891 https://doi.org/10.1016/j.ssci.2022.105891 singh, anushka, ‘sanction for prosecution in “offences against the state” in india: the prerogative of the political and the withdrawal of the judicial’, international journal of law, crime and justice, 69.january (2022), 100531 https://doi.org/10.1016/j.ijlcj.2022.100531 sumarno, theresia b., parulian sihotang, and widhyawan prawiraatmadja, ‘exploring indonesia’s energy policy failures through the just framework’, energy policy, 164.march (2022), 112914 https://doi.org/10.1016/j.enpol.2022.112914 sunio, varsolo, ‘unpacking justice issues and tensions in transport system transition using multi-criteria mapping method’, transportation research part d: transport and environment, 96.may (2021), 102887 https://doi.org/10.1016/j.trd.2021.102887 tacconi, luca, rafael j. rodrigues, and ahmad maryudi, ‘law enforcement and deforestation: lessons for indonesia from brazil’, forest policy and economics, 108.june (2019), 101943 https://doi.org/10.1016/j.forpol.2019.05.029 walsh, tamara, eashwar alagappan, and lucy cornwell, ‘coroners’ perspectives on deaths in custody in australia’, international journal of law, crime and https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2022.e10194 https://doi.org/10.1016/j.heliyon.2022.e11153 https://doi.org/10.1016/j.socscimed.2009.09.039 https://doi.org/10.1016/j.ijlcj.2022.100561 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.54 https://doi.org/10.1016/j.ijedudev.2014.06.005 https://doi.org/10.1016/j.ssci.2022.105891 https://doi.org/10.1016/j.ijlcj.2022.100531 https://doi.org/10.1016/j.enpol.2022.112914 https://doi.org/10.1016/j.trd.2021.102887 https://doi.org/10.1016/j.forpol.2019.05.029 16 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 1-16 devi triasari, et.al, (mapping restorative justice …) justice, 71.january (2022), 100558 https://doi.org/10.1016/j.ijlcj.2022.100558 xu, tun, ling tang, and xifen lin, ‘the predictors of decisions to grant parole in china: evidence from four prisons in z province’, international journal of law, crime and justice, 71.1954 (2022), 100557 https://doi.org/10.1016/j.ijlcj.2022.100557 zhang, jian, ke li, and yang feng, ‘criminal sanctions on identity theft in shanghai: an empirical case law analysis’, international journal of law, crime and justice, 71.51 (2022), 1–13 https://doi.org/10.1016/j.ijlcj.2022.100562 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2022.100558 https://doi.org/10.1016/j.ijlcj.2022.100557 https://doi.org/10.1016/j.ijlcj.2022.100562 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 209-224 209 https://doi.org/10.53955/jhcls.v2i3.40 journalhumanrightslegalsystem@gmail.com legality of endsars protest: a quest for democracy in nigeria paul atagamen aidonojie a,*, oluwaseye oluwayomi ikubanni b, alade adeniyi oyebadeb a first edo state university uzairue, edo state, nigeria b joseph ayo babalola university, ikeji-arakeji, osun state, nigeria * corresponding author: aidonojie.paul@edouniversity.edu.ng 1. introduction the police force is one of the key elements central to the protection of the lives and properties of the people and maintenance of the internal peace.1 the importance of the police force in a democratic society increases with the increase in the heterogeneity of society.2 in nigeria, as the spate of crimes associated with 1 danielle watson, police and the policed: language and power relations on the margins of the global south (springer, 2018) https://doi.org/10.1007/978-3-030-00883-3 2 james russell mcdonald, ‘developing a peace course in police studies: how a culture of peace can enhance police legitimacy in a democratic society’, journal of peace education, 12.1 (2015), 74–91 https://doi.org/10.1080/17400201.2014.948412 a r t i c l e i n f o a b s t r a c t article history received: july 02, 2022 revised: november 11, 2022 accepted: november 18, 2022 an essential hallmark of a democratic society is a statutory institution responsible for protecting (human rights) the lives, properties, and catering to its people's needs. however, in nigeria, there has been an incessant abuse of its citizens' rights by the special anti-robbery squad (sars) and complaints of low sustainable development, which had trigger the endsars protest. hence, this study's essence is to ascertain the reason for the endsars protest and how to salvage the protest. given this, the study used an online survey questionnaire sent to 363 respondents (randomly selected) residing in the various state of the federal republic of nigeria. descriptive and analytical statistics were used to analyse 363 respondents’ responses to the questions. the study found that the reason for the endsars protest is police brutality and poor sustainable development. the study therefore concludes and recommended concerning its findings that there is a need for the nigerian government within the state and at the federal level to embark on a sustainable development project that will cater to the need of its citizens and also endeavour to curtail police excess in abusing human rights. this is an open-access article under the cc–by 4.0 license. keywords endsars; governance; sustainable development; https://www.jhcls.org/index.php/jhcls/index mailto:journalhumanrightslegalsystem@gmail.com mailto:aidonojie.paul@edouniversity.edu.ng https://doi.org/10.1007/978-3-030-00883-3 https://doi.org/10.1080/17400201.2014.948412 https://creativecommons.org/licenses/by/4.0/ 210 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) robbery and kidnapping amongst other crimes increases thereby undermining the duties of the nigerian police,3 a special unit of the nigerian police force called special anti-robbery squad (sars) was created in 1992 as part of the force criminal investigation and intelligence department.4 this special unit of the police, though created to combat armed robbery and kidnappings, thrived greatly in the various acts of human rights violations. however, it suffices to state that the special anti-robbery squad (sars) that was created to curtailed incidence of armed robbery crime related offence and protect the society, are now the monster hunting the society. this is concerning the fact that, an awful characteristic of nigerian sars is the use of force to citizens of their legal rights, a character that has now generated oppositions (endsars) from teaming youths across the country who are victims of the sars abuse.5 furthermore, over the years, the nigerian sars was linked to extra-judicial killings, extortion, torture, framing, blackmail, kidnapping, home invasions, rape, and the invasion of homes, illegal stop, and search operations.6 they were also involved in violation of the right to privacy through inordinate checking of mobile phones and computers, harassment, and intimidation of citizens (most especially the nigerian youth, to mention but a few.7 the above heinous act of the nigerian sars cumulated ignited the nigerian youth for a protest against police brutality and a quest for sustainable governance. in this regard, it suffices to state that the massive protests against the end of sars in nigeria are not only a result of police brutality but also a direct offshoot of nigeria's style of governance and poor sustainable development on the part of the government.8 the protests are demonstrations of the need of sustainable development and freedom of expression, which is essential to democracy and good governance.9 dreadful governance has been understood to reflect a general 3 kenneth chukwuemeka nwoko, ‘amotekun: the southwest region’s response to the failures of the nigerian police and worsening insecurity in nigeria’, african identities, 2021, 1–17 https://doi.org/10.1080/14725843.2021.1994368 4 tope shola akinyetun, ‘reign of terror: a review of police brutality on nigerian youth by the special anti-robbery squad (sars)’, african security review, 30.3 (2021), 368–85 https://doi.org/10.1080/10246029.2021.1947863 5 victor chidubem iwuoha and ernest toochi aniche, ‘protests and blood on the streets: repressive state, police brutality and# endsars protest in nigeria’, security journal, 2021, 1–23 https://doi.org/10.1057/s41284-021-00316-z 6 iwuoha and aniche. 7 blessing chinweobo-onuoha and others, ‘modelling journalists’ coping strategies for occupational hazards in their coverage of protests against police brutality (endsars protests) in nigeria’, international journal of occupational safety and ergonomics, 2021, 1–8 https://doi.org/10.1080/10803548.2021.1999651 8 chinweobo-onuoha and others. 9 paul atagamen aidonojie, anne oyenmwosa odojor, and patience omohoste agbale, ‘the legal impact of plea bargain in settlement of high profile financial criminal cases in nigeria’, sriwijaya law review, 5.2 (2021), 161–74 https://doi.org/10.28946/slrev.vol5.iss2.852.pp161-174 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1080/14725843.2021.1994368 https://doi.org/10.1080/10246029.2021.1947863 https://doi.org/10.1057/s41284-021-00316-z https://doi.org/10.1080/10803548.2021.1999651 https://doi.org/10.28946/slrev.vol5.iss2.852.pp161-174 issn 2807-2812 journal of human rights, culture and legal system 211 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) tendency of a public institution, not managing public affairs and resources.10 it is the connection involving the government and the governed as a result of decisionmaking. this unfavourable affiliation is created as a consequence of outside factors or decisions such as contravention of central or suitable norms such as those of moderate democracy, and awful economic policy.11 concerning the above, the study tend embark on a study to theorise the right to peaceful protest recognize by international and national instrument. furthermore, empirically examines the on-going endsars protests and campaigns across nigeria in ascertaining if the endsars protest is a result of police brutality, ineffective governance, and poor sustainable development in nigeria. furthermore, to ascertain the effective solutions to savage the endsars protest and further future occurrence of police brutality in nigeria. this research is in the attempt to answer three questions: (1) is the endsars protest a political agenda to destabilised the nigerian government or a revolution quest for good governance?, (2) what is or could be responsible in igniting the endsars protest?, and (3) what are the possible solutions that can be employed to salvage the civil unrest and prevent future occurrence? 2. research method this study employs the use of doctrinal and non-doctrinal survey research methods. the theoretical session is aimed at analyzing and theorising the legality of endsars protests under the nigerian law, various international conventions, also to theorise the end sars protest as a quest for good governance and sustainable development in nigeria. concerning the non-doctrinal method of study, questionnaire was distributed to 363 respondents residing in nigeria. in this regard, a descriptive and analytical research approach was used to enable the authors to gather data that are objective, statistical, mathematical, and numerical for analysis. furthermore, the non-doctrinal method of research enables the authors to collate and analyse data generated from the questionnaire to reach a conclusive generalisation in ascertaining if the endsars protest is a political agenda or a quest for good governance and sustainable development in nigeria. furthermore, it also enable the authors to ascertain what triggered the protest and how to salvage the civil unrest of the endsars protest in nigeria. 10 andrew ebekozien and clinton aigbavboa, ‘covid-19 recovery for the nigerian construction sites: the role of the fourth industrial revolution technologies’, sustainable cities and society, 69 (2021), 102803 https://doi.org/10.1016/j.scs.2021.102803 11 tamar haruna dambo, metin ersoy, ahmad muhammad auwal, victor oluwafemi olorunsola, and mehmet bahri saydam, ‘office of the citizen: a qualitative analysis of twitter activity during the lekki shooting in nigeria’s# endsars protests’, information, communication & society, 2021, 1–18 https://doi.org/10.1080/1369118x.2021.1934063 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1016/j.scs.2021.102803 https://doi.org/10.1080/1369118x.2021.1934063 212 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) 3. results and discussion a recount of few brutalise victims by nigeria special anti-robbery squad one of the major reasons for the endsars protest in nigeria is the incessant complaining of the nigerian youth's brutality by the special anti-robbery squad (sars), a unit of the nigeria police force. the major function of the nigeria special anti-robbery squad (sars) is to combat the increasing rate of banditry, kidnappings, and other crimes in nigeria.12 however, the nigeria sars seems to have abandoned this mandate of the safety of life and security of properties to taking the life of nigerians and seizure of their properties through unlawful means as reported in several newspapers in nigeria. this session of this study considers a few of the victims of these brutalities, and they are as follows. ifeoma abugu was a 28year old graduate of the institute of management and technology, enugu, who was allegedly sexually assaulted and murdered by the personnel of the special anti-robbery squad, federal capital territory command, abuja.13 on the 10th september 2020 at the hour of 5 pm, some men of the special squad (sars) allegedly stormed the deceased fiance’s residence, afam ugwunwa, wumba village, lokogoma area, abuja, to arrest him, but the suspect was not found at home, ifeoma abugu (fiancée of the suspect) was arrested in lieu of her fiancé.14 however, it was reported that ifeoma had died in the police cell. while the family members saw signs of sexual assault on her corpse, the police alleged that she died due to an overdose of cocaine. tiamiyu kazeem was playing for the national league side remo stars before he was murder by the nigeria sars.15 on the 22nd day of february 2020, the deceased, alongside his teammate, were stopped by some personnel of the sars in sagamu and were questioned about their means of livelihood. they were attacked verbally on the claim that they were fraudsters considering the way they were dressed, which the deceased and his friend quickly debunked that they were footballers. the sars officers insisted that they must take them to their station. unfortunately, one of the policemen pushed the deceased down from the vehicle out of anger, and another motor coming from the back crushed him immediately. 12 franklin onwuegbuchunam, ‘the sacredness of right against torture vis-à-vis the recent trend of sars action in nigeria: a need for legal consideration’, available at ssrn 3709419, 2020 https://doi.org/10.2139/ssrn.3709419 13 tamar haruna dambo, metin ersoy, ahmad muhammad auwal, victor oluwafemi olorunsola, ayodeji olonode, and others, ‘nigeria’s# endsars movement and its implication on online protests in africa’s most populous country’, journal of public affairs, 22.3 (2022), e2583 https://doi.org/10.1002/pa.2583 14 dambo, ersoy, auwal, olorunsola, olonode, and others. 15 chinenyenwa ohia and mobolaji modinat salawu, ‘covid-19 pandemic and civil unrests in africa: implication of recent# endsars protests for increased community transmission in nigeria’, the pan african medical journal, 37.suppl 1 (2020) https://doi.org/10.11604/pamj.supp.2020.37.47.26956 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.2139/ssrn.3709419 https://doi.org/10.1002/pa.2583 https://doi.org/10.11604/pamj.supp.2020.37.47.26956 issn 2807-2812 journal of human rights, culture and legal system 213 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) daniel dominic, also known as sleek, a 20year old musician, was shot by a member of the special anti-robbery squad (sars) in elelewo axis of obi-akpor local government area of rivers state.16 the deceased was allegedly standing by a hotel with his friend, reuben, waiting for a car to transport them when police officers confronted them. they were unharmed and with no incriminating object on them. however, a group of sars officers on patrol at the location beckoned at them. they were afraid because the sars officers were holding guns, and they took to their heels. immediately, the officers ran after them screaming “thief” “thief,” and on hearing that, a police sergeant attached to a supermarket within the area came out, chased, and shot dominic; he died before he could be taken to the hospital. linda angela igwetu, a 23year old who was a serving corps member in abuja, nigeria, on 4th july 2018 she was murder by the nigeria police. she had worked late at about 11 pm and with a few friends before their passing from the national youth service corps scheduled for 5th july 2018. she was reported to have been driving and playing music in her open roof car, and at the checkpoint immediately after ceddi plaza, she was shot by a police officer named benjamin peters. the bullet shot by the policeman hit her on the part of her midriff, and she began losing blood and suffered a low heart rate before she died. kolade johnson is 36years old and a graduate of the university of benin; he had a fiancée, a son, and was the only son of his parents. he was shot dead from the barrel of the gun of the members of the special anti-robbery squad (sars) on sunday 31st march 2019 at onipetesi, mangoro bus stop, lagos state, where he went to watch a football premiership match.17 the members of the sars were searching for a suspect when they opened fire, and kolade johnson was hit with a stray bullet where he was watching football. the killing of johnson provoked widespread anger amongst nigerians, who clamoured that the special police unit be disbanded. the officers of the sars who allegedly killed him include the following: ojiawuna samuel (a corporal), godwin orji (a sergeant), and ogunyemi olalekan (an inspector). tina ezekwe is a 16year old girl who was shot by a trigger-happy policeman at lagos state on the 26th may 2020.18 tina died two days later, and the allegedly drunk police officer wanted to scare people off at the scene where some sars personnel had shot a driver from whom they wanted to collect a bribe of n200 and 16 usman a ojedokun, yetunde o ogunleye, and adeyinka a aderinto, ‘mass mobilization for police accountability: the case of nigeria’s# endsars protest’, policing: a journal of policy and practice, 15.3 (2021), 1894–1903 https://doi.org/10.1093/police/paab001 17 ernest toochi aniche and victor chidubem iwuoha, ‘beyond police brutality: interrogating the political, economic and social undercurrents of the# endsars protest in nigeria’, journal of asian and african studies, 2022, 00219096221097673 https://doi.org/10.1177/00219096221097673 18 tobia fattore and jan mason, ‘humiliation, resistance and state violence: using the sociology of emotions to understand institutional violence against women and girls and their acts of resistance’, international journal for crime, justice and social democracy, 9.4 (2020), 104–17 https://doi.org/10.3316/agispt.20210518046839 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1093/police/paab001 https://doi.org/10.1177/00219096221097673 https://doi.org/10.3316/agispt.20210518046839 214 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) in the process shot tina ezekwe. the above are just a few cases reflecting how the special anti-robbery squad (sars) has been indulging in brutalising, abusing, and extra-judicial killing of promising youth of nigeria, which is a major consequence of the endsars protest in nigeria. the right to peaceful protest recognise by nigeria laws and international instrument it has been argued that the endsars protest (champion by the nigeria youth) is one that is undemocratic, unknown, or recognised by the international community and within the nigerian terrain; hence the protest is unconstitutional and ought to be condemned by the federal government of nigeria as one which violates democratic tenets. in this regard, it suffices to ascertain what the meaning of a protest is? a protest is a formal and peaceful complaint, declaration, or expression by an individual or group of individual expressing dissatisfaction against an act done or about to be executed.19 it is also a solemn way of dissenting, objecting, or disapproval to a violation of existing morals or principles20 (merriamwebster’s dictionary, 2003). however, it is also relevant to note that the constitution of the federal republic of nigeria21 has a salient provision affirming the right to protest in nigeria and which right cannot be taken away from the people under any guise. by the provision of section 39 and 40 of the nigeria constitution, the people's freedom to protest or engage in any peaceful processions is guaranteed. it recognizes the right of any individual to associate, assemble freely and express their opinion freely in protecting their interest. given this, the right to peaceful protest is guaranteed under the constitution, which cannot be taken away unless in the manner provided in the nigeria constitution, particularly section 45, which is not the focus of this research.22 the right to peaceful protest has been given judicial affirmation in the case of inspector general of police v all progressive peoples party & ors when the court of appeal held thus. from the above postulation of the court, it is settled beyond peradventure that the constitution, which is the grundnorm and the father and mother of all laws in nigeria, recognizes the right of the people to protest in so far as the protest is not one that may necessitate the invocation of the provision of section 45 of the constitution. furthermore, it is noteworthy to state that there is specific legislation, the nigerian public order act that also recognise and regulate protest, demonstrations, rallies, or processions in nigeria. by section 1(1), the right to a 19 philippe hanna and others, ‘conceptualizing social protest and the significance of protest actions to large projects’, the extractive industries and society, 3.1 (2016), 217–39 https://doi.org/10.1016/j.exis.2015.10.006 20 merriam-webster’s dictionary, 11th edition, merriam-webster, inc. 2003 available at http:/www.merriam-webster.com/dictionary/protest accessed 21st october, 2020 21 constitution of the federal republic of nigeria (as amended) 2010 22 nat ofo, ‘amending the constitution of the federal republic of nigeria 1999’, african journal of legal studies, 4.2 (2011), 123–48 https://doi.org/10.1163/170873811x577302 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1016/j.exis.2015.10.006 http://www.merriam-webster.com/dictionary/protest https://doi.org/10.1163/170873811x577302 issn 2807-2812 journal of human rights, culture and legal system 215 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) peaceful protest is recognized when the section provides that each government of a state must ensure the safety of the state and individual involved in a peaceful and organise procession and assembly in a public place or road within the state.23 however, while section 1 of public order act (2004) provides for the right to a peaceful protest in nigeria, subsection 2 of the public order act subjects the exercise of this right to the whims and caprice of the governor of the state where the protest is to take place.24 subsection 2 imposes on the protesters to first obtain a protest license while it empowers the governor to issue a license; otherwise, any protest without such license is declared illegal. interestingly, this subsection 2 has been declared null and void by the court for being in contravention of the nigeria constitution's provision that recognises the right to peaceful protest. the court declared that it is not within the spirit of section 40 of the constitution that the right to protest granted under that section shall be subject to approval. this position was affirmed in the case of inspector general of police vs. all progressive peoples party & ors supra, where the nigeria court relied on the case of shetton v tucker, which is to the effect that no government possesses the power to stifle and suspend the fundamental right of its citizens. in this regard, the public order act cannot be utilised to ensure law and order by suspending the fundamental right of nigerian citizens.25 furthermore, in the case of osadebey v a.g. bendel state, the power allotted to the legislature to enact laws cannot be used in any circumstance to accomplish an unconstitutional end result. in this regard, the power to the governor of a state to subject and permit any protest or procession under the public order act will be offensive to use in attaining the unconstitutional result of depriving an individual the right to freedom of assembly and freedom of speech. the court added that the right to freedom of assembly and freedom of speech is a core part of the democratic rights of all citizens of the federal republic of nigeria, which must be jealous as they are part of the base upon which the government itself rests.26 from the above, the nigeria constitution remains the most valid and sacred position of law on the right to protest, and all other laws must either pitch tent with the constitution or bow to it. the public order act is valid only to the extent of its consistency with the provision of nigeria the constitution. the right to protest is a guaranteed constitutional right in nigeria. therefore, the endsars 23 amos adeoye idowu, ‘security laws and challenges in nigeria: the boko haram insurgency’, journal of applied security research, 8.1 (2013), 118–34 https://doi.org/10.1080/19361610.2013.738395 24 bamisaye olutola, ‘the right to peaceful assembly in a chaotic democracy: an analysis of nigerian law’, in governance, human rights, and political transformation in africa (springer, 2020), pp. 217–46 https://doi.org/10.1007/978-3-030-27049-0_9 25 george william mugwanya, ‘human rights in africa’, in human rights in africa: enhancing human rights through the african regional human rights system (brill nijhoff, 2003), pp. 53–106 https://doi.org/10.1163/9789004478558_008 26 edieya davidson, ‘hallmark of legal development: justice obaseki through his cases’, available at ssrn 3094901, 2017 https://doi.org/10.2139/ssrn.3094901 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1080/19361610.2013.738395 https://doi.org/10.1007/978-3-030-27049-0_9 https://doi.org/10.1163/9789004478558_008 https://doi.org/10.2139/ssrn.3094901 216 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) protest one that has attained its legal flavour and validity from our local laws, which is a settled position. it is also germane to affirm that some international community also recognize the right to protest. this is because some international conventions and treaties recognise the right to protest, and nigeria is a signatory to these conventions or treaties. the universal declaration of human right (1981) is one of such international instrument which recognizes the right to protest in nigeria. article 18, 19, and 20 of the universal declaration of human rights provide that everyone has freedom of thought, the right to self-expression, right to peaceful assembly and association. however, article 29 of the declaration further stated that the exercise of these must conform to the just requirement of public order, morality, and the wellbeing of a democratic society.27 the international covenant on civil and political rights, also known as iccpr, is a multilateral treaty adopted by the united nations general assembly. it also recognise the right to a peaceful protest. by the covenant, every state party must ensure respect for the civil and political rights of the people, which rights include freedom of expression, life to life, freedom of religion, and freedom of assembly. nigeria ratified the iccpr on the 29th july, 1993, and the direct implication of the ratification is that the covenant is legally binding and enforceable in nigeria, either against any individual(s), government, or institution. article 21 of iccpr validates the people’s right to hold protest when it states that an individual or group of individuals have the right or freedom of peaceful assembly to the degree that it does not obstruct with the right of others, public order, public safety, and morality.28 furthermore, the african charter on human and peoples’ rights is a regional international human rights law anticipated to advance and protect human rights and fundamental freedoms in the african continent. by the ratification of the treaty in 1983 by the nigerian government, it has become a binding document that shall be enforceable in a court of law in nigeria.29 article 11 of the african charter recognizes the right to protest as an essential and inalienable right of the people, which cannot be unduly taken away30 except on the ground of national security, 27 prince chiagozie ekoh and elizabeth onyedikachi george, ‘the role of digital technology in the endsars protest in nigeria during covid-19 pandemic’, journal of human rights and social work, 6.2 (2021), 161–62 https://doi.org/10.1007/s41134-021-00161-5 28 linda camp keith, ‘the united nations international covenant on civil and political rights: does it make a difference in human rights behavior?’, journal of peace research, 36.1 (1999), 95–118 https://doi.org/10.1177/0022343399036001006 29 eghosa osa ekhator, ‘the impact of the african charter on human and peoples’ rights on domestic law: a case study of nigeria’, commonwealth law bulletin, 41.2 (2015), 253–70 https://doi.org/10.1080/03050718.2015.1049633 30 frans viljoen, ‘application of the african charter on human and peoples’ rights by domestic courts in africa’, journal of african law, 43.1 (1999), 1–17 https://doi.org/10.1017/s002185530000869x https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1007/s41134-021-00161-5 https://doi.org/10.1177/0022343399036001006 https://doi.org/10.1080/03050718.2015.1049633 https://doi.org/10.1017/s002185530000869x issn 2807-2812 journal of human rights, culture and legal system 217 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) public safety, and protection of the right of others.31 it is imperative to state that the applicability and enforceability of this provision were also amplified in the case of kuti v attorney general of federation.32 the above convention or declaration is a hybrid of both the constitution of nigeria and the public order act. however, it relevant to also state that, it is upon ratification and domestication of these treaties or convention by nigeria government that they become a binding document which shall be enforceable in a court of law in nigeria.33 however, the acceptance of a treaty as binding legislation in nigeria is made possible by virtue of section 12(1) of the constitution of nigeria, which provided that a treaty or convention is only made to be enforceable in nigeria if it has been enacted into law from the above, it is crystal clear without any ambiguities that the campaigns and the endsars protest demanding for the dissolution of the unit of the nigerian police force, the special anti-robbery squad, and a request for effective governance that will ensure sustainable development are within the definition of the word “protest.” governance and sustainable development a viable means of savaging the endsars protest in nigeria the endsars protest in the various parts of nigeria can also be attributed to ineffective governance and poor sustainable development.34 the failure of the government to cater to the needs of the people in areas of security of life, empowerment, job creations, power supply, respect for human rights, etc. are responsible can spur civil unrest and protests from its citizens. according to the world bank, to ensure effective governance and sustainable development,35 the government must ensure effective governance that is the mode in which public officials and organisations obtain and apply the authority to form public guiding principles and provide public goods and services.36 the world bank had also stated that the traditions and institutions by which authority in a country is exercised are not violated with impunity by public officers. this includes the 31 viljoen. 32 cheryl johnson-odim, ‘“for their freedoms”: the anti-imperialist and international feminist activity of funmilayo ransome-kuti of nigeria’, in women’s studies international forum (elsevier, 2009), xxxii, 51–59 https://doi.org/10.1016/j.wsif.2009.01.004 33 gina bekker, ‘the african human rights system: an uphill struggle’, german yb int’l l., 52 (2009), 45 https://doi.org/10.1017/s0021855306000210 34 bukola akintola, ‘the perils of protest: state repression and student mobilization in nigeria’, in encountering the nigerian state (springer, 2010), pp. 99–121 https://doi.org/10.1057/9780230109636_5 35 mihaela kardos, ‘the reflection of good governance in sustainable development strategies’, procedia-social and behavioral sciences, 58 (2012), 1166–73 https://doi.org/10.1016/j.sbspro.2012.09.1098 36 daniel kaufmann and aart kraay, ‘governance indicators: where are we, where should we be going?’, the world bank research observer, 23.1 (2008), 1–30 https://doi.org/10.1093/wbro/lkm012 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1016/j.wsif.2009.01.004 https://doi.org/10.1017/s0021855306000210 https://doi.org/10.1057/9780230109636_5 https://doi.org/10.1016/j.sbspro.2012.09.1098 https://doi.org/10.1093/wbro/lkm012 218 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) procedure by which governments are chosen, monitored and replaced; the ability of the government to efficiently formulate and apply sound policies that cater for the need of it citizens,37 and the reverence of citizens and the state for the institutions that govern economic and social exchanges among them. given the above, good governance in nigeria should be the ultimate goal of the government; in this regard, nigeria's government must efficiently and effectively promote the economic well-being of its people.38 this is because good governance is a primary practice through which the lives, aspirations, and dreams of the citizenry are jointly pursued by premeditated and methodical strategies and policies for the realization of their maximum potentials.39 from the above, it is clear beyond peradventure that the only way by which the people of a nation may have a conducive atmosphere for an improved standard of living is through good governance. the state of the country is a direct reflection of the kind of governance that operates. high-quality governance is a crucial tool that oils a persistent peaceful, secure, and overall society's advancement. the authors designed an online questionnaire (using google form, which suits the purpose of ensuring social distancing due to the covid19) disseminated to respondents through various internet means of communication. 363 respondents were randomly picked from various states of the federal republic of nigeria to provide both predetermined options and free opinions response, and a simple random technique was used in selecting the respondents. the simple random sampling technique is said to be the best for this type of study, given the fact that it will enable the authors to arrive at a general conclusion.40 furthermore, the simple random techniques are also regarded as better, with regard to the fact that the sample size focal point is aimed at respondent within the various states of the federal republic of nigeria, which is homogenous. in the words of bajpai et al.,41 in their research work “law research methodology: ‘sampling techniques’ affirmed that the relevance of simple random sampling techniques are: (i) it is a 37 kim lah and anthony collins, ‘the kilwa massacre: critical analysis for a southern criminology’, international journal for crime, justice and social democracy, 9.4 (2020), 135–47 https://doi.org/10.3316/agispt.20210518046841 38 lukman raimi, innocent akhuemonkhan, and olakunle dare ogunjirin, ‘corporate social responsibility and entrepreneurship (csre): antidotes to poverty, insecurity and underdevelopment in nigeria’, social responsibility journal, 2015 https://doi.org/10.1108/srj-112012-0138 39 ademola azeez, ‘contesting “good governance” in nigeria: legitimacy and accountability perspectives’, journal of social sciences, 21.3 (2009), 217–24 https://doi.org/10.1080/09718923.2009.11892774 40 paul atagamen aidonojie and esther chetachukwu francis, ‘legal issues concerning food poisoning in nigeria: the need for judicial and statutory response’, jurnal media hukum, 29.1 (2022), 65–78 https://doi.org/10.18196/jmh.v29i1.12595 41 paul atagamen aidonojie, ‘the societal and legal missing link in protecting a girl child against abuse before and amidst the covid-19 pandemic in nigeria’, jurnal hukum, 38.1 (2022), 61–80 https://doi.org/10.26532/jh.v38i1.18412 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.3316/agispt.20210518046841 https://doi.org/10.1108/srj-11-2012-0138 https://doi.org/10.1108/srj-11-2012-0138 https://doi.org/10.1080/09718923.2009.11892774 https://doi.org/10.18196/jmh.v29i1.12595 https://doi.org/10.26532/jh.v38i1.18412 issn 2807-2812 journal of human rights, culture and legal system 219 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) hassle-free method of sampling the population. it is homogeneous; (ii) there is no chance of a personal bias of the researcher to influence sampling. however, to effectively reach an unbiased common conclusion, this study used a sample size of 363 respondents from the various states of the federal republic of nigeria. from the data generated from the response of the respondents, figure 1 and table 1 is a representation of the respondent’s response to research question one, which aimed at ascertaining if the endsars protest is sponsor by the political elites to distabilise the nigeria government. from the respondents' responses, 81.5% (296 respondents) representing a majority of the respondents, responded, “no.” however, figure 2 and table 2 further sort to ascertain from the respondents if the endsars could be a quest to end police brutality, a request for good governance that will allow active participation of youth in governance and ensuring sustainable development in nigeria. given the respondents' response, 86.2% (313 respondents) of the respondent’s response was “yes.” in this regard, it can be aptly said that the endsars protest majorly spare headed by youth in nigeria is a quest to end police abuse of human right which had been noted that a unit of the nigeria police refer to as the special anti-robbery squad were known for the abuse and killing of young nigerian. the quest for the endsars protest is also a quest for good governance and sustainable development. in this regard, from the data generated as presented in figure 2 and table 2, the respondents also identify that apart from police brutality, the quest for good governance that will ensure sustainable development is also one of the reasons that heighten the endsars protest. sustainable development is said to be the dream of most countries of the world to alleviate and reduce the rate of poverty and to ensure further that the future of its citizens is secured. according to the sebudubudu, he stated that one of the attributes of good governance is stable economic growth and development that can alleviate the citizens42 of a country from poverty. kebonang also stated that one of the key factors of ensuring sustainable economic development is to ensure responsive, economic development policy goals.43 given this, it will be apt to state that in a country where the level of development and government policies is not directly affecting or making an impact in the life of its citizens, it may degenerate into citizens protesting. 42 geetika goel and meenakshi rishi, ‘promoting entrepreneurship to alleviate poverty in india: an overview of government schemes, private‐sector programs, and initiatives in the citizens’ sector’, thunderbird international business review, 54.1 (2012), 45–57 https://doi.org/10.1002/tie.21437 43 john edward o rege and john p gibson, ‘animal genetic resources and economic development: issues in relation to economic valuation’, ecological economics, 45.3 (2003), 319–30 https://doi.org/10.1016/s0921-8009(03)00087-9 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1002/tie.21437 https://doi.org/10.1016/s0921-8009(03)00087-9 220 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) however, irrespective of the complains that trigger and heighten the endsars protest, and it will be very apt to state that there are no challenges without solutions. in this regard, in order to ascertain the possible solution to savage and end the civil protest endsars, figure 3 and table 3 was aimed at providing the respondents to choose from a cluster of possible solutions that the government of nigeria can employ in savaging protest. from the data generated, 94.6% (330 respondents) of the respondents identified good governance, and 92.6% (323 respondents) also identify “defending and protecting citizens right against police (sars) brutality” as a possible solution. no doubts, one of the reasons for the protest is as a result of the brutality and abuse of human rights by the special anti-robbery squad (sars), hence the protest “endsars.” however, irrespective of dissolving and banning the sars, the nigeria government further set-up a similar body know as “swat” this decision of the nigerian government has been generally criticise as recreating the special anti-robbery squad, hence the endsars protest. in this regard, for any county to live in peace, every government must be sensitive in its decision and policy that directly affects its citizens. according to daniel et al., if governments of various countries in africa want to serve as an ethical leader, they must be proactive and transparent in decision making, embark on policy and sustainable development that can set a blueprint and alleviate its citizens from poverty. furthermore, in identifying other possible solutions to curb the endsars protest, 86.5% (302 respondents) of the respondent identify the following: improved public infrastructure such as; roads, health care, educational facilities, and power supply, 79.9% (279 respondents) identify improved minimum wage and standard of living and 43.8% (153 respondents) of the respondents identify job creation as possible solutions the nigeria government can employ in solving the endsars protest and further future occurrence of protest. this finding is similar to the finding of muhammad and samra in their study ‘competitiveness, governance and globalization: what matters for poverty alleviation’ which found that one way for underdeveloped countries to alleviate their citizen from poverty is through sustainable economic development, provision of adequate infrastructures and human development.44 4. conclusion from this study it has been theoretically and empirically show that the essence of the endsars protest in nigeria by the nigeria youth is to eradicate the 44 muhammad shahid hassan, samra bukhari, and noman arshed, ‘competitiveness, governance and globalization: what matters for poverty alleviation?’, environment, development and sustainability, 22.4 (2020), 3491–3518 https://doi.org/10.1007/s10668-019-00355-y https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1007/s10668-019-00355-y issn 2807-2812 journal of human rights, culture and legal system 221 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) incessant abuse and killing of the nigeria youth by sars (a unit in the nigeria police force) , and to foster effective governance that will promote sustainable development in nigeria. in this regard, the nigerian government must ensure that the nigerian police which is a department of government must be responsible for the preservation of law and order, detection of crime and enforcement of civil law, instead of abusing and killing innocent citizens of nigeria. furthermore, it is also apt to state citizens often assess the character of a government through its police force. this is given the fact that the police is one of the most visible agent of government, responsible as “guardians” of society. to a large extent, the growth, actions and behaviors of the police as an institution, further reflect the political and economic character of a society. refrences aidonojie, paul atagamen, ‘the societal and legal missing link in protecting a girl child against abuse before and amidst the covid-19 pandemic in nigeria’, jurnal hukum, 38.1 (2022), 61–80 https://doi.org/10.26532/jh.v38i1.18412 aidonojie, paul atagamen, and esther chetachukwu francis, ‘legal issues concerning food poisoning in nigeria: the need for judicial and statutory response’, jurnal media hukum, 29.1 (2022), 65–78 https://doi.org/10.18196/jmh.v29i1.12595 aidonojie, paul atagamen, anne oyenmwosa odojor, and patience omohoste agbale, ‘the legal impact of plea bargain in settlement of high profile financial criminal cases in nigeria’, sriwijaya law review, 5.2 (2021), 161–74 https://doi.org/10.28946/slrev.vol5.iss2.852.pp161-174 akintola, bukola, ‘the perils of protest: state repression and student mobilization in nigeria’, in encountering the nigerian state (springer, 2010), pp. 99–121 https://doi.org/10.1057/9780230109636_5 akinyetun, tope shola, ‘reign of terror: a review of police brutality on nigerian youth by the special anti-robbery squad (sars)’, african security review, 30.3 (2021), 368–85 https://doi.org/10.1080/10246029.2021.1947863 aniche, ernest toochi, and victor chidubem iwuoha, ‘beyond police brutality: interrogating the political, economic and social undercurrents of the# endsars protest in nigeria’, journal of asian and african studies, 2022, 00219096221097673 https://doi.org/10.1177/00219096221097673 azeez, ademola, ‘contesting “good governance” in nigeria: legitimacy and accountability perspectives’, journal of social sciences, 21.3 (2009), 217–24 https://doi.org/10.1080/09718923.2009.11892774 bekker, gina, ‘the african human rights system: an uphill struggle’, german yb int’l l., 52 (2009), 45 https://doi.org/10.1017/s0021855306000210 chinweobo-onuoha, blessing, elif asude tunca, felix olajide talabi, ayodeji boluwatife aiyesimoju, victor oluwole adefemi, and verlumun celestine https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.26532/jh.v38i1.18412 https://doi.org/10.18196/jmh.v29i1.12595 https://doi.org/10.28946/slrev.vol5.iss2.852.pp161-174 https://doi.org/10.1057/9780230109636_5 https://doi.org/10.1080/10246029.2021.1947863 https://doi.org/10.1177/00219096221097673 https://doi.org/10.1080/09718923.2009.11892774 https://doi.org/10.1017/s0021855306000210 222 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) gever, ‘modelling journalists’ coping strategies for occupational hazards in their coverage of protests against police brutality (endsars protests) in nigeria’, international journal of occupational safety and ergonomics, 2021, 1–8 https://doi.org/10.1080/10803548.2021.1999651 dambo, tamar haruna, metin ersoy, ahmad muhammad auwal, victor oluwafemi olorunsola, ayodeji olonode, abdulgaffar olawale arikewuyo, and others, ‘nigeria’s# endsars movement and its implication on online protests in africa’s most populous country’, journal of public affairs, 22.3 (2022), e2583 https://doi.org/10.1002/pa.2583 dambo, tamar haruna, metin ersoy, ahmad muhammad auwal, victor oluwafemi olorunsola, and mehmet bahri saydam, ‘office of the citizen: a qualitative analysis of twitter activity during the lekki shooting in nigeria’s# endsars protests’, information, communication & society, 2021, 1– 18 https://doi.org/10.1080/1369118x.2021.1934063 davidson, edieya, ‘hallmark of legal development: justice obaseki through his cases’, available at ssrn 3094901, 2017 https://doi.org/10.2139/ssrn.3094901 ebekozien, andrew, and clinton aigbavboa, ‘covid-19 recovery for the nigerian construction sites: the role of the fourth industrial revolution technologies’, sustainable cities and society, 69 (2021), 102803 https://doi.org/10.1016/j.scs.2021.102803 ekhator, eghosa osa, ‘the impact of the african charter on human and peoples’ rights on domestic law: a case study of nigeria’, commonwealth law bulletin, 41.2 (2015), 253–70 https://doi.org/10.1080/03050718.2015.1049633 ekoh, prince chiagozie, and elizabeth onyedikachi george, ‘the role of digital technology in the endsars protest in nigeria during covid-19 pandemic’, journal of human rights and social work, 6.2 (2021), 161–62 https://doi.org/10.1007/s41134-021-00161-5 fattore, tobia, and jan mason, ‘humiliation, resistance and state violence: using the sociology of emotions to understand institutional violence against women and girls and their acts of resistance’, international journal for crime, justice and social democracy, 9.4 (2020), 104–17 https://doi.org/10.3316/agispt.20210518046839 goel, geetika, and meenakshi rishi, ‘promoting entrepreneurship to alleviate poverty in india: an overview of government schemes, private‐sector programs, and initiatives in the citizens’ sector’, thunderbird international business review, 54.1 (2012), 45–57 https://doi.org/10.1002/tie.21437 hanna, philippe, frank vanclay, esther jean langdon, and jos arts, ‘conceptualizing social protest and the significance of protest actions to large projects’, the extractive industries and society, 3.1 (2016), 217–39 https://doi.org/10.1016/j.exis.2015.10.006 hassan, muhammad shahid, samra bukhari, and noman arshed, ‘competitiveness, governance and globalization: what matters for poverty alleviation?’, environment, development and sustainability, 22.4 (2020), 3491– https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1080/10803548.2021.1999651 https://doi.org/10.1002/pa.2583 https://doi.org/10.1080/1369118x.2021.1934063 https://doi.org/10.2139/ssrn.3094901 https://doi.org/10.1016/j.scs.2021.102803 https://doi.org/10.1080/03050718.2015.1049633 https://doi.org/10.1007/s41134-021-00161-5 https://doi.org/10.3316/agispt.20210518046839 https://doi.org/10.1002/tie.21437 https://doi.org/10.1016/j.exis.2015.10.006 issn 2807-2812 journal of human rights, culture and legal system 223 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) 3518 https://doi.org/10.1007/s10668-019-00355-y idowu, amos adeoye, ‘security laws and challenges in nigeria: the boko haram insurgency’, journal of applied security research, 8.1 (2013), 118–34 https://doi.org/10.1080/19361610.2013.738395 iwuoha, victor chidubem, and ernest toochi aniche, ‘protests and blood on the streets: repressive state, police brutality and# endsars protest in nigeria’, security journal, 2021, 1–23 https://doi.org/10.1057/s41284-021-00316-z johnson-odim, cheryl, ‘“for their freedoms”: the anti-imperialist and international feminist activity of funmilayo ransome-kuti of nigeria’, in women’s studies international forum (elsevier, 2009), xxxii, 51–59 https://doi.org/10.1016/j.wsif.2009.01.004 kardos, mihaela, ‘the reflection of good governance in sustainable development strategies’, procedia-social and behavioral sciences, 58 (2012), 1166–73 https://doi.org/10.1016/j.sbspro.2012.09.1098 kaufmann, daniel, and aart kraay, ‘governance indicators: where are we, where should we be going?’, the world bank research observer, 23.1 (2008), 1–30 https://doi.org/10.1093/wbro/lkm012 keith, linda camp, ‘the united nations international covenant on civil and political rights: does it make a difference in human rights behavior?’, journal of peace research, 36.1 (1999), 95–118 https://doi.org/10.1177/0022343399036001006 lah, kim, and anthony collins, ‘the kilwa massacre: critical analysis for a southern criminology’, international journal for crime, justice and social democracy, 9.4 (2020), 135–47 https://doi.org/10.3316/agispt.20210518046841 mcdonald, james russell, ‘developing a peace course in police studies: how a culture of peace can enhance police legitimacy in a democratic society’, journal of peace education, 12.1 (2015), 74–91 https://doi.org/10.1080/17400201.2014.948412 mugwanya, george william, ‘human rights in africa’, in human rights in africa: enhancing human rights through the african regional human rights system (brill nijhoff, 2003), pp. 53–106 https://doi.org/10.1163/9789004478558_008 nwoko, kenneth chukwuemeka, ‘amotekun: the southwest region’s response to the failures of the nigerian police and worsening insecurity in nigeria’, african identities, 2021, 1–17 https://doi.org/10.1080/14725843.2021.1994368 ofo, nat, ‘amending the constitution of the federal republic of nigeria 1999’, african journal of legal studies, 4.2 (2011), 123–48 https://doi.org/10.1163/170873811x577302 ohia, chinenyenwa, and mobolaji modinat salawu, ‘covid-19 pandemic and civil unrests in africa: implication of recent# endsars protests for increased community transmission in nigeria’, the pan african medical journal, 37.suppl 1 (2020) https://doi.org/10.11604/pamj.supp.2020.37.47.26956 ojedokun, usman a, yetunde o ogunleye, and adeyinka a aderinto, ‘mass mobilization for police accountability: the case of nigeria’s# endsars https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1007/s10668-019-00355-y https://doi.org/10.1080/19361610.2013.738395 https://doi.org/10.1057/s41284-021-00316-z https://doi.org/10.1016/j.wsif.2009.01.004 https://doi.org/10.1016/j.sbspro.2012.09.1098 https://doi.org/10.1093/wbro/lkm012 https://doi.org/10.1177/0022343399036001006 https://doi.org/10.3316/agispt.20210518046841 https://doi.org/10.1080/17400201.2014.948412 https://doi.org/10.1163/9789004478558_008 https://doi.org/10.1080/14725843.2021.1994368 https://doi.org/10.1163/170873811x577302 https://doi.org/10.11604/pamj.supp.2020.37.47.26956 224 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 209-224 aidonojie et.al, (legality of endsars protest…) protest’, policing: a journal of policy and practice, 15.3 (2021), 1894–1903 https://doi.org/10.1093/police/paab001 olutola, bamisaye, ‘the right to peaceful assembly in a chaotic democracy: an analysis of nigerian law’, in governance, human rights, and political transformation in africa (springer, 2020), pp. 217–46 https://doi.org/10.1007/978-3-030-27049-0_9 onwuegbuchunam, franklin, ‘the sacredness of right against torture vis-à-vis the recent trend of sars action in nigeria: a need for legal consideration’, available at ssrn 3709419, 2020 https://doi.org/10.2139/ssrn.3709419 raimi, lukman, innocent akhuemonkhan, and olakunle dare ogunjirin, ‘corporate social responsibility and entrepreneurship (csre): antidotes to poverty, insecurity and underdevelopment in nigeria’, social responsibility journal, 2015 https://doi.org/10.1108/srj-11-2012-0138 rege, john edward o, and john p gibson, ‘animal genetic resources and economic development: issues in relation to economic valuation’, ecological economics, 45.3 (2003), 319–30 https://doi.org/10.1016/s0921-8009(03)00087-9 viljoen, frans, ‘application of the african charter on human and peoples’ rights by domestic courts in africa’, journal of african law, 43.1 (1999), 1–17 https://doi.org/10.1017/s002185530000869x watson, danielle, police and the policed: language and power relations on the margins of the global south (springer, 2018) https://doi.org/10.1007/978-3-030-00883-3 https://www.jhcls.org/index.php/jhcls/index https://doi.org/10.1093/police/paab001 https://doi.org/10.1007/978-3-030-27049-0_9 https://doi.org/10.2139/ssrn.3709419 https://doi.org/10.1108/srj-11-2012-0138 https://doi.org/10.1016/s0921-8009(03)00087-9 https://doi.org/10.1017/s002185530000869x https://doi.org/10.1007/978-3-030-00883-3 18 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). research article legal aspects of environment in indonesia: an efforts to prevent environmental damage and pollution arifin ma’ruf 1 1 researcher at java learning center, yogyakarta, indonesia arifindo78@yahoo.com abstract pollution and destruction of the environment are some of the severe threats to the conservation of the environment in indonesia. the disturbed environmental balance needs to be restored as the giver of life and welfare benefits society by improving environmental protection, community development, and optimization of environmental law enforcement. it aims to maintain the existence of nature and aimed at solving environmental problems in indonesia, primarily the caused by human activity. this case could be through civil, administrative, or criminal law so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people. keywords: environmental law; environmental damage; indonesia. introduction indonesia is an archipelagic country that has enormous natural wealth. therefore, the protection and maintenance of nature and the environment in indonesia are essential. based on article 57 paragraph (1) of law no. 23 of 2009 concerning environmental protection and management, it is regulated regarding procedures for maintaining the environment, namely: “environmental maintenance is carried out through the following efforts: a. conservation of natural resources; b. reserves of natural resources; or c. preservation of the function of the atmosphere.” indonesia is also in a very vulnerable position to the impacts of climate change. these impacts include a decrease in food production, disruption of water availability, the spread of pests and plant diseases, human diseases, rising sea levels, the sinking of small islands, and the loss of biodiversity.1 environmental damage is also caused by catastrophic natural disasters, such as the eruption of mount merapi, earthquakes, landslides, etc. environmental problems for humans can be seen in declining environmental quality concerning environmental values for health, welfare, and peace. environmental values for various forms of utilization will be lost or reduced in environmental values due to particular uses by humans. to anticipate environmental damage in indonesia, it is essential to protect and safeguard the environment in indonesia.2 1penjelasan undang-undang nomor 23 taun 2009 tentang perlindungan dan pengelolaan lingungan hidup, lembaran negara tahun 2009 nomor 140 2andi hamzah, penegakan hukum lingkungan, (jakarta: arikha media cipta), 1995, p. 7-6. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 19 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). with the preservation of nature and a clean environment, it can avoid various harms and various diseases. if the environment is dirty and unclean, then law enforcement in the environment and the imposition of strict sanctions on perpetrators who commit violations should be enforced in this beloved country of indonesia. environmental management in indonesia must be based on state responsibility, the principle of sustainability, and the principle of justice. in addition, environmental management must provide benefits in the economic, social, and cultural fields, which are carried out based on prudence, environmental democracy, decentralization, and recognition and respect for local wisdom and environmental wisdom.3 in article 3 of law no. 23 of 2009 explains the objectives of environmental protection and management in indonesia, these objectives include: a. protect the territory of the unitary state of the republic of indonesia from pollution or environmental damage; b. ensure safety, health, and human life; c. ensure the survival of living things and the preservation of ecosystems; d. maintain the preservation of environmental functions; e. achieve harmony, harmony, and environmental balance; f. ensure the fulfillment of justice for present and future generations; g. guarantee the fulfillment and protection of the right to the environment as part of human rights; h. controlling the wise use of natural resources; i. realizing sustainable development; and j. anticipate global environmental issues. the environment is a resource. therefore, it is necessary to manage these resources wisely. in connection with including the environment as a resource, then in principle, the environment is a resource that is needed for its existence by other creatures, especially humans. based on this thought, otto soemarwoto divided needs into three major parts, namely:4 1. basic needs for biological survival, living things always try to maintain their survival individually and as a species. 2. the basic need for human survival, unlike other living creatures, is not enough for humans to live biologically, but because culture must live humanely. 3. the basic need to choose, the ability to choose, is an essential trait of creatures to maintain their survival, both in plants, animals, and humans. environmental law in english is called environmental law. in dutch, it is called umweltrecht. in french, it is called droit de environment, while in malay, it is called natural law. all these terms indicate the part of the law relating to the physical environment and can be applied to overcome pollution and environmental destruction (physical). environmental law generally aims to solve environmental problems, especially those caused by human activities, namely tackling pollution, depletion, and environmental destruction to create a good, healthy, beautiful, and comfortable environment for all people. environmental law, as we understand it today, is a relatively new concept. according to munadjat danusaputro, it grows in line with understanding and awareness to protect and maintain the environment.5 3ibid. 4supriadi, hukum lingkungan indonesia, sebuah pengantar (jakarta: sinar grafika, 2008), p. 4-5. 5environmental law regulates the physical environment and environmental problems related to social phenomena, such as population growth, migration, and legal, social behavior, not only concerning natural sciences https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ 20 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). environmental pollution and destruction are no longer local but are now a national and even international problem. the level of pollution and destruction is also much more remarkable because of advances in industrial technology.6 so that to overcome the increasingly severe environmental damage, it is necessary to have other factors that will determine the creation of a good environment, namely education, legal awareness, technology, and no less critical is adequate finance to finance projects to prevent pollution and environmental damage, even efforts to improve quality. and the beauty of the environment. efforts to enforce environmental law are not only the task of the government, but all members of the community must participate, even starting from the household and themselves. in addition, it is also necessary that the cooperation between these agencies be harmonious, coordinated, and integrated and with good law enforcement. according to j.c.t. simorangkir, laws are coercive regulations that determine human behavior in the community made by authorized official bodies, and violations of these regulations result in action being taken, namely with specific penalties.7 whereas what is meant by law enforcement in english is called law enforcement, in dutch, it is called rechthandhaving. this distinction between the formality of the written rule of law and the scope of the value of justice it contains has even emerged in english itself with the development of the term 'the rule of law' versus 'the rule of just law' or in the term 'the rule of law and not of man.'' versus the term 'the rule by law' which means 'the rule of man by law.' the term 'the rule of law' contains the meaning of government by law, but not in a formal sense, but also includes the values of justice contained in it. therefore, the term 'the rule of just law' is used. furthermore, the term 'the rule of law and not of man' is intended to emphasize that, in essence, the government of a modern legal state is carried out by law, not by people. the opposite term is 'the rule by law,' which is meant as a government by people who use the law as a mere tool of power.8 in ensuring the rule of law, if necessary, law enforcement officials are allowed to use force. in the national space, environmental law occupies the cross-point of various classical laws, namely public and private law. public law includes criminal law, administrative law, tax law, constitutional law, and agrarian law. our constitution regulates the use of nature and the environment for the community, which is contained in article 33 paragraph (3) of the 1945 constitution, which states that: "earth and water and the natural resources contained therein are controlled by the state and used as much as possible for the prosperity of the people." nevertheless, the use of earth and water, and natural resources for the prosperity of the people in indonesia has not run optimally. this is caused by the amount of environmental pollution rife in indonesia, water pollution, air but also relating to social phenomena. environmental law generally aims to solve environmental problems, especially those caused by human activities, namely tackling pollution, depletion, and environmental destruction to create a good, healthy, beautiful, and comfortable environment for all people. see : soejono, hukum lingkungan dan peranya dalam pembangunan (jakarta : pt rineka cipta, 1996) p. 5. 6andi hamzah, penegakan hukum lingkungan ……p. 9-13. 7c.s.t. kansil, pengantar ilmu hukum dan tata hukum indonesia (jakarta : balai pustaka,1989), p. 38. 8in the new and old environmental laws, there is no literal meaning of law enforcement. however, to clarify the meaning of law enforcement, an understanding will be taken as regulated in dutch, namely handhaving. according to notie handhaving mileurecht, 1981, it is stated that law enforcement is the supervision and application (or threat) of the use of administrative, criminal, or civil instruments to achieve compliance with laws and regulations that are generally and individually applicable. law enforcement is more or less an effort made to make the law, both in a narrow formal sense and in a broad material sense, as a behavioral guide in every legal action, both by the legal subjects concerned and by law enforcement officials assigned the task. and authority by law to ensure the functioning of legal norms that apply in the life of society and the state. see: a. hamzah, penegakan hukum lingkungan, (jakarta: arikha media cipta), 1995, p. 61. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 21 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). pollution, and soil pollution. for example, in terms of water pollution, according to the results of a survey by the ministry of the environment based on the monitoring of 52 rivers in the country from 2006 to 2011, it is stated that the condition of water pollution in indonesia has increased by 30 percent. discussion history of the development of environmental law in indonesia environmental law only developed very rapidly in late 1968 and early 1970. in 1972 the first and historic international conference was held in stockholm, sweden. since then, countries have begun to realize and rise to pay great attention to managing the environment, including creating laws and regulations regarding the preservation of human life, preparation of programs to tackle pollution, destruction, and environmental depletion. in germany, the german federal government in 1970 made environmental and comprehensive programs in 1972, refined in 1976. furthermore, in canada, in the canadian criminal code, you can find provisions relating to the environment, namely article 180 of the 1989 criminal code. in india, the new nation was jolted after the disaster at the union carbide plant on december 23, 1984, and they suddenly drafted an environmental law called the environmental (protection) act 1986. in the prc, the prc incorporated basic environmental regulations into the 1978 constitution then 1982. in the netherlands, since january 13, 1979, the netherlands has had a parent law (umbrella) for the environment called wet algemene bepalingen milieuhygyene (act on general provisions for environmental health), which has been amended many times, and the last was on january 18, 1990, and in the united states, the set of environmental laws and regulations began in 1969, in that year the national environmental policy act (nepa)9. the constitutional basis for managing the environment or natural resources in the indonesian state is contained in article 33 paragraph (3) of the 1945 constitution, which states that "earth, water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people," and in indonesia itself, the design of environmental law (environmental law) starting from the occurrence of mineral exploitation and exploration, especially oil and gas in indonesian waters is a new development in indonesian maritime law, this activity also includes marine areas located outside the territory of our country. at the end of 1969, a bilateral agreement on the continental shelf was concluded between indonesia and neighboring countries. the next stage of this development is enacting law no. 1 of 1973 concerning the continental shelf with the provisions for its implementation. then in the same year and the following year, the legislation on marine pollution from offshore oil activities also developed, including pertamina's general regulation on pollution. with this development, it can be said that the era of transboundary marine environmental law has become an inseparable part of the development of modern environmental law. however, the development of environmental law in indonesia, which is comprehensive, only occurred after the oil tanker showa maru ran aground in the malacca/singapore straits in 1975. as is well known, this incident has prompted the formation of the indonesian environmental bill in 1976. the office of the state minister for development and environmental supervision (now the minister of environment), the environmental awareness movement, and efforts to prepare a draft environmental law by this office were 9 andi hamzah, penegakan hukum lingkungan…..p. 8-9. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ 22 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). formed in 1979. the draft uulh was later ratified as law no. 4 of 1982 concerning basic provisions for the environment, based on article 4 letter e, environmental impacts are regulated across national borders, which read: "the protection of the state against the impact of activities outside the territory of the state that cause environmental damage and pollution." then law no. 5 of 1983 concerning the exclusive economic zone contains legal provisions that are transnational based on the new law of the sea convention, which has also been ratified by indonesia as stated above, on the actual development of indonesian environmental law after the 1972 stockholm conference, indonesia is like other countries, just woke up to pay attention to the environment. the law on the introductory provisions of environmental management was created in 1982, namely law no. 4 of 1982, which law has now amended no. 23 of 1997. 4 of 1982 and replaced by law no. 23 of 1997, regulations that span across national borders are regulated in article 4 letter f of law no. 23 of 1997, which reads: "the protection of the unitary state of the republic of indonesia against the impact of businesses and/or activities outside the territory of the state that cause environmental pollution and/or destruction." and then the last one was published and ratified by law no. 23 of 2009 concerning the protection and management of the environment. this law is to complement and at the same time replace and revoke law no. 23 of 1997. the transitional provisions of article 125 of law no. 23 of 2009 concerning environmental protection and management states that "at the time this law comes into force, law number 23 of 1997 concerning environmental management (state gazette of the republic of indonesia of 1997 number 68, supplement to the state gazette of the republic of indonesia number 3699) revoked and declared invalid. however, the implementing regulations for the implementation of law no. 23/1997 on environmental management remain in effect. this is following the provisions of article 124 of law no. 23 of 2009 concerning environmental protection and management, which reads, "at the time this law comes into force, all laws and regulations which are implementing regulations of law number 23 of 1997 concerning environmental management (state gazette of the republic of indonesia of 1997) number 68, supplement to the state gazette of the republic of indonesia number 3699) shall remain valid as long as it does not conflict with or has not been replaced by a new regulation based on this law." environmental pollution and destruction in indonesia making the environment clean, undamaged, and free of pollution is a form of environmental preservation, but environmental destruction and pollution are serious threats to environmental sustainability. the term pollution is used to translate the english word "pollution," which describes a heavier situation than mere dirt. muhammad erwin explained that, in pollution, there is a combination of meanings from:10 10muhammad erwin, hukum lingkungan dalam sistem kebijaksanaan pembangunan lingkungan hidup, (bandung : refika aditama, 2011). p. 35. filthn deterioration declining quality filthn reducing & weakening power usage pollution (damage) https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 23 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). based on article 1 paragraph (12) of law no. 23 of 1997, which was amended by law no. 23 of 2009, what is meant by environmental pollution is the entry or inclusion of living things, substances, or other components into the environment by human activities so that the quality decreases to a certain level which causes the environment to be unable to function following its designation. meanwhile, based on article 1 paragraph (14) of law no. 23 of 2009, environmental pollution is the entry or inclusion of living things, substances, energy, or other components into the environment by human activities to exceed the established environmental quality standards. environmental destruction based on article 1 paragraph (14) of law no. 23 of 1997, which as amended by law no. 23 of 2009, is an action that causes direct or indirect changes to its physical or biological properties which causes the environment to no more extended function in supporting sustainable development. meanwhile, based on article 1 paragraph (16) of law no. 23/2009, environmental destruction is the act of a person causing direct or indirect changes to the environment's physical, chemical, or biological characteristics so that it exceeds the standard criteria for environmental damage. according to munadjat danusaputro, environmental pollution and destruction cause many losses and adverse impacts. these losses and adverse impacts occur in the form of:11 a. economic and social losses (economic and social in the jury). b. sanitary hazard (sanitary hazard). meanwhile, according to abdurrahman explained that environmental pollution could be divided into:12 a. chronic, where the damage occurs progressively but slowly. b. shock or acute, sudden, and severe damage usually results from an accident. c. dangerous, with heavy biological loss in the presence of radioactive genetic defects. d. catastrophic, here the death of many living organisms and perhaps the living organisms become extinct. pollution and environmental destruction are no longer just a local problem but are now also a national and even international problem. the level of pollution and destruction is also much more significant because of advances in industrial technology. environmental pollution can occur in several sectors, including water pollution, air pollution, and soil pollution. 1. water pollution the existence of water is needed for the needs of human life and other living things, namely plants and animals.13 water is a basic human need in life. in indonesia itself, there are still residents whose needs for clean water are not met. the consequences of water pollution include the emergence of various diseases (stomach, damage to organs due to poisoning), a decrease in dissolved oxygen in the waters (resulting in the death of living things in the waters), the occurrence of algae overgrowth (nitrates and phosphates resulting in eutrophication), the entry of toxins into the water. aquatic system (can 11st. munadajat danusaputro, hukum lingkungan dan pencemaran lingkungan melandasi sistem hukum pencemaran, buku v:sektoral, (bandung : bina cipta, 1986), p. 35. 12abdurrahman, pengantar hukum lingkungan indonesia, (bandung : pt citra aditya bakti), p. 99. 13water as a natural resource has a significant and vital meaning and function for human beings and other living things because there is no life without water (h2o), while water on earth is ± 1,360,600,000 km3, which consists of ± 97.25% salt water ( 37,400,000 km3), 1% surface water (374,000 km3), 23.965% groundwater (8,963,000 km3) and 75% snow or es water (28,050,000 km3). look : moh. soerjani, rofiq ahmad dan rozy munir, lingkungan, sumber daya alam dan kependudukan dalam pembangunan, (jakarta :ui press, 1987). p. 60. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ 24 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). accumulate in living things in the waters), the death of living things in the waters, and others. a survey by the ministry of the environment stated that the condition of water pollution in indonesia has increased by 30 percent. this figure was obtained from monitoring 52 rivers in the country from 2006 to 2011.14 monitoring river water quality in 33 provinces by utilizing deconcentration funds has been carried out since 2008 in an integrated manner on a national scale. during 2008-2013, data on river water quality has been collected in almost 57 rivers across provinces, countries, and national strategic rivers from 33 provinces. the monitoring data concluded that around 70-75% of the monitored rivers were polluted, either lightly polluted, moderately, or heavily polluted. the dominant pollutants that pollute rivers are from sources of domestic waste pollution (waste originating from households). this information will become a priority for klh in dealing with and the direction of water quality management.15 2. air pollution as with water, the air is needed for human life, which requires oxygen (o2). furthermore, other living things, namely plants that require carbon dioxide (co2) and animals that require oxygen (o2). the effects of air pollution include impaired visibility, psychological disturbances (due to noise), the emergence of respiratory diseases, decreased productivity of plants and animals (due to acid rain), damage to buildings (due to acid rain), and others. the leading causes and effects of air pollution are always related to humans. humans are the primary and most significant cause of air pollution. humans also feel the worst impact of air pollution. the entry of pollutants into the atmosphere that causes air pollution can be caused by two factors: natural and human factors. causes of air pollution from natural factors, for example, are a volcanic activity that emits volcanic ash and gases, forest fires, and the activities of microorganisms. pollutants produced are usually in the form of smoke, dust, and gases.16 polluted air consequently resembles polluted water. it does not know the boundaries of subdistricts, regions, and provinces. for example, it can be seen in forest areas in 14in indonesia, the supply of drinking water for the population in 2011 is still lacking. based on the central statistics agency data, the fulfillment of safe drinking water is only 55.04 percent, and there are still 80 million people whose drinking water needs have not been met. this condition will continue to increase along with the growth of our population. in indonesia, public access to good sanitation services has only reached 55.60 percent, towards 62.41 percent of the mdgs. indonesia also continues to catch up in the drinking water sector. the united nations (un) agency noted that at least 780 million people in the world do not have access to clean water, and nearly 2.5 billion do not have access to adequate sanitation. not to mention that six to eight million people die each year from disasters and water-related diseases. look : http://health.liputan6.com/read/542058/hari-air-sedunia-80-jutapenduduk-indonesia-kekurangan-air, 15the impact that is no less detrimental than water pollution is the disruption of the environment, ecosystem, and biodiversity. polluted water can kill various organisms that live in the water. the asian development bank (2008) once stated that water pollution in indonesia causes a loss of idr 45 trillion per year. costs due to water pollution include health costs, clean water supply costs, lost productive time, the bad image of tourism, and high infant mortality rates. look: http://alamendah.org/2010/08/01/pencemaran-air-di-indonesia/, diakses pada tanggal : 10 juli 2015, pada pukul 11:08. lihat juga : http://www.menlh.go.id/klh-melakukan-pemantauan-kwalitas-air-di-33-provinsi/ diakses pada tanggal : 10 juli 2015, pada pukul 11:45. 16 air pollution is one of the environmental damage, in the form of a decrease in air quality due to the entry of harmful elements into the air or the earth's atmosphere. hazardous elements that enter the atmosphere can be in the form of carbon monoxide (co), nitrogen dioxide (no2), chlorofluorocarbons (cfcs), sulfur dioxide (so2), hydrocarbons (hc), particulate matter, lead (pb), and carbon dioxide. dioxide (co2). these elements can also be referred to as pollutants or types of air pollutants. look: http://pollutiononmyearth.weebly.com/pencemaran-udara.html. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 25 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). scandinavia and several tropical countries that have been damaged leaves fall and so on due to polluted air (atmosphere).17 3. land pollution soil pollution is a condition in which physical, chemical, and biological materials enter and change the natural soil environment. the consequences of soil pollution are damage to soil structure, decreased plant productivity, death of plants and animals, aesthetic disturbance, unsightly, disease vectors (flies, rats), and others. pollution can occur due to routine human activities or due to carelessness, such as leakage of liquid waste or chemicals in industrial or commercial facilities; pesticide use; ingress of polluted surface water in the sub-surface layer; accidents of oil, chemical, or waste transport fleets; wastewater from landfills as well as industrial waste that is directly discharged to the ground in an illegal manner (illegal dumping). soil pollution can occur through various consequences; there are direct or indirect chemical substances such as pesticides or insecticides, or detergents. chemicals, including pesticides and various detergent forms, besides being useful if used in excess, will cause various forms of pollution to the environment, including soil. it has been revealed that due to the use of herbicides (2,4,5,t and 2,4d) to clear forests in latin america for the cultivation of livestock grass, herbicides 2,4,5,t leave dioxin residues in soil and water, dioxins is one of the most lethal poisons ever created, can cause congenital disabilities, skin damage, and miscarriage.18 while indirect pollution occurs due to being polluted by petroleum and rice fields and fish ponds polluted by oil waste, even excessive land is polluted by harmful substances.19 efforts to prevent environmental damage and pollution in indonesia: optimization of law enforcement the disturbed balance of the environment needs to be restored to its function as life and provides benefits for the welfare of society and intergenerational justice by increasing the development and enforcement of the law. in the legal language, environmental management is based on the preservation of harmonious and balanced environmental capabilities to support sustainable development for improving human welfare, and in realizing this, it is necessary to optimize environmental law enforcement in indonesia. enforcement of environmental law is closely related to the ability of the apparatus and the compliance of citizens with applicable regulations, which cover three areas of law, namely administrative, criminal, and civil. thus, environmental law enforcement aims to comply with regulations and requirements in general and individual legal provisions through supervision and application (or threats) of administrative, criminal, and civil means. resolution of problems that arise in environmental cases can be made through the court or outside the court. especially for dispute resolution through the courts, it still refers to the three instrument approaches, namely administrative law, criminal law, and civil law. the three 17the earth is now getting hotter due to various industrial activities, burning coal, reshuffling or uncontrolled deforestation (deforestation), excessive use of aerosols, and the consequences of other pollution sources can damage ozone which will damage and pose a danger to the life of living beings and ecosystems. the environment on the earth's surface, the emergence of holes in the ozone is a severe threat to humans and all creatures on this earth. moreover, the increasing heat will cause sea levels to rise to about three meters (melting icebergs at the north pole) by 2100. look : john salindeho, masalah tanah dalam pembangunan, (jakarta : sinar grafika, 1987). p. 193-194. 18david weir dan marc scarpiro, lingkaran racun pestisida, (jakarta: sinar harapan, 1985). p. 35. 19ibid, https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ 26 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). approaches are the main instruments in environmental law enforcement.20 in indonesia, environmental law enforcement involves various government agencies at once, such as the police, prosecutors, local governments, the central government, especially the ministry of trade, the ministry of forestry and the ministry of public works, the office of the state minister for the environment, criminal laboratories, and even the private sector such as ngos (nongovernmental organizations). ), and others.21 administrative law as an administrative tool can be preventive and aims to enforce environmental laws and regulations (for example, laws, government regulations, decrees of the minister of industry, governor's decrees, mayor's decrees, and so on). law enforcement can be applied to activities involving licensing requirements, environmental quality standards, environmental management plans (rkl), and so on. in addition to guidance in the form of instructions and guidelines and administrative supervision to entrepreneurs in the industrial sector, the benefits of the "pollution prevention pays" concept should also be instilled in the production process.22 furthermore, environmentally sustainable development, the development in question, is a pattern of development policies that do not disturb the balance of the ecosystem, namely development that is oriented to the management of natural resources while at the same time seeking to protect and develop them. provisions regarding administrative sanctions are regulated in articles 71 to 83 of law no. 23 of 2009. administrative sanctions have an instrumental function, namely controlling prohibited acts. in addition, administrative sanctions are mainly aimed at protecting the interests of those who are violated. several types of administrative sanctions include:23 a) government coercion or coercion (bestuursdwang); b) forced money (publiekrechtelijke dwangsom); c) closure of the place of business (sluiting van een inrichting); d) cessation of the company's machinery activities (buitenggebruikstelling van een toestel); e) revocation of license through a process of reprimand, government coercion, closure and forced money. environmental offenses regulated in articles 41,42,43,45,46,47 uuplh are material offenses involving the preparation of evidence and determining the causal relationship between polluting and polluting acts. in the new uuplh, namely law no. 23 of 2009, the criminal provisions are 20supriadi, hukum lingkungan indonesia, sebuah pengantar (jakarta : sinar grafika, 2008), p. 4-5. 21the definition of law enforcement in indonesian terminology always leads to force, so that there is an impression in the community that law enforcement is related to criminal sanctions. this is also related to how often people refer to law enforcers as police, prosecutors, and judges. at the same time, administrative officials (bureaucracies) act as law enforcers. law enforcement is carried out by the bureaucracy (administrative officials) in the form of preventive. preventive enforcement is carried out by conducting counseling or socialization of statutory regulation, both statutory regulations originating from the center and regulations made in the regions. law enforcement is a process of making efforts to enforce or function legal norms as guidelines for behavior in traffic or legal relations in social and state life. in a broad sense, the law enforcement process involves all legal subjects in every legal relationship. anyone who applies normative rules or does something or does not do something based on the norms of the applicable law means that he is carrying out or enforcing the rule of law. in a narrow sense, in terms of the subject matter, law enforcement is only defined as the efforts of certain law enforcement officials to guarantee and ensure that the rule of law runs as it should. see : andi hamzah, penegakan hukum lingkungan …. p. 89. 22siti sundari rangkuti, hukum lingkungan dan kebijaksanaan lingkungan nasional, (surabaya : airlangga university press, 1996) p. 192. see also : muhammad erwin, hukum lingkungan dalam sistem kebijaksanaan pembangunan lingkungan hidup, (bandung : refika aditama, 2011). p. 117-118. 23ibid, https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 27 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). contained in articles 97 to 120. in the prosecution of environmental crimes, the procedures for prosecution are subject to law no. 8 of 1981 concerning the criminal procedure code (kuhap). the role of investigators is also significant to collect evidence that is often scientific.24 claims for compensation and environmental restoration costs in a civil manner can be made based on article 20, paragraph 1, and paragraph 3 of the uulh through the courts. however, regarding this civil law, it is necessary to distinguish between the application of the law by the competent authority and the implementation of environmental policies and the application of civil law to enforce compliance with environmental laws and regulations.25 for the environmental law enforcement process to run optimally, it is necessary to carry out an exit strategy as an essential solution that policyholders must take in saving environmental functions. first, intensify the integration and coordination between related sectors in managing natural resources and the environment. second, there are adequate sanctions (enforceability) for stubborn waste management companies following applicable regulations. if there are indications of a criminal act, law enforcement officers can take firm action against the perpetrators/responsible for the activity. third, public participation, transparency, and democratization in the management of natural resources and the environment should be improved. environmental management will be related to three elements, namely the government, entrepreneurs, and the community. in turn, in environmental management, everyone has the same right to enjoy a good and healthy environment. it is time for law enforcement for every business and activity that burdens the environment to be optimized and intensified so that the preservation of environmental functions can be well maintained.26 integral policies as efforts to prevent environmental damage in indonesia and efforts to eradicate environmental destroyer/ pollutants in indonesia policies or efforts to combat crime against environmental destruction in indonesia are essentially an integral part of protecting society (social defense) and efforts to achieve social welfare. therefore, it can be said that the ultimate goal or primary goal of criminal politics is the "protection of society to achieve public welfare."27 winsubroto explained that criminal politics can be associated with actions:28 1) what are the government's efforts to tackle crime with criminal law; 2) how to formulate criminal law to suit the conditions of society; 3) what is the government's policy to regulate society with criminal law; 4) how to use criminal law to regulate society in order to achieve a bigger goal. this is in line with what was expressed by barda nawawi arief that criminal politics is "a rational effort of the community in overcoming crime." thus, it can be said that criminal politics 24ibid, 25muhammad asikin, penegakan hukum lingkungan dan pembicaraan di dpr-ri, (jakarta: yarsif watampone,2003). p. 37. 26janpatar simamora, dosen hukum tata negara fakultas hukum universitas hkbp nommensen (uhn) medan. harian batak pos, refleksi hari lingkungan hidup se-dunia, 5 juni 2008, powered by wordpress.com 27 ibid 28al.winusubroto, kebijakan hukumpidana dalam penanggulangan penyalahgunaan komputer (yogyakarta: universitas atmajaya yogyakarta, 1999), p. 12. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ 28 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). is also an integral part of social politics (i.e., policies or efforts to achieve social welfare). schematically, the relationship can be described as follows:29 1) crime prevention must support the goals (“goals”), “social welfare (sw), and “social defense” (sd). aspects of social welfare and social defense that are very important are social welfare/protection, which is immaterial, especially the value of trust, truth/honesty/justice. 2) crime prevention and control must be carried out with an "integral approach," that is, there is a balance between "penal" and "non-penal" means. 3) combating crime utilizing "penal" is a "penal policy" or penal law enforcement policy whose functionalization/operationalization goes through several stages: a. formulation stage (legislative policy); b. application stage (judicial/judicial policy); c. execution stage (executive/administrative policy). with the "formulation" stage of the rules regarding the environment, efforts to tackle environmental crimes are not only the task of law enforcement officers but also the task of lawmaking officials (legislative officers); even legislative policy is the most strategic stage of "penal policy." therefore, errors/weaknesses in legislative policies are strategic mistakes that can become an obstacle to crime prevention efforts at the application and execution stages.30 according to bambang poernomo, that according to the science of criminal law, crime prevention can be viewed from two aspects, namely: a. preventive countermeasures, namely actions taken to launch at the time before unlawful acts in real terms. countermeasures are also preventive measures because they can use non-legal means, such as guarding, shadowing, signaling, etc. b. repressive countermeasures are the actions of legal officers against someone's actions committed after a violation of the law. combating this crime begins after the occurrence of a violation of the law. this countermeasure starts from the investigation and preparation of evidence by the police, prosecution by the prosecutor, then proceeds to an examination by a judge who prioritizes analysis of events that result in violation (primary) and the relevant (minor) legal rules to obtain a legal decision (conclusion) and ends with the execution of the decision.31 according to m. hamdan, crime prevention can use two policies: using a penal policy (using criminal sanctions) and using non-penal policies (using administrative sanctions, civil sanctions, etc., unfortunately, m. hamdan's ideas are related to non-penal policies). penalties (using administrative sanctions, civil sanctions) are not explained in more detail than barda nawawi arief and bambang poernomo, who emphasized that the non-penal policy in crime prevention is to take preventive steps before a crime occurs.32 strategies for preventing environmental damage in indonesia and eradicating environmental pollutants in indonesia 29 barda nawawi arief, , masalah penegakan hukum dan kebijakan hukum pidana dalam penanggulangan kejahatan, (jakarta: kencana predana media group, 2007), p. 77-78. 30 ibid., p. 39. 31bambang poernomo, orientasi hukum acara pidana, yogyakarta: amastata buku, 1998), p. 90. 32m. hamdan, 1996, politik hukum pidana, pt radja grafindo persada, jakarta, p.26. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 29 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). in the context of enforcing environmental law as an effort to prevent environmental damage in indonesia, there are several things that need to be considered, including:33 a. handling environmental problems at this time should be placed as part of the process of reforming the legal system, in which it is necessary not only to complete the legal provisions but also the ability of the judiciary to absorb legal values that develop in society. b. handling environmental problems is not only approached in terms of the application of criminal or civil sanctions but also needs to be done accumulatively with administrative sanctions, because in reality, the standard of law violation or environmental crime always starts from the existence of administrative actions, both licensing and the application of environmental quality standards c. the police should develop structuring models other than criminal, especially using the information to incentivize and disincentives to anyone who pollutes and destroys the environment. d. the judiciary needs to apply the principle of strict liability and polluters payments to parties polluting and destroying natural resources. e. participation in environmental management includes the role of individuals as parties subject to regulations and the participation of groups and other social organizations. f. community members are expected to always actively participate in it, for example, reporting to the competent authorities for violations of environmental law and efforts to hide the reporter's identity to protect the reporting witness. the development that is carried out is certainly expected to provide benefits in the form of favorable conditions. however, on the other hand, we are also dealing with environmental risks (environmental risk) or an adverse situation, so to secure development in the environmental sector, it should be done seriously from the planning, implementation stage to the assessment stage, as well as aspects of law enforcement, become very important as an effort to fight environmental destroyers/polluters in indonesia.34 conclusion making the environment clean, undamaged, and not polluted is a form of environmental preservation, but environmental destruction and pollution are severe threats to indonesia's environmental sustainability. the provisions of article 33 paragraph (3) of the 1945 constitution states that: "earth and water and the natural resources contained therein are controlled by the state and used as much as possible for the prosperity of the people." the implementation of this article cannot be carried out optimally. the use of earth and water and natural resources for the prosperity of the people in indonesia has not been going well. this is caused by the increasing prevalence of environmental pollution in indonesia, both water pollution, air pollution, and soil pollution. the disturbed balance of the environment needs to be restored to its function as a giver of life and benefit for the welfare of society and intergenerational justice by increasing the development and enforcement of the law. therefore, it is necessary to optimize environmental law enforcement and implement integral policies to prevent environmental damage in indonesia 33muhammad erwin, hukum lingkungan dalam sistem ….. p. 121-122. 34ibid, p. 123. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ 30 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). and efforts to eradicate environmental destroyers/polluters in indonesia. this aims to maintain nature and aims to solve environmental problems in indonesia, especially those caused by human activity. in this case, the enforcement can be through civil law, administrative and criminal law, to overcome and take action against the perpetrators of pollution, depletion, and environmental destruction and create a good, healthy, beautiful, and comfortable environment for all people. references abdurrahman, pengantar hukum lingkungan indonesia, bandung : pt citra aditya bakti, 2000. andi hamzah, penegakan hukum lingkungan, arikha media cipta, jakarta, 1995 ___________, penegakan hukum lingkungan, jakarta: sinar grafika, 2005. al.winusubroto, kebijakan hukumpidana dalam penanggulangan penyalahgunaan komputer, yogyakarta: universitas atmajaya yogyakarta, 1999. barda nawawi arief, bunga rampai kebijakan hukum pidana, cetakan ke-3, bandung: pt citra aditya bakti, 2005. ___________, masalah penegakan hukum dan kebijakan hukum pidana dalam penanggulangan kejahatan, jakarta: kencana predana media group, 2007. bambang poernomo, orientasi hukum acara pidana, yogyakarta: amastata buku, 1988. c.s.t. kansil, pengantar ilmu hukum dan tata hukum indonesia, balai pustaka ,jakarta: 1989. david weir dan marc scarpiro, lingkaran racun pestisida, jakarta : sinar harapan, 1985. john salindeho, masalah tanah dalam pembangunan, jakarta: sinar grafika, 1987. jimly asshiddiqie, mantan ketua mahkamah konstitusi republik indonesia, guru besar hukum tata negara universitas indonesia, ketua dewan penasihat asosiasi hukum tata negara dan administrasi negara indonesia., http://www.docudesk.com janpatar simamora, dosen hukum tata negara fakultas hukum universitas hkbp nommensen (uhn) medan. harian batak pos, refleksi hari lingkungan hidup se-dunia, 5 juni 2008, http://www.powered by wordpress.com muhammad erwin, hukum lingkungan dalam sistem kebijaksanaan pembangunan lingkungan hidup, bandung: refika aditama, 2011. muhammad asikin, penegakan hukum lingkungan dan pembicaraan di dpr-ri, jakarta: yarsif watampone, 2003. m. hamdan, politik hukum pidana, jakarta: pt radja grafindo persada, 1996. moh. soerjani, rofiq ahmad dan rozy munir, lingkungan, sumber daya alam dan kependudukan dalam pembangunan, jakarta: ui press, 1987. soejono, hukum lingkungan dan peranya dalam pembangunan, jakarta: pt. rineka cipta, i996. supriadi, hukum lingkungan indonesia, sebuah pengantar, jakarta: sinar grafika, 2008. siti sundari rangkuti, hukum lingkungan dan kebijaksanaan lingkungan nasional, surabaya: airlangga university press, 1996. st. munadajat danusaputro, hukum lingkungan dan pencemaran lingkungan melandasi sistem hukum pencemaran, buku v:sektoral, bandung: bina cipta, 1986. undang-undang dasar negara republik indonesia tahun 1945. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ http://www.docudesk.com/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 31 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.4 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). undangundang nomor 23 tahun 1997 tentang pengelolaan lingkungan hidup (lembaran negara republik indonesia tahun 1997 nomor 68, tambahan lembaran negara republik indonesia nomor 3699) undang-undang nomor 23 taun 2009 tentang perlindungan dan pengelolaan lingungan hidup, lembaran negara tahun 2009 nomor 140. http://health.liputan6.com/read/542058/hari-air-sedunia-80-juta-penduduk indonesiakekurangan-air, diakses pada tanggal : 10 juli 2015, http://alamendah.org/2010/08/01/pencemaran-air-di-indonesia/, https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.4 http://creativecommons.org/licenses/by/4.0/ 54 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia research article effective and efficient synchronization in harmonization of regulations indonesia syahlan1 1balai besar pendidikan dan pelatihan kesejahteraan sosial regional i sumatera, indonesia  syahlan58@yahoo.com abstract synchronization and harmonization of legislation in indonesia are carried out by the national legal development agency and the directorate general of legislation. the national legal development agency will synchronize and harmonize laws and regulations at the planning stage and drafting the concept of laws and regulations. meanwhile, the directorate general of legislation carries out synchronization and harmonization efforts at the stage of forming the draft legislation. the absence of a definite mechanism regarding the stages of synchronization and harmonization, as well as the separation of the process into two institutions, resulted in the efforts of synchronization and harmonization being not optimal because efforts of synchronization and harmonization are stages that must be carried out in a systemic and integrated manner. this impacts the quality of the laws and regulations produced, which is the goal of synchronization and harmonization. keywords: synchronization; harmonization; legislation. introduction legislation instruments as written legal instruments have a significant role in indonesia, a state of law that idealizes the principle of the rule of law. legislation is also often identified with the law in the civil law legal system, including in indonesia.1 legal positivism is still a role model, although basically, legislation is only one part of the sub-system of legal substance or legal substance. lawrence m. friedmann, in his book, suggests that in addition to legal substance, two 1novianto m. hantoro et. al., sinkronisasi dan harmonisasi hukum penyelenggaraan otonomi daserah: studi di provinsi bali, (jakarta: p3di setjen dpr republik indonesia dan azza grafika), p. 3. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ mailto:syahlan58@yahoo.com journal of human rights, culture and legal system, volume 1, no. 1, 2021 55 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia other elements are elements of a legal system, namely legal structure, and legal culture.2 legislation is broadly divided into laws and regulations at the central level and legislation at the regional level. it is possible that there will be differences in interpretation or interpretation between laws and regulations at the center and in the regions or between basic laws and regulations and implementing regulations, resulting in synchronization and disharmony between laws and regulations in their implementation. this insynchronization and disharmony of laws and regulations is caused by 6 factors, namely: 3 1. formation is carried out by different institutions and often at different times; 2. officials authorized to form laws and regulations change, either because the term of office limits them, transfer of duties, or replacement; 3. the sectoral approach in the formation of laws and regulations is stronger than the systems approach; 4. weak coordination in the process of forming laws and regulations involving various agencies and legal disciplines; 5. public access to participate in the process of forming laws and regulations is still limited; 6. there are no definite, standard, and standard methods and methods that bind all institutions authorized to make laws and regulations. as a result of the synchrony and disharmony of these laws and regulations, there are not only differences in interpretation in their implementation. however, it can also result in legal uncertainty, ineffective and inefficient implementation of laws and regulations, and legal dysfunction, namely where the law does not function to provide behavioral guidelines to the community, social control, dispute resolution, and provide means of social change in an orderly and orderly manner.4 therefore, the arrangement of the form, arrangement, naming, procedure for preparation, determination, promulgation, revocation, or cancellation, and the management of information and its documentation must be regulated orderly and systematically.5 in other words, there is a need for hierarchical guidelines to ensure their relationship with the principle of a strict separation of powers so that there is no legal vacuum, overlapping laws, and regulations, or legislation whose material does not match the content material according to its type. confirmation of the suitability of the type of legislation with the content material also needs to be re-positioned concerning the grouping of regulations and their nature. is it binding out for all citizens (erga omnes) or binding into a specific scope only? initially, indonesia had a national legal development institute, which served as a particular agency to carry out national law development, to systematically review the colonial period legislation to realize a national legal system through the preparation of laws and regulations, then to harmonize them with the state's circumstances and interests. , proposals for the laws and 2lawrence m. friedmann, the legal system: a social perspective, (new york: russel soge foundation, 1969), p. 16. 3a. a. oka mahendra, “harmonisasi peraturan perundang-undangan”, direktorat jenderal peraturan perundangundangan, makalah kementerian hukum dan hak asasi manusia republik indonesia tahun 2012, 4ibid. 5jimly asshiddiqie, format kelembagaan negara, p. 25. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ 56 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia regulations of the dutch east indies era that need to be changed or repealed, as well as the translation and standardization of legal terms.6 in other words, the national legal development institute was formed as a planner and designer of laws and regulations in the context of realizing a national legal system. efforts to synchronize and harmonize laws and regulations have been attached to this institution. this national law development institute later changed to the national law development agency7 and focused on the task of legal planning and the preparation of the national legislation program (prolegnas). in addition to the existence of the national legal development agency, as the embodiment and refinement of the work unit at the ministry of law and human rights, a directorate general of legislation has been formed, which has several times changed its history of shade. at first, the directorate general of legislation was part of the directorate of law and legislation under the directorate of legislation. it was withdrawn to be part of the national legal development agency as a design center and returned to the ministry of law and human rights until now established as a directorate general of legislation work unit.8 with these two institutions, namely the national legal development agency and the directorate general of legislation, they should be able to work optimally to assist the government in producing quality laws and regulations that can meet the needs of national law. one way to ensure that the resulting laws and regulations are of good quality is to synchronize and harmonize them in the drafting process. efforts to synchronize and harmonize laws and regulations are the most important and inseparable part of drafting laws and regulations. good synchronization and harmonization efforts in the preparation of laws and regulations will undoubtedly impact the quality of the laws and regulations that are formed, especially in deepening the material and formulation of the resulting legislation. therefore, this effort must be carried out systemically from an early age, namely from the preparation of academic texts, the preparation of the national legislation program (prolegnas), and draft laws and regulations9. in drafting laws and regulations, the national legal development agency and the directorate general of legislation significantly role10. these two institutions are the organizational structure of the ministry of law and human rights regulated by presidential regulation of the republic of indonesia number 44 of 2015 concerning the ministry of law and human rights. with the function of each institution that has been determined in presidential regulation number 44 of 2015 concerning the ministry of law and human rights, these two institutions will coordinate the preparation of laws and regulations. if planning and evaluating legislation is in the national 6badan pembinaan hukum nasional, “sejarah berdirinya badan pembinaan hukum nasional”, bphn.go.id 7perubahan lembaga pembinaan hukum nasional menjadi badan pembinaan hukum nasional dilakukan pada tahun 1974 dengan dikeluarkannya keputusan presiden nomor 45 tahun 1974. 8direktorat jenderal peraturan perundang-undangan, “struktur organisasi direktorat jenderal peraturan perundang-undangan”, ditjenpp.kemenkumham.go.id, diakses pada hari kamis tanggal 2 juni 2016. 9ahmad m. ramli, makalah semiloka keselamatan dan kesehatan kerja nasional, “koordinasi dan harmonisasi peraturan peundang-undangan”, jakarta, 11-13 maret 2008, p.1-2. 10see article 4 peraturan presiden nomor 44 tahun 2015 tentang kementerian hukum dan hak asasi manusia, (lembaran negara republik indonesia tahun 2015 nomor 84). https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 57 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia legal development agency, then the function of drafting laws and regulations is in the directorate general of legislation. in terms of legal planning, the national legal development agency is assisted by the national legal planning center, which will coordinate the preparation of national legislation programs within the government and programs for drafting government regulations and presidential regulations.11 the center for analysis and evaluation of the national law will prepare academic texts and harmonize academic texts from the laws and regulations that will be drafted.12 these laws and regulations include laws, government regulations instead of laws, government regulations, and presidential regulations. this means that in planning the preparation of laws and regulations and conducting studies on the preparation of academic texts, it is necessary to synchronize and harmonize the laws and regulations that will be formed. do not let the planning for the preparation of laws and regulations collide with the rules that have been applied to the existing laws and regulations. meanwhile, the evaluation is also carried out by the national legal analysis and evaluation center by conducting analysis and evaluation of all legal issues and providing feedback and assistance to agencies or stakeholders, including issues of legislation in the context of strengthening the conception of national legal development.13 in this section, the national legal development agency will examine national legal issues in various fields to become the material for future national legal planning. then, in the design section, which is a function of the directorate general of legislation, efforts to synchronize and harmonize laws and regulations will be seen in the functions carried out by the directorate of legislative design, the directorate of harmonization of legislation i, and the directorate of harmonization of regulations. legislation ii. it becomes interesting when drafting laws and regulations involve two different institutions but carrying out functions related to each other and cannot be separated, namely planning for the preparation of legislation, preparing academic texts, drafting legislation, and evaluating the laws and regulations that have been established. each institution will not be able to carry out its functions partially, and apart from other institutions, good coordination between the two institutions will determine the quality of the legislation produced later. this is where the importance of synchronization and harmonization efforts is in the preparation of legislation. however, it is not clear when the synchronization and harmonization process should be carried out at the stage of forming laws and regulations. the process of synchronization and harmonization is essential to be carried out in the context of deepening the material for the formation of laws and regulations, considering the main problems in-laws and regulations are: a) 11see article 1052 huruf b peraturan menteri hukum dan hak asasi manusia republik indonesia nomor 29 tahun 2015 tentang organisasi dan tata kerja kementerian hukum dan hak asasi manusia republik indonesia, (berita negara republik indonesia nomor 1473 tahun 2015). 12see article 102 huruf e dan f peraturan menteri hukum dan hak asasi manusia republik indonesia nomor 29 tahun 2015 tentang organisasi dan tata kerja kementerian hukum dan hak asasi manusia republik indonesia, (berita negara republik indonesia nomor 1473 tahun 2015). 13see article 32 peraturan menteri hukum dan hak asasi manusia republik indonesia nomor 29 tahun 2015 tentang organisasi dan tata kerja kementerian hukum dan hak asasi manusia republik indonesia, (berita negara republik indonesia nomor 1473 tahun 2015). https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ 58 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia overlapping and inconsistency of laws and regulations; b) the formulation of laws and regulations that are not clear; and c) its implementing regulations hamper the implementation of the law. in essence, synchronization and harmonization are like interconnected and systematic cycles. when one part of the cycle breaks down, the other part breaks too. based on the explanation that has been described, it is interesting to study and analyze further the role of the national legal development agency and the directorate general of legislation in efforts to synchronize and harmonize laws and regulations because synchronization and harmonization should be a priority in the planning and drafting of legislation in order to produce quality laws and regulations that can meet the needs of national law. based on the background described, this paper will study and analyze the synchronization and harmonization of effective and efficient laws and regulations in indonesia. discussion the role of the national legal development agency legislation is a written regulation that contains legally binding norms in general and is established or determined by state institutions or authorized officials through procedures established by state institutions or authorized officials through procedures stipulated in-laws and regulations.14 furthermore, it refers to the theory of grading norms, known as stufentheorie put forward by hans kelsen, where a legal norm is always sourced and based on the norms above it15then the types of laws and regulations in indonesia are arranged into a hierarchy of laws and regulations as set out in the provisions of article 7 paragraph (1) of law number 12 of 2011 concerning the establishment of legislations, stating that the types and hierarchies of legislation consist of: a. the 1945 constitution of the republic of indonesia; b. decree of the people's consultative assembly; c. laws/government regulations in place of laws; d. government regulations; e. presidential decree; f. provincial regulations; g. city district regulations. 14see article 1 angka 2 undang-undang nomor 12 tahun 2011 tentang pembentukan peraturan perundangundangan, (lembaran negara republik indonesia tahun 2011 nomor 82, tambahan lembaran negara republik indonesia nomor 5234). 15maria farida indriati s., ilmu perundang-undangan jilid i…, p. 42. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 59 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia in its formation, every statutory regulation must go through 5 stages: planning, drafting, discussing, ratifying or determining, and finally, the promulgation stage.16 the stages in the formation of laws and regulations of each type are the same. the difference is the institutions that play a role in forming laws and regulations at the central and regional levels. at the central level, the formation of laws and regulations is carried out by the house of representatives for the formation of laws. the national legal development agency and the directorate general of legislation represent the president in terms of the formation of laws and from the government in terms of the formation of laws and regulations. others at the central level. meanwhile, legislation at the regional level is carried out by the regional house of representatives and the regional head by consulting and coordinating plans for the formation of laws and regulations at the regional level to the national legal development agency.17 essential stages in the formation of laws and regulations are the planning and drafting stages. it can be said that these two stages are the most decisive whether a statutory regulation that is formed is implementable, in harmony, and does not conflict with the 1945 constitution of the republic of indonesia, and can meet national legal needs. jurina rizal, in his paper "sociology of legislation," as quoted by atok, stated that in the procedure for the formation of legislation, there is an ante-legislative stage which consists of 4 stages, namely 1) the research stage; 2) the stage of submitting the initiative proposal; 3) design stage; 4) design submission stage.18 thus, it means that the planning and preparation stages are at this ante-legislative stage. this is where the vital function of synchronization and harmonization in the formation of laws and regulations is carried out. however, this does not mean that synchronization and harmonization of laws and regulations are only carried out at the time of their formation. synchronization and harmonization of laws and regulations are also carried out after the formation of laws and regulations through an evaluation by the center for analysis and evaluation of the national legal development agency's national law19 and testing of laws and regulations through the judiciary (judicial review). synchronization and harmonization of laws and regulations are carried out to prevent overlapping, non-complementary, non-complementary laws and regulations that do not match the content material with the type of regulation, both to higher laws and regulations well as to values that live and develop in the country. society related to the fundamental values contained in the philosophy of life in the state and the constitution as staatsgrundgezets.20 synchronization 16see article 1 angka 1 undang-undang nomor 12 tahun 2011 tentang pembentukan peraturan perundangundangan, (lembaran negara republik indonesia tahun 2011 nomor 82, tambahan lembaran negara republik indonesia nomor 5234). 17interview with arfan faiz muhlizi, kepala bidang politik, hukum, keamanan, dan pemerintahan pusat analisis dan evaluasi hukum nasional badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia on 2 agustus 2016. 18a. rosyid al atok, konsep pembentukan peraturan perundang-undangan, (malang: setara press, 2015), p. 31. 19interview with arfan faiz muhlizi, kepala bidang politik, hukum, keamanan, dan pemerintahan pusat analisis dan evaluasi hukum nasional badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia on 2 agustus 2016. 20maria farida indriati s., ilmu perundang-undangan jilid i: jenis,.. p. 45. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ 60 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia aligns and harmonizes various laws and regulations related to existing and currently drafting laws and regulations governing a particular field. this process aims to see the harmony between one regulation and the regulations above it, both vertically and horizontally. vertical synchronization is carried out by looking at whether a statutory regulation that applies in a particular field does not conflict with one another and pays attention to the chronology of the legislation in question. meanwhile, horizontal synchronization is carried out by looking at various equal laws and regulations governing the same field or related fields.21 meanwhile, legal harmonization is an effort or process that seeks to overcome the boundaries of differences, contradictory matters, and irregularities in the law. efforts or processes to realize harmony, conformity, harmony, compatibility, balance in the laws and regulations as a legal system within a unified framework of the national legal system.22 currently, the formation of laws and regulations at the central level is carried out by two institutions within the organizational structure of the ministry of law and human rights of the republic of indonesia, namely the national legal development agency and the directorate general of legislation. duties and functions related to laws and regulations at the central level, especially their formation, are assigned to these two institutions. this means that efforts are made to synchronize and harmonize the laws and regulations in these two institutions. the role of the national legal development agency and the directorate general of legislation within the scope of the legislation can be described in the following chart: chart 1.23 legislation forming process 21novianto m. hantoro et. al., sinkronisasi dan harmonisasi hukum…, p. 8. 22yordan gunawan, pentingnya harmonisasi hukum negara dan hukum islam, (yogyakarta: umy press, 2012), p. 24. 23pusat analisis dan evaluasi hukum nasional, badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia, 2 agustus 2016. perencanaan (bphn) perancangan (ditjen pp) pembahasan (ditjen pp) pengesahan (ditjen pp) pengundangan (ditjen pp) peraturan perundangundangan evaluasi (bphn) https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 61 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia the national legal development agency was first established on march 30, 1958, under the name of the national legal development institute (lphn), established based on the decree of the president of the republic of indonesia number 107 of 1958 and placed directly under the prime minister as a particular agency to carry out national legal development work, reviewing legislation -invitation to the colonial period systematically based on the aspiration to realize a national legal system. the task of the national legal development institute at that time was to assist the government in achieving a national legal system by making various efforts, including the preparation of laws and regulations that were in line with the circumstances and interests of the state and the people based on the 1945 constitution of the republic of indonesia, proposing laws and regulations from the dutch east indies era that must be changed or repealed, translation and standardization of legal terminology.24 in the period 1958-1961, the national law development institution could not function correctly due to the political and social situation at that time, which did not allow the institution to work correctly. therefore, on may 6, 1961, this institution was re-established by the decree of the president of the republic of indonesia number 194 of 1961 and is no longer under the prime minister but is under the task of the minister of justice.25 meanwhile, his task remains to carry out national legal development as required by providing the provisional people's consultative assembly number ii/mprs/1960, which regulates the provisions concerning the principles and foundations of national law development. at this time, the national legal development institute has a planning agency that establishes the lines and basics and the work procedures for implementing the agency's duties.26 in 1964, the national law development institute was renewed by simplifying its membership. then in 1965, after the g 30 s/pki incident, the national law development institute continued to operate based on the decree of the president of the republic of indonesia number 282 of 1964.27 in 1967 the mprs leadership submitted a letter to the chair of the presidium of the cabinet and the chair of the dpr-gr so that the position of this institution was placed under the president. in 1974, through the third national law seminar and with presidential decree no. 45/1974, the national law development agency was changed to the national law development agency and had a position as echelon i under the ministry of justice.28 based on its history, as we have seen, initially, the national legal development agency was formed to assist the president in carrying out national law development in the national legal system, especially related to statutory regulations. starting from reviewing existing laws and regulations to drafting laws and regulations to meet national legal needs based on the constitution of the republic of indonesia. however, the national legal development agency then adjusted its function to the needs of the present, following the presidential regulation of the republic of indonesia number 44 of 2015 concerning the ministry of law and human rights, 24 ibid. 25 ibid. 26 ibid. 27 ibid. 28 ibid. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ 62 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia the role of the national legal development agency in drafting laws and regulations, can be seen from its function, as follows: 29 1. formulation of technical policies, programs, and budgets in the field of national legal development; 2. implementation of legal analysis and evaluation, legal planning, legal counseling, and assistance, as well as legal documentation and information networks; 3. monitoring, evaluation, and reporting on the implementation of legal analysis and evaluation, legal planning, legal counseling, and assistance, as well as legal documentation and information networks; 4. implementation of the administration of the national legal development agency; and 5. implementation of functions assigned by the minister. to carry out its functions, the national legal development agency is assisted by the secretariat of the agency, the national center for legal analysis and evaluation, the national legal planning center, the national legal counseling center, and the national legal documentation and information network center. based on the functions described, the national legal development agency no longer plays a role in drafting laws and regulations at the central level as a whole. in the formation of laws and regulations, the national legal development agency only plays a role in planning the formation of laws and regulations and preparing academic papers, then evaluating the laws and regulations. planning for the formation of legislation at the national legal development agency is carried out by the national legal planning center in coordination with the center for legal analysis and evaluation. although the national legal development agency does not play a role in drafting laws and regulations at the central level, the national legal development agency has the task of conducting academic studies and research to provide recommendations for guidelines for drafting laws and regulations and preparing academic papers that are used as guidelines for making laws and regulations.30 this is where the function of synchronization and harmonization of laws and regulations runs in forming laws and regulations. in addition, the function of synchronization and harmonization of laws and regulations is also carried out in the context of evaluating the laws and regulations that have been formed and implemented previously. chart 2.31 29see article 39 peraturan presiden nomor 44 tahun 2015 tentang kementerian hukum dan hak asasi manusia, (lembaran negara republik indonesia tahun 2015 nomor 84). 30interview with arfan faiz muhlizi, kepala bidang politik, hukum, keamanan, dan pemerintahan pusat analisis dan evaluasi hukum nasional badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia on 2 agustus 2016. 31pusat analisis dan evaluasi hukum nasional, badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia, 2 agustus 2016. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 63 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia the role of the national legal development agency in the formation of legislation academic papers are manuscripts of research results or legal studies and other research results on a particular problem that can be scientifically justified regarding regulating the problem in a draft law, draft provincial regulation, or draft regency/city regional regulation as a solution to problems and needsthe academic paper will contain the background, objectives of the preparation, the objectives to be realized, and the scope, scope, object, or direction of law regulation. therefore, the activities carried out at the center for legal analysis and evaluation at the national legal development agency in planning the formation of laws and regulations, compiling academic papers, and evaluating the laws and regulations that have been formed, can be said to be almost entirely academic activities.32 efforts to synchronize and harmonize laws and regulations at this stage are the most basic and are carried out in the form of: 33 1) academic studies and researches on various existing laws and regulations by involving academics in scientific discussions related to the plan to establish a statutory regulation; 2) harmonization with principles, theories, dogmas, values that live and develop in society; and 3) synchronization with related laws and regulations both vertically and horizontally; the studies, research, and scientific discussions are then compiled into an academic paper and recommendations, which will later be used as guidelines in designing a statutory regulation carried out by the directorate general of legislation.34 then synchronization is also carried out after the establishment and implementation of laws and regulations. recommendations on 32interview with arfan faiz muhlizi, kepala bidang politik, hukum, keamanan, dan pemerintahan pusat analisis dan evaluasi hukum nasional badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia on 2 agustus 2016. 33interview with arfan faiz muhlizi, kepala bidang politik, hukum, keamanan, dan pemerintahan pusat analisis dan evaluasi hukum nasional badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia on 2 agustus 2016. 34interview with arfan faiz muhlizi, kepala bidang politik, hukum, keamanan, dan pemerintahan pusat analisis dan evaluasi hukum nasional badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia on 2 agustus 2016. the national legal planning center proposes a plan for the formation of legislation the national law analysis and evaluation center conducts studies, research, and scientific discussions related to plans to form laws and regulations and prepare an academic paper. academic papers and/or recommendations as guidelines for drafting legislation https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ 64 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia evaluating these laws and regulations are used to improve legal planning, which will be included in the medium term development plan and the upcoming long term development plan.35 efforts to synchronize and harmonize effective and efficient laws and regulations in indonesia legislation must be prepared in a planned, integrated, and systematic manner and supported by definite and binding methods and methods for all institutions authorized to make laws and regulations.36 in order to produce integrated and systematic laws and regulations, it is necessary to pay close attention to the process since the planning and preparation stages are the most critical stages. this is because, at this stage, it is the ideal time for synchronization and harmonization of laws and regulations. indonesia should start building a legal policy that is responsive to social needs, in addition to providing legal certainty. if it is associated with laws and regulations, it means that the state has the task of producing laws and regulations that can meet the community's legal needs for the long term, not only in the short term. the culture of forming laws and regulations in indonesia no longer reflects the legal function as stated by roscoe pound; namely, the law is a social engineering tool. in other words, the laws and regulations in indonesia have not produced laws that are lasting and can direct the public to follow and obey the law.37 as a result, there are so many laws and regulations that have to be formed when an event occurs because there are no laws and regulations that regulate it. when the event ends, the laws and regulations that are formed seem to end too. it can be said that the validity period is relatively short, as short as the events that accompany it. the more laws and regulations are formed, the more problems there are, such as overlapping, contradicting higher regulations, the formulation of laws and regulations that are less clear, the implementation of the law being hampered by its implementing regulations, to problems with laws and regulations—implementing legislation that has more and more derivatives and produces different interpretations from the laws and regulations that instruct it, either between laws and regulations at the center and in the regions or between the primary laws and regulations and implementing regulations. this is synchronization and disharmony will, of course, also have an impact on legal certainty. such laws and regulations depart from the neglect of material deepening, coordination, synchronization, and harmonization. there are at least six factors that cause the occurrence of synchronization and disharmony of laws and regulations, namely: 1. formation is carried out by different institutions and often at different times; 2. officials authorized to form laws and regulations change, either because the term of office limits them, transfer of duties, or replacement; 35interview with arfan faiz muhlizi, kepala bidang politik, hukum, keamanan, dan pemerintahan pusat analisis dan evaluasi hukum nasional badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia on 2 agustus 2016. 36ahmad m. ramli, 2008, makalah semiloka keselamatan dan kesehatan…, op.cit., p. 3. 37muchsan, catatan perkuliahan pada mata kuliah politik hukum program magister hukum fakultas hukum universitas gadjah mada pada hari jum’at tanggal 16 oktober 2015. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 65 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia 3. the sectoral approach in the formation of laws and regulations is stronger than the systems approach; 4. weak coordination in the process of forming laws and regulations involving various agencies and legal disciplines; 5. public access to participate in the process of forming laws and regulations is still limited; 6. there are no definite, standard, and standard methods and methods that bind all institutions authorized to make laws and regulations.38 when a statutory regulation begins to be planned for its formation, on that basis, synchronization and harmonization efforts should also be prepared for it. however, even though at the stage of forming laws and regulations in indonesia, there is no synchronization and harmonization of laws, there is no definite way and method regarding the mechanism for synchronization and harmonization of laws and regulations.39 synchronization and harmonization of legislation that occurs, the mechanism is left to the institution in charge of the formation of laws and regulations. previously, it was found that presidential regulation number 61 of 2005 concerning procedures for the preparation and management of the national legislation program which regulates the mechanism for harmonization, unanimity, and consolidation of the conception of the draft law, but then the presidential regulation did not go well, because it was formed after the formulation of the legislation program national year 2005-2009 based on the decree of the house of representatives of the republic of indonesia number 01/dprri/iii/2004-2005 concerning approval of stipulation of national legislation program 20052009 dated february 1, 2005.40 then, after law number 10 of 2004 concerning the establishment of legislation was replaced with law number 12 of 2011 concerning the establishment of legislation, presidential regulation number 87 of 2014 concerning implementing regulations of law number 12 of 2011 concerning formation of legislation which includes procedures for the preparation of the national legislation program, the preparation of academic papers, the preparation of draft laws outside the national legislation program, and the preparation of other laws and regulations. however, presidential regulation number 87 of 2014, which was then followed by regulation of the minister of law and human rights number 20 of 2015 concerning procedures and procedures for harmonization, unification, and consolidation of the conception of draft legislation, also does not regulate in detail and details regarding the mechanism and procedures for synchronization and harmonization in the formation of laws and regulations, when efforts to synchronize and harmonize laws and regulations begin to be carried out, what are the stages of synchronization and harmonization, but only regulate provisions that are general and administrative in the formation of laws and regulations. the absence of definite ways and methods regarding the mechanism of synchronization and harmonization of laws and regulations creates sectoral egos from each relevant agency when 38 aa oka mahendra, “harmonisasi peraturan…, tanpa halaman. 39 ahmad m. ramli, makalah semiloka keselamatan dan kesehatan…, p. 12. 40ibid., p. 18. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ 66 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia discussing the preparation of draft laws and regulations. in addition, the absence of a common perception of the draft laws and regulations as a system causes the discussion of the material of legislations to be not comprehensive. also, it becomes an obstacle to synchronization and harmonization efforts, so often, laws and regulations that have been designed are in sync and disharmony between one regulation and another. other laws and regulations. then, bayu dwi anggono, in his dissertation, stated that in the practice of making laws, it is often found that lawmakers do not comply with the principles so that many laws and regulations are found that are not following their type, even unfit to be appointed as a law.41 the formation of laws and regulations is only understood as procedural administration without paying attention to its material. there is a shift in the understanding of material laws and regulations into formal laws and regulations. this is due to the inconsistent mechanism for synchronization and harmonization of laws and regulations due to the lack of certainty of the mechanism in terms of methods and methods. roscoe pound, as quoted by indriati s., maria farida, stated: that the formulation of the concept of systemic steps for harmonization of law is a general framework that provides guidelines in the adjustment of legal principles and systems in the process of forming laws and regulations, in the context of realizing laws that are harmonious, integrated, consistent and adhere to the principles.42 the harmonization of the national legal system lays down the mindset that underlies the preparation of the legal system within the framework of the national legal system, which includes: a) the legal material component or legal system consists of external legal order, namely statutory regulations, unwritten law including customary law and jurisprudence, as well as internal legal order, namely the legal principles that underlie it; b) components of the legal structure and its institutions, which consist of various institutional bodies or public institutions and their officials; and c) the legal culture component, which includes the attitudes and behavior of officials and community members concerning other components in the process of organizing social life.43 based on roscoepound's opinion, it can be formulated to produce an effective and efficient effort to synchronize and harmonize laws and regulations. there are at least several things that must be considered. first, there must be a definite way and method regarding the synchronization and harmonization mechanism of legislation so that implementing institutions have clear guidelines regarding what aspects must be synchronized and harmonized and the stages. this is done to minimize the sectoral ego of each agency because it must follow a clearly defined mechanism. as stated by ahmad m. ramli, it will be a problem if the material deepening, coordination, synchronization, and harmonization are ignored in the process of forming laws and 41bayu dwi anggono, hukum online, “terjadi pergeseran pemahaman dalam pembentukan undang-undang”, www.hukumonline.com, 42maria farida indriati s., ilmu perundang-undangan jilid i….,p. 610. 43kusnu goesniadhie s., harmonisasi hukum dalam…, p. 10. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ http://www.hukumonline.com/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 67 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia regulations. synchronization and harmonization of laws and regulations must be priorities in the framework of national law development. given the importance of synchronization and harmonization of laws and regulations, efforts to synchronize and harmonize laws and regulations must be carried out systemically from an early age, namely since the preparation of academic papers, preparation of the national legislation program, to the preparation of draft laws. second, the institution that carries out the synchronization and harmonization should be left to an independent institution and carry out its functional tasks to the fullest. this means that all matters concerning the formation of laws and regulations are left to only one institution, starting from planning, preparing academic texts, and drafting laws and regulations, to evaluating the laws and regulations that are formed. this is intended so that the ideas of the laws and regulations formed are interpreted appropriately following the academic texts made into the draft laws and regulations. in addition, if this task is left to only one institution, it will facilitate the process of synchronization and harmonization itself because it has been systematically regulated to produce legislation that is complete and unified with one another. this effort must be carried out on an ongoing basis. in other words, when synchronizing and harmonizing a statutory regulation since the preparation of the academic paper, the synchronization and harmonization efforts should become recommendations that need to be considered for synchronization and harmonization at the next stage, namely at the stage of drafting legislation. it is better to maintain consistency in synchronizing and harmonizing laws and regulations. it is still carried out by one institution from the beginning of planning the formation and preparation of academic papers to prepare draft laws and regulations. in this case, according to researchers, it is more appropriate if carried out by the development agency national law. even though they are under the same auspices and work in the legislative drafting team, the national legal development agency and the directorate general of legislation certainly have different views regarding efforts to synchronize and harmonize laws and regulations. even though synchronization and harmonization have been carried out at the planning and preparation stage of the academic paper, along with recommendations for the preparation of draft laws and regulations, in some conditions, there will be differences of opinion when it is stated in the form of draft legislation. this difference will undoubtedly result in the incompatibility of the ideas in the preparation of the academic paper with what will be poured into the draft legislation. thus, efforts to synchronize and harmonize laws and regulations become ineffective and inefficient when carried out by two institutions. in addition, when draft legislation has become a statutory regulation, the task of evaluation is returned to the national legal development agency. when it is found that provisions are out of sync and disharmony, the national legal development agency can only conduct studies and provide recommendations for improvements to existing laws and regulations through the center for legal analysis and evaluation. the follow-up to this recommendation is not immediately possible. improvements to evaluating new laws and regulations can be made after the recommendations are included in the medium term development plan and the long term development plan. the spirit of forming the national law development institute, which https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ 68 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia was later changed to the national law development agency, brings hope for the creation of a national law that is in line with the 1945 constitution of the republic of indonesia and can meet the needs of national law by conducting comprehensive guidance on the national legal system. this is following the vision and mission of the national legal development agency. the vision is that the community will obtain legal certainty, and its mission is as follows:44 1. realizing quality laws and regulations; 2. realizing quality legal services; 3. realizing quality law enforcement; 4. realizing respect, fulfillment, and protection of human rights; 5. realizing administrative management services of the ministry of law and human rights; as well as 6. to create a professional and integrity ministry of law and human rights apparatus. thus, it is more appropriate if the affairs of synchronization and harmonization of laws and regulations as a whole starting from planning, preparation of academic texts, drafting laws and regulations, and evaluations are submitted to the national legal development agency as an institution that was formed from the start to handle legal development issues. especially in-laws and regulations, following its mission, namely "to create quality laws and regulations." this means that the maximization of functions can be carried out at the national legal development agency by strengthening its functional duties by reuniting the directorate general of laws and regulations to become part of the national legal development agency. the problem of synchronization and harmonization of laws and regulations will become a complete system under one national legal development agency institution. with the direction of a one-door system related to planning and drafting laws and regulations, particularly the problem of synchronization and harmonization, later, under the national legal development agency, improvements to the national legal system, especially issues of legislation, can be carried out systemically and sustainably. it starts from the inventory of laws and regulations, planning the formation of laws and regulations, preparing academic papers and studies for the formation of laws and regulations, drafting laws and regulations, and evaluating the laws and regulations that are formed. so, improvements to the statutory regulations can be carried out more quickly, of course with the hope of a regulation that requires all agencies, both those that will form and those that already have laws and regulations, to register them with the national legal development agency for maximum synchronization and harmonization efforts. so that in the future, it will produce quality, long-lived, and implementable legislation. thus, based on the results of the synchronization and harmonization carried out by the national legal development agency, statutory regulation is declared to be synchronous, harmonious, and eligible to apply as a statutory regulation or feasible to be submitted as a draft 44badan pembinaan hukum nasional, “visi dan misi”, bphn.go.id, diakses pada hari kamis tanggal 18 agustus 2016. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 69 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia statutory regulation. the issue of the publication of laws and regulations must also be arranged in such a way to facilitate efforts to synchronize and harmonize laws and regulations. in other words, the authority to publish laws and regulations is also delegated to the national legal development agency so that the publication of laws and regulations that reach the public can be adequately controlled, especially concerning newly issued laws and regulations. amended, canceled by the constitutional court, or revoked and no longer valid as statutory regulation. if the directorate general of legislation wants to maintain its existence, in the opinion of researchers, the directorate general of legislation is better off given an institutional administrative task. in other words, the directorate general of legislation acts as the first post to take care of the administrative needs of statutory issues such as handling the submission of plans for the formation of legislation from the initiator, publications, as well as being a liaison between the initiator and the national legal development agency in a committee. inter-ministry in terms of the formation of legislation. although an inter-ministry committee is formed in the formation of legislation, synchronization and harmonization are carried out separately, both by the national legal development agency and by the directorate general of legislation. whereas in the early stages of planning the formation of laws and regulations and preparing academic texts, the national legal development agency has also carried out similar synchronization and harmonization efforts. in addition, the two institutions also conduct separate evaluations of the prevailing laws and regulations, in which the results of the evaluations are included in separate recommendations. the establishment of the directorate general of legislation as a separate unit which is expected to assist the task of the national legal development agency in terms of the formation of laws and regulations, has not been effective. in fact, in the field, it is still found that many laws and regulations are produced in synchrony and disharmony with one another, are not implemented, and are short-lived. this means that separating the task of establishing laws and regulations into two institutions is still ineffective and efficient in producing synchronous, harmonious, implementable, and responsive laws. it is not an easy thing to improve the national legal system, especially laws and regulations. however, suppose the government is serious and has a long-term goal to produce quality laws and regulations. in that case, it should start from the most basic stage, namely controlling the formation and evaluation of laws and regulations through efforts to improve synchronization and harmonization of laws and regulations. conclusion based on the description discussed in the description above, a conclusion can be drawn from this paper: first, efforts to synchronize and harmonize laws and regulations must begin at the planning stage of their formation. in carrying out the duties and functions of synchronization and harmonization of laws and regulations, both at the formation stage and the evaluation stage, it is carried out separately and not systematically. in addition, there are no regulations regarding the exact method and method regarding the synchronization and harmonization mechanism, so that the legislators tend to ignore this stage, which can be seen from the quality of the laws and https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ 70 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia regulations produced. thus, the synchronization and harmonization of laws and regulations that are carried out are ineffective and efficient. second, in the context of realizing the quality and enforceable laws and regulations as progressive laws, synchronization and harmonization efforts must be carefully considered. establishing definite ways and methods regarding the mechanism and rearranging the inventory and publication of laws and regulations are ways that can be taken to be able to produce quality laws and regulations and control the laws and regulations that are issued because synchronization and harmonization efforts are processes that greatly determine the quality of statutory regulation and determine whether or not the legislation is implemented. references asshidiqie, jimly, 2004, format kelembagaan negara dan pergeseran kekuasaan dalam uud 1945, fh uii press, yogyakarta. atok, a. rosyid al, 2015, konsep pembentukan peraturan perundang-undangan, setara press, malang. farida indriati s., maria, 2007, ilmu perundang-undangan jilid i: jenis, fungsi, dan materi muatan, kanisius, yogyakarta. goesniadhie s., kusnu, 2006, harmonisasi hukum dalam perspektif perundang-undangan (lex specialis suatu masalah), jp books, surabaya. gunawan, yordan, 2012, pentingnya harmonisasi hukum negara dan hukum islam, umy press, yogyakarta. hantoro, novianto m. et. al., 2012, sinkronisasi dan harmonisasi hukum penyelenggaraan otonomi daserah: studi di provinsi bali, p3di setjen dpr republik indonesia dan azza grafika, jakarta m. friedmann, lawrence, 1969, the legal system: a social perspective, russel soge foundation, new york. marzuki, peter mahmud, 2013, penelitian hukum , kencana, jakarta. md, mahfud, 2005, perdebatan hukum tata negara pasca reformasi, rajawali press, jakarta. soekanto, soerjono, 1986, pengantar penelitian hukum, ui press, jakarta. peraturan menteri hukum dan hak asasi manusia republik indonesia nomor 29 tahun 2015 tentang organisasi dan tata kerja kementerian hukum dan hak asasi manusia republik indonesia, (berita negara republik indonesia nomor 1473 tahun 2015). gusman, delfina, 2013, makalah hukum tata negara, “problematika dalam pembentukan peraturan perundang-undangan di indonesia”, fakultas hukum universitas andalas, padang. m. ramli, ahmad, 2008, makalah semiloka keselamatan dan kesehatan kerja nasional, “koordinasi dan harmonisasi peraturan peundang-undangan”, jakarta, 11-13 maret. mahendra, aa oka, 2012, makalah, “harmonisasi peraturan perundang-undangan”, direktorat jenderal peraturan perundang-undangan kementerian hukum dan hak asasi manusia. sapto budoyo, “konsep langkah sistemik harmonisasi hukum dalam pembentukan peraturan perundang-undangan”, jurnal ilmiah civis, volume iv, no. 2, juli 2014. arfan faiz muhlizi, 2016, kepala bidang politik, hukum, keamanan, dan pemerintahan, pusat analisis dan evaluasi hukum nasional badan pembinaan hukum nasional kementerian hukum dan hak asasi manusia republik indonesia, 2 agustus. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 71 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.7 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). © author(s). this work is licensed under a creative commons attribution 4.0 international license . published by research and social study institute, indonesia anggono, bayu dwi, 2016, hukum online, “terjadi pergeseran pemahaman dalam pembentukan undang-undang”, www.hukumonline.com. badan pembinaan hukum nasional, 2016, bphn.go.id. direktorat jenderal peraturan perundang-undangan kementerian hukum dan ham, 2016, ditjenpp.kemenkumham.go.id kamus besar bahasa indonesia, 2016, kbbi.web.id. perpustakaan bappenas, 2016, perpustakaan.bappenas.go.id. direktorat jenderal tata ruang kementerian agraria dan tata ruang, 2016, www.penataanruang.net https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.7 http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ https://www.ressi.id/ http://www.hukumonline.com/ http://ditjenpp.kemenkumham.go.id/ journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 191 https://doi.org/10.53955/jhcls.v2i3.55 journalhumanrightslegalsystem@gmail.com the changing of environmental approval administrative law perspective fitri nur aini prasetyoa abdul kadir jaelania* afaculty of law, universitas sebelas maret, surakarta, indonesia. *corresponding author: jaelaniabdulkadir@staff.uns.ac.id 1. introduction the dpr ri passed law no. 11 of 2020 on job creation on october 5, 2020. (job creation law). using the omnibus law technique, the job creation law has eliminated and/or modified and merged several applicable laws into a single statute. so that law number 32 of 2009 concerning environmental protection and management is one of the affected regulations (uupplh).1 the renaming of environmental permits to environmental approvals is one of the issues highlighted by the job creation act. the job creation law defines environmental approval as a decision on environmental feasibility or a statement of the ability to manage the environment, which has been approved by the central or regional government.2 1mahrus ali and m. arif setiawan, ‘penal proportionality in environmental legislation of indonesia’, cogent social sciences, 8.1 (2022), 1–13 https://doi.org/10.1080/23311886.2021.2009167 2gregory rose, ‘australian law to combat illegal logging in indonesia: a gossamer chain for transnational enforcement of environmental law’, review of european, comparative and international environmental law, 26.2 (2017), 128–38 https://doi.org/10.1111/reel.12206 a r t i c l e i n f o a b s t r a c t article history received: july 25, 2021 revised: september 23, 2022 accepted: november 17, 2022 the renaming of environmental permits to environmental agreements is one of the issues highlighted by the job creation law. environmental approvals were deemed to not meet the licensing requirements of the state administrative law, so they could potentially not be challenged in court like environmental permits. this change prompted opposition from various groups. the purpose of this study is to identify the characteristics of environmental approval from the standpoint of state administrative law. this is normative law (doctrinal) research with a statutory and a conceptual approach (conceptual approach). environmental approvals in the job creation law can be classified as permits under state administrative law, and environmental approvals are granted to business actors, according to the findings of this study. this is an open-access article under the cc–by 4.0 license. keywords administrative; environmental; permits; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:jaelaniabdulkadir@staff.uns.ac.id https://doi.org/10.1080/23311886.2021.2009167 https://doi.org/10.1111/reel.12206 https://creativecommons.org/licenses/by/4.0/ 192 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) environmental approvals were deemed to not meet the licensing requirements of the state administrative law, so they could potentially not be challenged in court like environmental permits. consequently, this change sparked opposition from various groups.3 permit is a product of administrative law, whereas "approval" is more discretionary on the part of an authority. thus, changing the definition of "permit" to "approval" has significant legal implications. the loss of administrative authority for communities to issue environmental approvals is one of the actual consequences. regarding the previous licensing concept, article 1 number 35 uupplh states, "environmental permits are permits granted to anyone who conducts a business and/or activity that requires an amdal or ukl-upl in the context of environmental protection and management as a prerequisite for obtaining business and activity permits.4 then, article 1 number 36 uupplh explains that permits for conducting businesses and/or activities are issued by specialized agencies. based on these provisions, law no. 32 of 2009 defines licensing as an environmental permit as a prerequisite for obtaining business and/or activity permits. the provisions that follow explain that if the environmental permit is revoked, the business and/or activity permit is also canceled.5 the ciptaker law has changed the licensing provisions in the uupplh, which previously used a license-based approach to a standard and risk-based approach (risk-based approach/rba) as stipulated in government regulation number 5 of 2021 concerning the implementation of risk-based business licensing. based on these provisions, the issuance of permits is carried out by the central government based on the calculation of the value of the level of danger and the value of the potential for harm to aspects of health, safety, environment and/or resource utilization.6 in addition, the job creation law simplifies the licensing process by integrating environmental permits into business licensing. the consequence of this provision is that if the person in charge of a business commits a violation, for 3asmah asmah and shinta nurhidayati salam, ‘a law-abiding behaviour of the indigenous peoples in realizing environmental law enforcement in south sulawesi , indonesia’, caspian journal of environmental sciences, 20.2 (2022), 431–35 https://doi.org/10.22124/cjes.2022.5592 4nathalina naibaho and others, ‘criministrative law: developments and challenges in indonesia’, indonesia law review, 11.1 (2021), 1–14 https://doi.org/10.15742/ilrev.v11n1.647 5arifin ma’ruf, ‘legal aspects of environment in indonesia: an efforts to prevent environmental damage and pollution’, journal of human rights, culture and legal system, 1.1 (2021), 2021. https://doi.org/10.53955/jhcls.v2i1.24 6nurfaika ishak and romalina ranaivo mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/10.53955/jhcls.v2i1.24 https://www.jhcls.org/index.php/jhcls https://doi.org/10.22124/cjes.2022.5592 https://doi.org/10.15742/ilrev.v11n1.647 https://doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.53955/jhcls.v2i1.24 issn 2807-2812 journal of human rights, culture and legal system 193 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) example, in terms of standards and procedures for environmental management, the main permit, namely the business permit, will be affected.7 pollution and environmental damage should be minimized with environmental licensing mechanisms. multiple interpretations of the meaning of environmental agreements will result in the non-functioning of legal products and ultimately thwart achieving social and environmental responsibility goals. there are two enforcements in environmental administrative enforcement: preventive (prevention) and repressive (administrative sanctions).8 licensing is a government instrument that can monitor and control all business activities carried out by the community, legal entities (companies), or other businesses. permits are an instrument of government action as a public authority that allows or disallows an activity that impacts the environment. the government's results of supervision in granting business permits can be followed up by enforcing environmental administrative and criminal laws.9 this article will discuss the characteristics of environmental approval in law no. 11 of 2020 concerning job creation as a juridical instrument to prevent environmental pollution and damage. the author will examine the arrangements regarding environmental approvals in the job creation law and its derivative regulations.10 further regulations governing environmental approvals are government regulation number 22 of 2021, concerning the implementation of environmental protection and management and government regulation number 5 of 2021, concerning the implementation of risk-based business licensing. 2. research method legal research is a process of finding the truth of coherence that looks at the conformity of existing rules with legal norms, conformity of norms in the form of existing orders and prohibitions with legal principles, and conformity of one's actions with legal norms and principles.11 this legal research is normative (doctrinal) legal research with a statutory and conceptual approach. this research is prescriptive and applied by examining legal materials (library based), including 7fatma ulfatun najicha and others, ‘the conceptualization of environmental administration law in environmental pollution control’, journal of human rights, culture and legal system, 2.2 (2022), 87–99 https://doi.org/10.53955/jhcls.v2i2.44 8abdul kadir jaelani and muhammad jihadul hayat, ‘the proliferation of regional regulation cancellation in indonesia’, journal of human rights, culture and legal system, 2.2 (2022), 121–38 https://doi.org/10.53955/jhcls.v2i2.38 9hilaire tegnan and others, ‘mining corruption and environmental degradation in indonesia: critical legal issues’, bestuur, 9.2 (2021), 90–100 https://doi.org/10.20961/bestuur.v9i2.55219 10rian saputra and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022), 1–13 https://doi.org/10.53955/jhcls.v2i1.21 11rian saputra and others, ‘reform regulation of novum in criminal judges in an effort’, jils (journal of indonesian legal studies), 6.2 (2021), 437–82 https://doi.org/https://doi.org/10.15294/jils.v6i2.51371 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i2.44 https://doi.org/10.53955/jhcls.v2i2.38 https://doi.org/10.20961/bestuur.v9i2.55219 https://doi.org/10.53955/jhcls.v2i1.21 https://doi.org/https:/doi.org/10.15294/jils.v6i2.51371 194 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) primary and secondary legal materials relevant to the discussion of environmental approval arrangements.12 legal material analysis technique using the syllogism method through a deductive mindset. there are 2 (two) premises in a deductive mindset that are useful for building an analysis of legal issues. namely, the major premise is the applicable legal rules. in this study, the major premise used is all laws and regulations related to environmental approval.13 while the minor premise, namely legal facts or empirical conditions in implementing the rule of law. then from the 2 (two) premises, a conclusion is drawn. 3. results and discussion humans are creatures that think and interpret. in a cultural tradition or activity, the context in which we see the object in it (by projection) is the context provided by language, culture, and practice. interpretation is the main foundation of law and legal practice. among legal theorists, there is still disagreement regarding the nature of interpretation in law. some legal theorists claim that interpretation is the foundation for law. the existence of various interpretation methods becomes a justification that legal texts or statutory regulations need to be interpreted correctly. therefore, the potential for differences in interpretation is wide open to interpreters.14 this difference in interpretation is based on differences in understanding based on each interpreter's subjective thoughts, including historical and social backgrounds. departing from the interpreter's subjectivity, he must interpret a legal text as an objective reality. he must think and be open-minded and free from prejudice. scholten explained that law is an open system because it contains legal regulations which are incomplete and impossible to complete. due to its open nature, it is open to wide interpretation. the system will complement incompleteness or deficiencies in a system with interpretations. law as a system of coherent legal principles.15 richard dworkin argues that law is interpretation; there are three main things in a constructive interpretation model. first, interpretation aims to present the objects being interpreted in the light of the best possible interpretation. second, interpretation is essentially genre-dependent. that is, the process of interpretation needs to be revised. interpretation is separate from certain social objects or practices. third, some boundaries determine the limits for possible interpretations 12ahmad siboy and others, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/10.53955/jhcls.v2i1.23 13rian saputra, m zaid, and silaas oghenemaro, ‘the court online content moderation : a constitutional framework’, journal of human rights, culture and legal system, 2.3 (2022), 139–48 https://doi.org/10.53955/jhcls.v2i3.54 14nadia astriani, ‘legal politics of water resources management in indonesia: environmental perspective’, mimbar hukum fakultas hukum universitas gadjah mada, 30.1 (2018), 185 https://doi.org/10.22146/jmh.28664 15adriaan bedner, ‘consequences of decentralization: environmental impact assessment and water pollution control in indonesia’, law and policy, 32.1 (2010), 38–60 https://doi.org/10.1111/j.1467-9930.2009.00313.x https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.23 https://doi.org/10.53955/jhcls.v2i3.54 https://doi.org/10.22146/jmh.28664 https://doi.org/10.1111/j.1467-9930.2009.00313.x issn 2807-2812 journal of human rights, culture and legal system 195 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) of a particular object. based on these three main points, the authors interpret environmental agreements with constructive interpretation model parameters to determine the characteristics of environmental agreements as a juridical instrument for controlling environmental pollution and damage.16 simplification of business licensing the background to the simplification of licensing in the job creation law is the difficulty faced by business actors in starting a business in indonesia, which is obtaining permits to do business. business actors are faced with convoluted business licensing procedures, the many types and number of permits that must be owned, requires a long time to process permits, as well as high costs to start and run a business in indonesia.17 this condition is exacerbated by the low quality and consistency of regulations and rampant corruption, which results in high costs for obtaining business licenses. therefore, the simplification of permits that previously existed, such as space utilization permits, environmental permits, and building permits, was integrated into one regime called "business permits" to provide legality to business actors to start and run their businesses and/or activities. in order to identify the meaning of environmental approval in the job creation law, interpretation is needed, which aims to present the objects being interpreted in the light of the best possible interpretation. theoretically, the term permit often equates with government approval/state administrative will. j. b. j. m. ten berge divided the meaning of permits into a broad and narrow sense.18 "permit in a broad sense (verguning) means an agreement from the authorities based on a law which in certain circumstances deviates from the provisions or prohibitions of statutory regulations. by granting permission, the authorities have allowed individuals to perform certain actions that are actually prohibited. this concerns the approval of an act which in the public interest requires special supervision over it. meanwhile, permission in the narrow sense is an act that is prohibited, unless it is permitted, so that in the provisions related to permission, certain limits can be carefully given for each case. in addition to giving permission in very special circumstances, but so that permitted actions are carried out in a 16rian saputra, ‘development of creative industries as regional leaders in national tourism efforts based on geographical indications’, jurnal bestuur bestuur, 8.2 (2020), 121–28 https://doi.org/10.20961/bestuur.43139 17andry harijanto, siti hatikasari, and juliet musabula, ‘the model of legal protection for children victims of domestic violence based on justice elimination of violence against women . indonesia has ratified the united nations convention on the elimination of all forms of discrimination against women ( conve’, journal of human rights, culture and legal system, 2.2 (2022), 100–112 https://doi.org/10.53955/jhcls.v2i2.33 18ni’matul huda, dodik setiawan nur heriyanto, and allan fatchan gani wardhana, ‘the urgency of the constitutional preview of law on the ratification of international treaty by the constitutional court in indonesia’, heliyon, 7.9 (2021), e07886 https://doi.org/10.1016/j.heliyon.2021.e07886 https://www.jhcls.org/index.php/jhcls https://doi.org/10.20961/bestuur.43139 https://doi.org/10.53955/jhcls.v2i2.33 https://doi.org/10.1016/j.heliyon.2021.e07886 196 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) certain way (listed in the provisions)”.19 in the academic paper on the job creation bill, it explains the reasons for changing the environmental permit to an environmental agreement because of legal politics in the drafting of the job creation bill, adjusting the nomenclature of permits contained in each law with a general formulation, thus providing the government flexibility in anticipating societal and global dynamics. the adjustment of the licensing nomenclature to provide ease of doing business, environmental approval is part of the basic requirements for business licensing so that it can be equated with a permit. article 22 of the job creation law has also defined environmental approval, namely a decision on environmental feasibility or a statement of ability to manage the environment that has received approval from the central government or regional government. based on this understanding, one form of environmental approval is a decision on the feasibility of life.20 regarding environmental approval as a decision, philipus m. hadjon classifies permits in administrative law as state administrative decisions to determine prohibitions and command provisions.21 according to him, in principle, the law prohibits certain or interconnected actions. such a ban is not meant to be absolute, but to act and control the community, licensing instruments are used, particularly by linking regulations related to permits.22 in this environmental agreement, individuals/community groups are prohibited from disposing of waste into environmental media unless they have obtained permission or approval from the government. in order to obtain government permits or approvals, individuals are required to meet various requirements, which usually include compliance with various obligations and standards.23 regarding the prerequisites for decision-making in business licensing, article 3 pp no. 22 of 2021 explains that environmental approval is a prerequisite for issuing business permits or government approvals. environmental approval is carried out through the preparation of an amdal and eia due diligence or preparation of the ukl-upl form and examination of the ukl-upl form. the person in charge of business submits the amdal and rkl-rpl documents through the environmental document information system to the minister, 19femmy silaswaty faried, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 20muhammad ridwansyah and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, journal of human rights, culture and legal system, 2.1 (2022), 55–65 https://doi.org/10.53955/jhcls.v2i1.27 21leyla d. karakas, ‘political rents under alternative forms of judicial review’, international review of law and economics, 52 (2017), 86–96 https://doi.org/10.1016/j.irle.2017.08.004 22saldi isra and hilaire tegnan, ‘legal syncretism or the theory of unity in diversity as an alternative to legal pluralism in indonesia’, international journal of law and management, 63.6 (2021), 553–68 https://doi.org/10.1108/ijlma-04-2018-0082 23suwari akhmaddhian, ‘discourse on creating a special environmental court in indonesia to resolve environmental disputes’, bestuur, 8.2 (2020), 129 https://doi.org/10.20961/bestuur.v8i2.42774 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.31 https://doi.org/10.53955/jhcls.v2i1.27 https://doi.org/10.1016/j.irle.2017.08.004 https://doi.org/10.1108/ijlma-04-2018-0082 https://doi.org/10.20961/bestuur.v8i2.42774 issn 2807-2812 journal of human rights, culture and legal system 197 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) governor or regent/mayor by their authority. therefore, environmental approval is very important for business actors because environmental approval is a prerequisite for issuing business permits or government approvals.24 having an amdal or ukl-upl obligation for those in charge of a business and/or activity shows that using natural resources must be in harmony, harmony and balance with environmental functions. consequently, economic development policies, plans and/or programs must be imbued with the obligation to preserve the environment to realize the goals of environmentally sustainable development. thus, efforts to integrate licensing are expected to be able to actualize the principles of sustainable development in order to guarantee the welfare and quality of life of present and future generations. in various countries, the concept of licensing integration has become an agenda to address various environmental externality problems, which are often assumed to be command and control instruments based on an economic approach. therefore, environmental agreements are important in preventing pollution and environmental damage.25 as an instrument that can prevent environmental pollution and damage, the interpretation of environmental agreements is separate from certain social objects or practices. submission of environmental documents requires the existence of environmental quality standards and approval from the central and/or regional government. in the environmental sector, several environmental law experts place the position of permits with the approval of one of them, anthony ogus, as quoted by andri g wibisana, that the most effective form of government intervention is prior approval or permits. in this case, article 47 pp no. 22 of 2021 states that recommendations from the due diligence results will be considered by the minister, governor or regent/mayor by their authority in establishing an environmental feasibility decree if the planned business and/or activity is declared environmentally feasible.26 thus, the environmental feasibility decree stipulated is a form of environmental approval and a prerequisite for issuing a business permit or government approval.27 environmental law is often called applicable because it contains state administrative law provisions. if you look at the provisions of law no. 32 of 2009, it contains norms of legislation that fall into the field of state administrative law.28 therefore, in all aspects, environmental law will always intersect with human 24lego karjoko and others, the urgency of restorative justice on medical dispute resolution in indonesia lego karjoko abstract : keywords : abstrak, 2021, xvi https://doi.org/10.19105/allhkam.v16i2.5314 25lego karjoko and others, ‘indonesia’s sustainable development goals resolving waste problem: informal to formal policy’, international journal of sustainable development and planning, 17.2 (2022), 649–58 https://doi.org/10.18280/ijsdp.170230 26akhmaddhian. 27kathryn teigen de master and others, ‘terroir in transition: environmental change in the wisconsin artisanal cheese and new england oyster sectors’, sustainability (switzerland), 11.10 (2019) https://doi.org/10.3390/su11102969 28 ali and setiawan. https://www.jhcls.org/index.php/jhcls https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.18280/ijsdp.170230 https://doi.org/10.3390/su11102969 198 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) rights, both substantively and administratively. violation of environmental rights is a problem that is almost a hot topic discussed all the time. how could it not be? the issue of environmental rights is a problem that directly affects the survival of humans as rights holders to accommodate the right to the environment and the rights of the environment itself. uupplh has attempted to elevate individual and social rights norms into its articles by adopting (ratifying) the results of international meetings, exploring community environmental awareness themselves or through jurisprudence. despite these efforts, sometimes rights are still being violated (including environmental rights), particularly regarding community rights.29 the developments in government administration based on article 87 of law no. 30 of 2014 concerning government administration. in that case, it can be seen that there is an expansion of the meaning of government administration decisions (state administration) which originally only included a structural approach; now it has become a functional approach in determining state administrative decisions that can be used as objects of lawsuits in the state administrative court (ptun). functionally, there are similarities between permits and approvals in the environmental sector as state administrative decisions. when referring to jurisprudence in the supreme court decision number 580 k/tun/2018, the object of the lawsuit, in this case, is the barru regent's decree regarding the environmental feasibility of the industrial development plan cement by pt.30 conch barru cement indonesia. in this case, the procedure for a business permit was flawed because it needed to be accompanied by environmental documents in the form of an eia so that the community challenged the decision regarding environmental feasibility. the supreme court believes that the objects of tun disputes in environmental cases are not limited to decisions of tun bodies or officials as referred to in article 93 paragraph 1 of the uupplh, but all state administrative courts that concern the environment to lawsuits to defend the interests of the environment so that pollution does not occur and/or damage. thus the panel of judges considers written approval from the competent government official to be equated with a permit. this means that the agreement, regardless of its form, can be positioned as one of the government's legal action instruments (bestuurshandelingen).31 29indah nur shanty saleh and bita gadsia spaltani, ‘environmental judge certification in an effort to realize the green legislation concept in indonesia’, law and justice, 6.1 (2021), 1–18 https://doi.org/10.23917/laj.v6i1.13695 30adiguna bagas waskito aji and others, ‘social justice on environmental law enforcement in indonesia: the contemporary and controversial cases’, the indonesian journal of international clinical legal education, 2.1 (2020), 57–72 https://doi.org/10.15294/ijicle.v2i1.37324 31rika fajrini, ‘environmental harm and decriminalization of traditional slash-and-burn practices in indonesia’, international journal for crime, justice and social democracy, 11.1 (2022), 28–43 https://doi.org/10.5204/ijcjsd.2034 https://www.jhcls.org/index.php/jhcls https://doi.org/10.23917/laj.v6i1.13695 https://doi.org/10.15294/ijicle.v2i1.37324 https://doi.org/10.5204/ijcjsd.2034 issn 2807-2812 journal of human rights, culture and legal system 199 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) reza baihaki explained that environmental approvals are still an objectum litis based on the ejusdem generis principle approach or interpretation by looking at types and groups, meaning that as long as government administration officials issue environmental approvals, this automatically constitutes an administrative, legal act which broadly can be used as a liability sue in court. thus, the tun decision applies the principle of presumtio justae causa. if its implementation can create environmental damage, the implementation (permit) can be postponed or even cancelled.32 the job creation law emphasizes that the business permit can be cancelled if a business actor commits a violation. the provisions above, changing an environmental permit to an environmental agreement does not eliminate the government's administrative and legal action rights. thus the ratio legis of article 22 of the ciptaker law is only intended to facilitate the investment climate. at the same time, the issue of accountability for administrative decisions will return to general regulations regarding government administration and state administrative justice. so that the job creation law still maintains the context of environmental approval as a prerequisite for business licensing. simplifying the business licensing system does not mean simplifying environmental impacts and environmental feasibility studies that must be fulfilled to manage these impacts. this is, of course, in line with the principles of sustainability and sustainability in the uupplh, in which every business actor has an obligation and responsibility for his business activities that have an impact on the environment by making efforts to preserve the carrying capacity of the ecosystem and improve the quality of the environment for future generations and each other in one generation.33 risk-based business licensing the job creation law, licensing is simplified through a risk-based approach (rba) in business licensing so that various permits and their supervision are integrated into business licensing. further provisions regarding risk-based business licensing are regulated in government regulation 5 of 2021 concerning the implementation of risk-based business licensing. the central government implements risk analysis by identifying business activities, assessing the level of danger, assessing potential hazards, determining the level of risk and rating of business scale, and determining the type of business permit. based on pp no. 5 of 2021, there are 1,702 business activities consisting of 1,349 standard classifications 32fachruddin majeri mangunjaya and gugah praharawati, ‘fatwas on boosting environmental conservation in indonesia’, religions, 10.10 (2019), 1–14 https://doi.org/10.3390/rel10100570 33giovanni de gregorio, ‘democratising online content moderation: a constitutional framework’, computer law and security review, 36 (2020), 105374 https://doi.org/10.1016/j.clsr.2019.105374 https://www.jhcls.org/index.php/jhcls https://doi.org/10.3390/rel10100570 https://doi.org/10.1016/j.clsr.2019.105374 200 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) for indonesian business fields (kbli), which have been implemented in the riskbased online single submission (oss) system.34 kbli is a classification of indonesian economic activities/activities that produce products/outputs, both in the form of goods and services, based on business fields to provide uniformity in concepts, definitions and classifications of business fields in the development and shifts in economic activities in indonesia. with this classification of business activities, the government will determine the type of business permit. assessment of the hazard level is carried out on aspects of health, safety, environment, utilization and management of resources. furthermore, in determining the type of business license, business activities are classified into:35 a. business activities with a low level of risk; b. business activities with medium-low and medium-high risk levels; c. business activities with a high level of risk. in general, applications for permits must follow certain procedures determined by the government as the permitted provider. because the making and issuance of permits is a government legal action. as a legal action, legislation must grant authority or be based on the principle of legality. based on article 22 pp no. 5 of 2021, business permits are issued by the central government and regional governments, which in this case, are carried out by the oss institution; oss institution on behalf of the minister/head of the institution; the head of the provincial dpmptsp on behalf of the governor; head of district/city dpmptsp on behalf of the regent/mayor; kek administrator; and the head of the kpbpb concession board. to start and carry out business activities, business actors must meet the basic requirements of business permits, including suitability for space utilization activities, environmental approvals, building approvals, and certificates of proper function. with the existence of provisions that require the applicant to meet certain conditions determined unilaterally by the government or the licensor to deal with a concrete event. so the procedures and licensing requirements vary depending on the permit type, the purpose, and the licensing agency.36 according to soehino, the conditions for the permit are constitutive and conditional. it is constitutive because it determines a certain action or behaviour that must (first) be fulfilled. while conditional because the assessment only exists and can be seen and assessed after the required action or behaviour occurs. to strengthen the equality between permits and approvals, alexander charles kiss and dinah shelton, as cited by reza baihaki, position approval as a formal power of government action which in this case can be in the form of permits, licenses and 34scott adam edwards and felix heiduk, ‘hazy days: forest fires and the politics of environmental security in indonesia’, journal of current southeast asian affairs, 34.3 (2015), 65–94 https://doi.org/10.1177/186810341503400303 35ali and setiawan. 36svetlana avdasheva, svetlana golovanova, and yannis katsoulacos, ‘the role of judicial review in developing evidentiary standards: the example of market analysis in russian competition law enforcement’, international review of law and economics, 58 (2019), 101–14 https://doi.org/10.1016/j.irle.2019.03.003 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1177/186810341503400303 https://doi.org/10.1016/j.irle.2019.03.003 issn 2807-2812 journal of human rights, culture and legal system 201 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) certifications. thus, the analogy can be used that environmental approval is a genus of environmental permit species. this can be seen from the obligation to fulfil basic requirements as a condition for issuing business licenses.37 in addition, ridwan hr stated that a permit is a juridical instrument in the form of a decree used by the government in dealing with concrete and individual events. concrete events mean events that occur at a certain time, certain people, certain places and certain legal facts. in order to create jobs, environmental licensing is integrated into business licensing, so it can be assumed that environmental licensing is an administrative instrument. environmental law is administratively born when a wise decision of the authorities is expressed in the form of a ruling decision (beschikking) by the authorities, for example, in licensing procedures, determining environmental quality standards, and procedures for analyzing environmental impacts.38 permits are legal instruments that control the behaviour of people or institutions that are preventive. if referring to law no. 32 of 2009, environmental instruments aim to prevent pollution and/or damage to the environment consisting of 1) strategic environmental, 2) assessment; 3) spatial planning; 4) environmental quality standards; 4) criteria for environmental quality standards; 5) environmental impact analysis (amdal); 6) environmental management efforts and environmental monitoring efforts (ukl-upl); 7) licensing; 8) environmental economic instruments; 9) environmental based laws and regulations; 10) environmental based budget; 11) environmental risk analysis; 12) environmental audit, and 13) other instruments according to the needs and/or scientific developments. environmental instruments in risk-based licensing, one of which is the environmental feasibility decree, are stipulated by the central government or regional government based on the results of environmental due diligence. the environmental feasibility decree is used as a requirement for the issuance of business permits or approval from the central government or regional governments. so that environmental agreements can be equated with permits which are juridical instruments in the form of decisions that allow something that was not previously permitted (constitutive) and which is used by the government to deal with or determine concrete (conditional) events.39 based on the mandatory requirements for environmental approval in business licensing, business activities with a low level of risk are in the form of business identification numbers (nib) which are the identity of business actors as well as 37chris marsden, trisha meyer, and ian brown, ‘platform values and democratic elections: how can the law regulate digital disinformation?’, computer law and security review, 36 (2020), 105373 https://doi.org/10.1016/j.clsr.2019.105373 38michael d. trood, benjamin l. spivak, and james r.p. ogloff, ‘a systematic review and metaanalysis of the effects of judicial supervision on recidivism and well-being factors of criminal offenders’, journal of criminal justice, 74.october 2020 (2021), 101796 https://doi.org/10.1016/j.jcrimjus.2021.101796 39tegnan and others. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2019.105373 https://doi.org/10.1016/j.jcrimjus.2021.101796 202 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) the legality to carry out business activities. for medium-low and medium-high risk levels in the form of nib and standard certificates. standard certificate is the legality to carry out business activities in the form of a statement by business actors to meet business standards to carry out business activities provided through the oss system. meanwhile, business activities with a high level of risk are in the form of nib and permits. the license in question is the approval of the central government or regional government for the implementation of business activities that business actors must fulfil before carrying out their business activities.40 the higher the potential risk posed by certain business activities, the tighter the control from the government and the more requirements and inspections that are required. for low-risk activities, permits and inspections are generally unnecessary. environmental licensing that uses a risk-based approach can simplify the previous licensing forms and be adapted to certain business activities. the government also uses certain standards to identify the possibility/probability of a risk occurring in business activities and determines the requirements that must be met. the risk-based environmental licensing system is expected to provide regulatory convenience in business activities. adopting the risk-based approach concept in the permit simplification program assumes that its application is expected to reduce the number of existing permits. thus, monitoring activities are also expected to be more efficient because supervision resources will only be deployed for high-risk activities. coupled with the omnibus format, which is expected to overcome hyperregulation problems.41 permits are an important instrument in controlling an activity or business. some of its functions are described by sutedi in his book as follows. first, as a regulatory function, permits are useful for ensuring that places and forms of community activities/businesses do not conflict with each other. second, as a regulatory function, to ensure that permits are implemented according to their designation and that there is no misuse of the designation. in this case, permits are legal instruments owned by the government to regulate and encourage citizens to act by certain concrete goals desired by the government. third, as a coaching function, the permit shows recognition from the government that the permit holder has met the requirements and competence to carry out the permitted activity/business. fourth, as a function of development engineering instruments, permits are part of regulations made by the government in order to provide incentives for development. fifth, as a function of income or a source of state revenue. in the development of environmental law, the principles of prevention and precautionary principles are known. from an administrative law perspective, 40taufik hidayat, resti dian, and suviwat jenvitchuwong, ‘disharmonization of supreme court regulations in material judicial rights’, 2.3 (2022), 149–66. https://doi.org/10.53955/jhcls.v2i1.24 41ridwansyah and orsantinutsakul. https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.24 issn 2807-2812 journal of human rights, culture and legal system 203 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) the unification of the authority to issue environmental permits to one institution will have a positive effect because it will ensure consistency in law enforcement.42 the administrative law enforcement against violations of environmental agreements ten berge, as quoted by philipus m. hadjon, stated that the instrument of enforcing the state administrative law includes monitoring and enforcing sanctions. supervision is a preventive step to enforce compliance, while the application of sanctions is a repressive step to enforce compliance.43 in terms of supervision as a preventive measure to enforce compliance, this can be seen in article 22 number 26 of the job creation law which states, "the central government or regional government in accordance with their authority based on the norms, standards, procedures and criteria set by the central government are obliged to carry out supervision of the compliance of those in charge of businesses and or activities with business permits, or approval from the central government or regional governments” (amendment to article 72 uupplh). as a preventive measure, article 218 pp no. 5 of 2021 states that there are two types of supervision: routine and incidental. routine is a scheduled and planned supervision which includes periodic reports and field inspections. at the same time, incidental is a type of supervision without notification. supervision of the implementation of environmental agreements expects business actors to exercise self-control and is limited to government instruments, in this case, supervision by permit-giving officials in carrying out command and control. however, at a practical level, it is not easy to expect business actors/activities to control themselves and even supervise their business activities which have the potential to pollute the environment.44 donna c. rona also stated this by quoting tomioka's view that it is very difficult to expect business actors/activities to force themselves effectively to obey and comply with norms (values) in environmental protection and management. therefore regulations and permits are needed to oversee the activity/business. the authority of the environmental monitoring officer (pplh) is emphasized in article 494 paragraph (2) pp no. 22 of 2021 states that "in carrying out supervision, the minister, governor or regent/mayor determines an environmental monitoring officer who is a functional official." pplh can carry out direct and/or indirect supervision. supervision is carried out directly by visiting the location of the business and/or activity while indirectly by reviewing 42alon cohen, ‘independent judicial review: a blessing in disguise’, international review of law and economics, 37 (2014), 209–20 https://doi.org/10.1016/j.irle.2013.10.006 43 fatma ulfatun najicha and others. 44andré albuquerque sant’anna and lucas costa, ‘environmental regulation and bail outs under weak state capacity: deforestation in the brazilian amazon’, ecological economics, 186.september 2020 (2021) https://doi.org/10.1016/j.ecolecon.2021.107071 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.irle.2013.10.006 https://doi.org/10.1016/j.ecolecon.2021.107071 204 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) the report data of the person in charge of the business and/or activity and/or environmental information system.45 furthermore, the application of sanctions as a repressive measure to force compliance. if a violation of the business licensing is found during supervision, the central government or regional government may apply administrative sanctions to the person in charge of the business. administrative sanctions are applied based on the minutes of supervision and reports on the results of supervision. in administrative sanctions, the target of its application is aimed at actions.46 this has also been explained in article 82b of the job creation law, which states that "any person who due to negligence commits an act that results in exceeding the ambient air quality standard, water quality standard, seawater quality standard, or environmental damage standard criteria that are not by the licensing business that is owned will be subject to administrative sanctions. article 508 pp no. 22 of 2021 states that the administrative sanctions are: a. written warning; b. government coercion; c. administrative fines; d. freezing of undertaking licensing; and/or e. revocation of business permit. suppose those in charge of a business and/or activity are still found to be disobedient. in that case, the environmental monitoring officer will provide recommendations for follow-up actions for administrative, civil and/or criminal law enforcement. criminal law is an alternative or last resort in a law enforcement effort.47 so criminal law enforcement in the environmental sector continues to pay attention to the ultimum remidium principle. however, its implementation is carried out if administrative sanctions fail to give a deterrent effect to the perpetrators. carried out after the occurrence of controlled actions, and control from a legal perspective (rechtmatigheid) which assesses from a legal aspect.48 4. conclusion the characteristics of environmental approvals in law number 11 of 2020 concerning job creation can be categorized as permits from the perspective of state administrative law. based on article 3 pp no. 22 of 2021, environmental approval has fulfilled the following licensing elements. first, environmental approval must be owned by every business and/or activity that impacts the environment. second, environmental approval is given to business actors or government agencies. third, environmental approval is a prerequisite for issuing 45laura liliana huaranca and others, ‘social perspectives on deforestation, land use change, and economic development in an expanding agricultural frontier in northern argentina’, ecological economics, 165.april (2019), 106424 https://doi.org/10.1016/j.ecolecon.2019.106424 46subhan ullah and asma nasim, ‘do firm-level sustainability targets drive environmental innovation? insights from brics economies’, journal of environmental management, 294.may (2021), 112754 https://doi.org/10.1016/j.jenvman.2021.112754 47jovanka denkova, ‘enviromental education in macedonian literature for children and juvenils as a way of humanization of children’s personality’, procedia social and behavioral sciences, 15 (2011), 3158–62 https://doi.org/10.1016/j.sbspro.2011.04.264 48tegnan and others. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ecolecon.2019.106424 https://doi.org/10.1016/j.jenvman.2021.112754 https://doi.org/10.1016/j.sbspro.2011.04.264 issn 2807-2812 journal of human rights, culture and legal system 205 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) business permits or government approval. fourth, environmental approval is carried out through preparing an amdal and eia feasibility test or preparation of the ukl-upl form and examination of the ukl-upl form. fifth, the environmental approval ends with the end of the business permit or government approval. thus, this environmental agreement has a concrete, individual and final nature so that it can be equated with a permit. references aji, adiguna bagas waskito, puji wiyatno, ridwan arifin, and ubaidillah kamal, ‘social justice on environmental law enforcement in indonesia: the contemporary and controversial cases’, the indonesian journal of international clinical legal education, 2.1 (2020), 57–72 https://doi.org/10.15294/ijicle.v2i1.37324 akhmaddhian, suwari, ‘discourse on creating a special environmental court in indonesia to resolve environmental disputes’, bestuur, 8.2 (2020), 129 https://doi.org/10.20961/bestuur.v8i2.42774 albuquerque sant’anna, andré, and lucas costa, ‘environmental regulation and bail outs under weak state capacity: deforestation in the brazilian amazon’, ecological economics, 186.september 2020 (2021) https://doi.org/10.1016/j.ecolecon.2021.107071 ali, mahrus, and m. arif setiawan, ‘penal proportionality in environmental legislation of indonesia’, cogent social sciences, 8.1 (2022), 1–13 https://doi.org/10.1080/23311886.2021.2009167 arifin ma’ruf, ‘legal aspects of environment in indonesia: an efforts to prevent environmental damage and pollution’, journal of human rights, culture and legal system, 1.1 (2021), 2021 https://doi.org/10.53955/jhcls.v2i1.24 asmah, asmah, and shinta nurhidayati salam, ‘a law-abiding behaviour of the indigenous peoples in realizing environmental law enforcement in south sulawesi , indonesia’, caspian journal of environmental sciences, 20.2 (2022), 431–35 https://doi.org/10.22124/cjes.2022.5592 astriani, nadia, ‘legal politics of water resources management in indonesia: environmental perspective’, mimbar hukum fakultas hukum universitas gadjah mada, 30.1 (2018), 185 https://doi.org/10.22146/jmh.28664 avdasheva, svetlana, svetlana golovanova, and yannis katsoulacos, ‘the role of judicial review in developing evidentiary standards: the example of market analysis in russian competition law enforcement’, international review of law and economics, 58 (2019), 101–14 https://doi.org/10.1016/j.irle.2019.03.003 bedner, adriaan, ‘consequences of decentralization: environmental impact assessment and water pollution control in indonesia’, law and policy, 32.1 (2010), 38–60 https://doi.org/10.1111/j.1467-9930.2009.00313.x cohen, alon, ‘independent judicial review: a blessing in disguise’, international review of law and economics, 37 (2014), 209–20 https://www.jhcls.org/index.php/jhcls https://doi.org/10.15294/ijicle.v2i1.37324 https://doi.org/10.20961/bestuur.v8i2.42774 https://doi.org/10.1016/j.ecolecon.2021.107071 https://doi.org/10.1080/23311886.2021.2009167 https://doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.22124/cjes.2022.5592 https://doi.org/10.22146/jmh.28664 https://doi.org/10.1016/j.irle.2019.03.003 https://doi.org/10.1111/j.1467-9930.2009.00313.x 206 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) https://doi.org/10.1016/j.irle.2013.10.006 denkova, jovanka, ‘enviromental education in macedonian literature for children and juvenils as a way of humanization of children’s personality’, procedia social and behavioral sciences, 15 (2011), 3158–62 https://doi.org/10.1016/j.sbspro.2011.04.264 edwards, scott adam, and felix heiduk, ‘hazy days: forest fires and the politics of environmental security in indonesia’, journal of current southeast asian affairs, 34.3 (2015), 65–94 https://doi.org/10.1177/186810341503400303 fajrini, rika, ‘environmental harm and decriminalization of traditional slashand-burn practices in indonesia’, international journal for crime, justice and social democracy, 11.1 (2022), 28–43 https://doi.org/10.5204/ijcjsd.2034 fatma ulfatun najicha, lego karjoko, i gusti ayu ketut rachmi handayania, rosita chandrakirana, and dian furqani tenrilawa, ‘the conceptualization of environmental administration law in environmental pollution control’, journal of human rights, culture and legal system, 2.2 (2022), 87–99 https://doi.org/10.53955/jhcls.v2i2.44 de gregorio, giovanni, ‘democratising online content moderation: a constitutional framework’, computer law and security review, 36 (2020), 105374 https://doi.org/10.1016/j.clsr.2019.105374 harijanto, andry, siti hatikasari, and juliet musabula, ‘the model of legal protection for children victims of domestic violence based on justice elimination of violence against women . 2 indonesia has ratified the united nations convention on the elimination of all forms of discrimination against women ( conve’, journal of human rights, culture and legal system, 2.2 (2022), 100–112 https://doi.org/10.53955/jhcls.v2i2.33 hidayat, taufik, resti dian, and suviwat jenvitchuwong, ‘disharmonization of supreme court regulations in material judicial rights’, 2.3 (2022), 149–66 https://doi.org/10.53955/jhcls.v2i1.24 huaranca, laura liliana, martín alejandro iribarnegaray, federico albesa, josé norberto volante, christian brannstrom, and l. seghezzo, ‘social perspectives on deforestation, land use change, and economic development in an expanding agricultural frontier in northern argentina’, ecological economics, 165.april (2019), 106424 https://doi.org/10.1016/j.ecolecon.2019.106424 huda, ni’matul, dodik setiawan nur heriyanto, and allan fatchan gani wardhana, ‘the urgency of the constitutional preview of law on the ratification of international treaty by the constitutional court in indonesia’, heliyon, 7.9 (2021), e07886 https://doi.org/10.1016/j.heliyon.2021.e07886 ishak, nurfaika, and romalina ranaivo mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/10.53955/jhcls.v2i1.24 isra, saldi, and hilaire tegnan, ‘legal syncretism or the theory of unity in https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.irle.2013.10.006 https://doi.org/10.1016/j.sbspro.2011.04.264 https://doi.org/10.1177/186810341503400303 https://doi.org/10.5204/ijcjsd.2034 https://doi.org/10.53955/jhcls.v2i2.44 https://doi.org/10.1016/j.clsr.2019.105374 https://doi.org/10.53955/jhcls.v2i2.33 https://doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.1016/j.ecolecon.2019.106424 https://doi.org/10.1016/j.heliyon.2021.e07886 https://doi.org/10.53955/jhcls.v2i1.24 issn 2807-2812 journal of human rights, culture and legal system 207 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) diversity as an alternative to legal pluralism in indonesia’, international journal of law and management, 63.6 (2021), 553–68 https://doi.org/10.1108/ijlma-04-2018-0082 jaelani, abdul kadir, and muhammad jihadul hayat, ‘the proliferation of regional regulation cancellation in indonesia’, journal of human rights, culture and legal system, 2.2 (2022), 121–38 https://doi.org/10.53955/jhcls.v2i2.38 karakas, leyla d., ‘political rents under alternative forms of judicial review’, international review of law and economics, 52 (2017), 86–96 https://doi.org/10.1016/j.irle.2017.08.004 karjoko, lego, i gusti ayu ketut rachmi handayani, abdul kadir jaelani, jaco barkhuizen, and muhammad jihadul hayat, the urgency of restorative justice on medical dispute resolution in indonesia lego karjoko abstract : keywords : abstrak, 2021, xvi https://doi.org/10.19105/al-lhkam.v16i2.5314 karjoko, lego, i gusti ayu ketut rachmi handayani, abdul kadir jaelani, and muhammad jihadul hayat, ‘indonesia’s sustainable development goals resolving waste problem: informal to formal policy’, international journal of sustainable development and planning, 17.2 (2022), 649–58 https://doi.org/10.18280/ijsdp.170230 mangunjaya, fachruddin majeri, and gugah praharawati, ‘fatwas on boosting environmental conservation in indonesia’, religions, 10.10 (2019), 1–14 https://doi.org/10.3390/rel10100570 marsden, chris, trisha meyer, and ian brown, ‘platform values and democratic elections: how can the law regulate digital disinformation?’, computer law and security review, 36 (2020), 105373 https://doi.org/10.1016/j.clsr.2019.105373 de master, kathryn teigen, james lachance, sarah bowen, and lillian macnell, ‘terroir in transition: environmental change in the wisconsin artisanal cheese and new england oyster sectors’, sustainability (switzerland), 11.10 (2019) https://doi.org/10.3390/su11102969 naibaho, nathalina, harkristuti harkrisnowo, suhariyono ar, and andri wibisana, ‘criministrative law: developments and challenges in indonesia’, indonesia law review, 11.1 (2021), 1–14 https://doi.org/10.15742/ilrev.v11n1.647 rian saputra and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022), 1–13 https://doi.org/10.53955/jhcls.v2i1.21 ridwansyah, muhammad, and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, journal of human rights, culture and legal system, 2.1 (2022), 55–65 https://doi.org/10.53955/jhcls.v2i1.27 rose, gregory, ‘australian law to combat illegal logging in indonesia: a gossamer chain for transnational enforcement of environmental law’, review of european, comparative and international environmental law, 26.2 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1108/ijlma-04-2018-0082 https://doi.org/10.53955/jhcls.v2i2.38 https://doi.org/10.1016/j.irle.2017.08.004 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.18280/ijsdp.170230 https://doi.org/10.3390/rel10100570 https://doi.org/10.1016/j.clsr.2019.105373 https://doi.org/10.3390/su11102969 https://doi.org/10.15742/ilrev.v11n1.647 https://doi.org/10.53955/jhcls.v2i1.21 https://doi.org/10.53955/jhcls.v2i1.27 208 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 191-208 fitri nur aini prasetyo, et.al, (the changing of environmental…) (2017), 128–38 https://doi.org/10.1111/reel.12206 saputra, rian, ‘development of creative industries as regional leaders in national tourism efforts based on geographical indications’, jurnal bestuur bestuur, 8.2 (2020), 121–28 https://doi.org/10.20961/bestuur.43139 saputra, rian, muhammad khalif ardi, pujiyono pujiyono, sunny ummul firdaus, universitas slamet riyadi, and universitas sebelas maret, ‘reform regulation of novum in criminal judges in an effort’, jils (journal of indonesian legal studies), 6.2 (2021), 437–82 https://doi.org/https://doi.org/10.15294/jils.v6i2.51371 saputra, rian, m zaid, and silaas oghenemaro, ‘the court online content moderation : a constitutional framework’, journal of human rights, culture and legal system, 2.3 (2022), 139–48 https://doi.org/10.53955/jhcls.v2i3.54 shanty saleh, indah nur, and bita gadsia spaltani, ‘environmental judge certification in an effort to realize the green legislation concept in indonesia’, law and justice, 6.1 (2021), 1–18 https://doi.org/10.23917/laj.v6i1.13695 siboy, ahmad, sholahuddin al-fatih, virga dwi efendi, and nur putri hidayah, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/10.53955/jhcls.v2i1.23 silaswaty faried, femmy, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 tegnan, hilaire, lego karjoko, jaco barkhuizen, and anis h bajrektarevic, ‘mining corruption and environmental degradation in indonesia: critical legal issues’, bestuur, 9.2 (2021), 90–100 https://doi.org/10.20961/bestuur.v9i2.55219 trood, michael d., benjamin l. spivak, and james r.p. ogloff, ‘a systematic review and meta-analysis of the effects of judicial supervision on recidivism and well-being factors of criminal offenders’, journal of criminal justice, 74.october 2020 (2021), 101796 https://doi.org/10.1016/j.jcrimjus.2021.101796 ullah, subhan, and asma nasim, ‘do firm-level sustainability targets drive environmental innovation? insights from brics economies’, journal of environmental management, 294.may (2021), 112754 https://doi.org/10.1016/j.jenvman.2021.112754 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1111/reel.12206 https://doi.org/10.20961/bestuur.43139 https://doi.org/https:/doi.org/10.15294/jils.v6i2.51371 https://doi.org/10.53955/jhcls.v2i3.54 https://doi.org/10.23917/laj.v6i1.13695 https://doi.org/10.53955/jhcls.v2i1.23 https://doi.org/10.53955/jhcls.v2i1.31 https://doi.org/10.20961/bestuur.v9i2.55219 https://doi.org/10.1016/j.jcrimjus.2021.101796 https://doi.org/10.1016/j.jenvman.2021.112754 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 149 https://doi.org/10.53955/jhcls.v2i3.34 journalhumanrightslegalsystem@gmail.com disharmonization of supreme court regulations in material judicial rights taufik hidayata, resti dian luthviatib* , suviwat jenvitchuwongc afaculty of law, universitas gajah mada, yogyakarta, indonesia. ademographic and civil registration study program, universitas sebelas maret, indonesia. a faculty of law, thammasat university, bangkok, thailand. * corresponding author: restidianl@staff.uns.ac.id 1. introduction the supreme court, in carrying out its constitutional authority to carry out the judicial review function, is given attributive authority to issue a supreme court regulation (perma). this is because the law only regulates and concisely regarding the authority of judicial review by the supreme court, so there is a shortage of provisions that further regulate the technical implementation of judicial review, or there is even a legal vacuum. supreme court regulations as an effort to expedite the process of exercising the authority of the supreme court in the field of judicial review.1 the position of perma is regulated in article 79 of law number 14 of 1985 concerning the supreme court. the first paragraph of the explanation of article 79 of law number 14 of 1985 concerning the supreme court explains that if in the 1 mardian wibowo, i nyoman nurjaya, and muchammad ali safaat, ‘the criticism on the meaning of “open legal policy” in verdicts of judicial review at the constitutional court mardian wibowo’, constitutional review, 3.2 (2018), 262 https://doi.org/10.31078/consrev326 a r t i c l e i n f o a b s t r a c t article history received: february 12, 2022 revised: november 12, 2022 accepted: november 15, 2022 this study aims to analyze the problems with supreme court regulation in judicial review resulting from inconsistencies in these rules, which impact the court's ability to enforce these regulations. this study is a normative legal analysis. the findings of this study indicate that the problem of discordant norms in judicial review is related to two factors, specifically discordant norms regarding the authority to examine formal matters. the discord of norms about the legal subject matter of the petitioner for review of legislation under the act results from differences in regulation of judicial review material aspect used as a criterion. this contradicts the original intent of the constitution of the republic of indonesia. this is an open-access article under the cc–by 4.0 license. keywords disharmonies; supreme court; judicial review; regulations; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:restidianl@staff.uns.ac.id https://doi.org/10.31078/consrev326 https://creativecommons.org/licenses/by/4.0/ 150 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) course of the judiciary, there is a legal deficiency or vacuum in a matter, the supreme court has the authority to make regulations to fill the gap or vacancy.2 there are two interesting things to observe from the provisions of article 79 and its explanation. first, related to perma's material limitations. this limitation can be seen from the purpose of forming the supreme court law in giving the authority to form a perma.3 perma material is material that has not been regulated in the act. second, the scope of regulation of the perma is limited to the administration of justice related to procedural law. the supreme court legislator has also given signs so that the perma material does not take material that should become law material. third, the elucidation of article 79 of law number 14 of 1985 concerning the supreme court in the second paragraph, among other things, states that regulations issued by the supreme court are distinguished from regulations formed by legislators. the supreme court also cannot interfere with and exceed the regulation of citizens' rights and obligations.4 changes from perma no. 1 of 2004 to perma no. 1 of 2011 due to the provision of time limits for filing applications that need to be properly regulated in the perma. the norms governing these deadlines should be regulated in law because they violate human rights. changes from perma no. 1 of 2004 to perma no. 1 of 2011 due to the provision of time limits for filing applications that are not properly regulated in the perma. the norms governing these deadlines should be regulated in law because they violate human rights.5 disharmonization of laws and regulations means legal uncertainty in implementing these regulations. this is contrary to the principles of the rule of law materially and formally. materially related to social disorder due to the existence of laws and regulations that do not guarantee legal uncertainty.6 2 ni’matul huda, dodik setiawan nur heriyanto, and allan fatchan gani wardhana, ‘the urgency of the constitutional preview of law on the ratification of international treaty by the constitutional court in indonesia’, heliyon, 7.9 (2021), e07886 https://doi.org/10.1016/j.heliyon.2021.e07886 3 abdul kadir jaelani and muhammad jihadul hayat, ‘the proliferation of regional regulation cancellation in indonesia’, journal of human rights, culture and legal system, 2.2 (2022), 121–38 https://doi.org/10.53955/jhcls.v2i2.38 4 fatma ulfatun najicha and others, ‘the conceptualization of environmental administration law in environmental pollution control’, journal of human rights, culture and legal system, 2.2 (2022), 87–99 https://doi.org/10.53955/jhcls.v2i2.44 5 salahuddin gaffar and others, ‘the concept of procedural law regarding the implementation of collective agreements with legal certainty in termination of employment in indonesia’, heliyon, 7.4 (2021), e06690 https://doi.org/10.1016/j.heliyon.2021.e06690 6 ngesti prasetyo and others, ‘the politics of indonesias decentralization law based on regional competency’, brawijaya law journal, 8.2 (2021), 159–84 https://doi.org/10.21776/ub.blj.2021.008.02.01 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2021.e07886 https://doi.org/10.53955/jhcls.v2i2.38 https://doi.org/10.53955/jhcls.v2i2.44 https://doi.org/10.1016/j.heliyon.2021.e06690 https://doi.org/10.21776/ub.blj.2021.008.02.01 issn 2807-2812 journal of human rights, culture and legal system 151 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) perma has a central role in reviewing statutory regulations under the law. the role of perma as a source of law and a complement to unclear statutory provisions. it should be able to provide certainty instead of causing ambiguity because the norms regulated in the law need to be in harmony with the norms regulated in the perma norms. further research is to explore whether perma number 1 of 2011 contains problems related to disharmony of norms. is there any other normative material regulated and maintained in perma number 1 of 2011 that has other issues of disharmony of norms? what is the impact of the disharmony of norms in the supreme court regulation number 1 of 2011 concerning the right to judicial review? 2. research method this research is normative legal research. normative juridical research is a legal method of examining library or secondary materials.7 the data collection technique used was a literature review, namely collecting, identifying, clarifying and analyzing data to understand, record or quote the data.8 the data obtained were analyzed qualitatively and presented descriptively. some of the data used in legal products are in the form of supreme court regulation number 1 of 2011 concerning the right to judicial review, law number 48 of 2009 concerning judicial powers, the 1945 constitution of the republic of indonesia. the legal material is then studied through various forms of analysis, both systematic analysis, historical analysis of legal products and normative analysis. 3. results and discussion problems disharmonization of supreme court regulations in material judicial rights the legal basis for the supreme court's authority in examining laws and regulations is regulated in article 24a paragraph (1) of the 1945 constitution of the republic of indonesia, article 20 paragraph (2) letter b of law number 48 concerning judicial power, and article 31 a of the law about the supreme court. to carry out the attribution authority, the supreme court issued a perma on the right to judicial review to further regulate the authority of the right to examine the supreme court and its procedural law.9 in exercising judicial review powers, the supreme court has issued four regulations relating to judicial review, namely regulations no. 1 of 1993, regulations no. 1 of 1999, regulations no. 1 of 2004 7 rian saputra and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022), 1–13 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.21 8 rian saputra and others, ‘reform regulation of novum in criminal judges in an effort’, jils (journal of indonesian legal studies), 6.2 (2021), 437–82 https://doi.org/https://doi.org/10.15294/jils.v6i2.51371 9 alon cohen, ‘independent judicial review: a blessing in disguise’, international review of law and economics, 37 (2014), 209–20 https://doi.org/10.1016/j.irle.2013.10.006 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.21 https://doi.org/https:/doi.org/10.15294/jils.v6i2.51371 https://doi.org/10.1016/j.irle.2013.10.006 152 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) and the last one, namely regulations no. 1 of 2011.10 the revocation of the perma may involve terms/dictions used in judicial reviews, subjects and objects in judicial reviews, procedural law, registration mechanisms, and the grace period for requests for judicial review. seeing the development of the perma on the right to test materials, which continues to be perfected but still has problems or technical deficiencies. the author hypothesises that perma no. 1 of 2011 concerning the right to material test, which is an improvement of perma no. 1 of 2004, still has problems and shortcomings normatively. this can be seen from the indication that the amendment to the perma is only carried out by revoking 1 article. in this study, the author only focuses on the problem of disharmony of norms. disharmony of norms related to formal examination authority the phrase "testing the legislation under the law against the law" in the formulation of article 24a paragraph (1) of the 1945 constitution of the republic of indonesia becomes important to explore its original intent. this is important because the article gives the supreme court the authority to conduct a judicial review. article 24a paragraph (1) becomes the main touchstone to see whether the harmony of these norms is maintained in the follow-up arrangements (laws and regulations).11 to be able to understand the original intent of a constitution, we need to carry out an interpretation of the constitution. interpretation is a method for understanding the meaning of legal texts to be used in resolving cases or making decisions on things that are faced concretely. in short, the method is a way to understand the meaning contained in the article text of a statutory regulation. there are several methods of interpreting the constitution.12 as quoted by martitah, bobbitt identifies six methods of interpreting the constitution: textual interpretation, historical interpretation, doctrine interpretation, prudential interpretation, structural interpretation, and ethical interpretation.13 meanwhile, vicki c. jackson and jamal greene stated that interpreting the constitution consists of three main approaches. first, the positivist interpretation focuses on the history, namely the history of the law being made. second, this 10 michael d. trood, benjamin l. spivak, and james r.p. ogloff, ‘a systematic review and meta-analysis of the effects of judicial supervision on recidivism and well-being factors of criminal offenders’, journal of criminal justice, 74.october 2020 (2021), 101796 https://doi.org/10.1016/j.jcrimjus.2021.101796 11 ahmad siboy and others, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/10.53955/jhcls.v2i1.23 12 muhammad ridwansyah and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, journal of human rights, culture and legal system, 2.1 (2022), 55–65 https://doi.org/10.53955/jhcls.v2i1.27 13 nurfaika ishak and romalina ranaivo mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/10.53955/jhcls.v2i1.24 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jcrimjus.2021.101796 https://doi.org/10.53955/jhcls.v2i1.23 https://doi.org/10.53955/jhcls.v2i1.27 https://doi.org/10.53955/jhcls.v2i1.24 issn 2807-2812 journal of human rights, culture and legal system 153 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) purposive interpretation approach emphasizes the purpose of the constitution that was made. third, multi-valenced, this approach draws on genuine understanding, purpose, structure, history, values, and consequences to arrive at constitutional decisions.14 the historical background for the formation of article 24a, which can be seen in the debate on amendments to the 1945 constitution of the republic of indonesia, shows that there is a desire to give authority to the supreme court to review statutory regulations both formally and materially. this is in line with the opinion expressed by zain badjeber (from the ppp faction), namely:15 "[…later on, this is not the case, so in the next paragraph [paragraph (2)] we propose: "an mpr decree shall determine the composition, position, powers and membership of the supreme court." the next article [paragraph (3)]: "the supreme court has the authority to review statutory regulations under mpr decrees." so it means downward law, judicial review rights and formal review rights known as judicial review…]". a similar opinion was also expressed by hamdan zoelva (from the un faction), namely:16 "[…first, the supreme court, as a judicial institution in a modern democratic country must be regulated explicitly and in more detail in the constitution and regulations regarding the president and other state high institutions. therefore, we are of the opinion that the composition and position of the supreme court is strictly regulated in the constitution, including the authority given to it regarding the right to material and formal examination of the legal products of the act and below. this authority's arrangement is felt necessary to foster checks and balances between various state high institution…]." from the discussion above, it can be concluded that what is intended or desired (original intent) by the makers of article 24a paragraph (1) of the 1945 constitution of the republic of indonesia concerning the authority to review legislation under the law is to examine both materially and formally. to find out the purpose of testing as intended by article 24a paragraph (1) of the 1945 constitution of the republic of indonesia, the author uses the theory put forward by sri soemantri, who suggests that both in the literature and practice, it is known that there are two kinds of right to examine, namely the right to formal examination (formele toetsingsrecht) and the right to test. material (materialele toetsingsrecht).17 the right to formally examine is the authority to assess whether a 14 sulistya eviningrum and vasco fronzoni, ‘the model of coaching narcotics prisoners in the correctional penitentiary’, journal of human rights, culture and legal system, 2.2 (2022), 78–86 https://doi.org/10.53955/jhcls.v2i2.26 15 wibowo, nurjaya, and safaat. 16 adiguna bagas waskito aji and others, ‘social justice on environmental law enforcement in indonesia: the contemporary and controversial cases’, the indonesian journal of international clinical legal education, 2.1 (2020), 57–72 https://doi.org/10.15294/ijicle.v2i1.37324 17 adriaan bedner, ‘consequences of decentralization: environmental impact assessment and water pollution control in indonesia’, law and policy, 32.1 (2010), 38–60 https://doi.org/10.1111/j.1467-9930.2009.00313.x https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i2.26 https://doi.org/10.15294/ijicle.v2i1.37324 https://doi.org/10.1111/j.1467-9930.2009.00313.x 154 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) legislative product such as a law, for example, is incarnated through procedures as determined/regulated in laws and regulations or not. the right to examine material is an authority to investigate and then assess whether a statutory regulation contains or contradicts a higher level regulation and whether a certain authority (verordenende macht) has the right to issue a certain regulation (der door haar vastgestelde regeling te geven).18 the phrases in article 24a paragraph (1) of the 1945 constitution of the republic of indonesia can then be interpreted grammatically and using the theory from sri soemantri above. because article 24a paragraph (1) of the 1945 constitution of the republic of indonesia does not mention whether the test is a formal or material test, what can be interpreted as the intended test is general testing, namely formal and material testing.19 the norms in article 24 a paragraph (1) of the 1945 constitution are spelt out again in article 20 of law number 48 of 2009 concerning judicial powers, which are also regulated in article 31 of law number 5 of 2004 concerning the supreme court and article 31 a of the law law number 3 of 2009 concerning the second amendment to law number 14 of 1985 concerning the supreme court.20 by using a grammatical interpretation approach to the normative provisions of the law above, it can be judged that both the law on judicial power and the law on the supreme court of authority use the phrase "examine the legislation under the law against the law" in harmony with the normative provisions of article 24a paragraph (1) of the 1945 constitution of the republic of indonesia. referring to other provisions further in the law of the supreme court, namely article 31 paragraph (2) and article 31a paragraph (3) letter b, it can be interpreted that implicitly what is meant is "to examine the statutory regulations under the law against the law. law” is a formal or material test. it can be seen in the phrase "the reason is contrary to the higher legislation or its formation does not meet the applicable provisions".21 the phrase "contrary to higher laws and regulations" can be interpreted based on sri soemantri's right-to-test theory, which is a material test. while the phrase "the establishment does not meet the applicable provisions" means formal testing. it is also emphasized where there is a requirement to submit an application related to the content of the regulations contrary to higher regulations (material 18 lego karjoko and others, ‘indonesia’s sustainable development goals resolving waste problem: informal to formal policy’, international journal of sustainable development and planning, 17.2 (2022), 649–58 https://doi.org/10.18280/ijsdp.170230 19 shazny ramlan, ‘religious law for the environment: comparative islamic environmental law in singapore, malaysia, and indonesia’, ssrn electronic journal, 15, 2019 https://doi.org/10.2139/ssrn.3405923 20 junaedi junaedi, ‘efforts to prevent bureaucratic corruption based on the piercing principles of the governance veil in realizing good governance and clean governance in indonesia’, journal la sociale, 1.2 (2020), 10–16 https://doi.org/10.37899/journal-la-sociale.v1i2.87 21 michael s. barr and geoffrey p. miller, ‘global administrative law: the view from basel’, european journal of international law, 17.1 (2006), 15–46 https://doi.org/10.1093/ejil/chi167 https://www.jhcls.org/index.php/jhcls https://doi.org/10.18280/ijsdp.170230 https://doi.org/10.2139/ssrn.3405923 https://doi.org/10.37899/journal-la-sociale.v1i2.87 https://doi.org/10.1093/ejil/chi167 issn 2807-2812 journal of human rights, culture and legal system 155 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) requirements) and regulations whose formation does not meet the applicable provisions (formal requirements).22 the normative standards mentioned above show that the supreme court has the authority to declare invalid laws and regulations under laws that are contrary to higher laws and regulations or their formation does not meet the applicable provisions. based on this, the requirements for reviewing statutory regulations under the law used by the supreme court consist of material and formal requirements.23 the next problem is whether the perma issued by the supreme court also aligns with the constitution and the law. to answer this, the writer analyzes grammatically the norms in article 1 paragraph (1) of the supreme court regulation number 1 of 2011, which reads: "the right of judicial review is the right of the supreme court to assess the material content of laws and regulations under the law, against the legislation at the level of legislation higher". the problem that arises from this norm is that perma number 1 of 2011 provides a different meaning from the provisions stipulated in the constitution and the law. this is seen explicitly in the phrase "assessing the material content of legislation under the law, against higher level legislation", which is interpreted as only material testing.24 article 1 paragraph (1) perma number 1 of 2011 provides a narrower understanding by giving the phrase "assess the material", which is interpreted to override the authority to examine formally. while implicitly, it can be seen that article 31a paragraph (3) letter b of the supreme court law also states the reasons for the application regarding the formation of statutory regulations not fulfilling the applicable provisions (formal requirements). norms relating to the limits of judicial review authority can also be seen in article 1 paragraph (3) of perma number 1 of 2011, which states that an objection is based on reasons for conflicting a statutory regulation with a higher level statutory regulation. the article also needs to provide an understanding of formal testing requests.25 perma number 1 of 2011 does not include the definition of formal testing as contained in the law. the perma rules out or annuls the formal requirements as one of the normative standards in examining statutory regulations. concretely, the supreme court, in carrying out a judicial review of statutory regulations, which is used as a touchstone, is only the material aspect, namely whether a statutory regulation being tested contradicts or not with higher statutory regulations. 22 daniel k. tarullo, ‘bank supervision and administrative law’, columbia business law review, 2022.1 (2022) https://doi.org/10.52214/cblr.v2022i1.9983 23 dadang hartanto and others, ‘perceived effectiveness of e-governance as an underlying mechanism between good governance and public trust: a case of indonesia’, digital policy, regulation and governance , 23.6 (2021), 598–616 https://doi.org/10.1108/dprg-03-2021-0046 24 pan mohamad faiz, ‘perlindungan terhadap lingkungan dalam perspektif konstitusi environmental protection in constitutional perspective’, jurnal konstitusi, 13.4 (2016), 766–87 https://doi.org/https://doi.org/10.31078/jk1344 25 svetlana avdasheva, svetlana golovanova, and yannis katsoulacos, ‘the role of judicial review in developing evidentiary standards: the example of market analysis in russian competition law enforcement’, international review of law and economics, 58 (2019), 101–14 https://doi.org/10.1016/j.irle.2019.03.003 https://www.jhcls.org/index.php/jhcls https://doi.org/10.52214/cblr.v2022i1.9983 https://doi.org/10.1108/dprg-03-2021-0046 https://doi.org/https:/doi.org/10.31078/jk1344 https://doi.org/10.1016/j.irle.2019.03.003 156 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) the provisions of article 1 paragraph (1) and article 1 paragraph (3) are contained in the chapter of general provisions. in contrast, general provisions in a statutory regulation are intended to limit the understanding or interpretation of a matter to be regulated. with an understanding of the "right for material testing" in perma number 1 of 2011, this is a limitation of the scope or scope of what is meant as a material testing right. this definition is binding and relates to other norms regulated in the perma. norms (articles) contain an understanding that is limitative and cannot be distorted, reduced, and may not have multiple meanings. in short, the general provisions in a statutory regulation are made to anticipate the expansion of the meaning of a norm, differences in meaning, conflicting norms, or unclear norms that will be regulated further. differences and even ambiguity (bias) in the meaning of a norm that will be regulated in laws and regulations with other laws and regulations will lead to norm disharmony.26 discussion on the norms governing the authority to examine the formal review by comparing the norms in perma number 1 of 2011 concerning the right to material examination with the provisions of article 24a of the 1945 constitution of the republic of indonesia, article 20 of the law on judicial power, article 31 and article 31a of the law on the supreme court there is a clear non-conformity. this is because the use of the term "right for material testing" as the title of the perma and norms article 1, paragraph (1) and paragraph (3) has reduced or narrowed the meaning of the examination of laws and regulations. because the term "material test" has a narrower meaning than the examination of the laws and regulations as referred to in the regulation that forms the basis for the issuance of the perma.27 disharmony of norms regarding the subject of the petitioner for examination of the legislation under the act arrangements regarding legal subjects who may become applicants for review of statutory regulations under laws are not regulated in the constitution but instead are regulated by in-laws. this arrangement, in a limited way, shows that an application for judicial review at the supreme court can only be made by a party who considers that their rights have been impaired by the enactment of laws and regulations under the law, namely: (a) individual indonesian citizens; (b) customary law community units as long as they are still alive and following community developments and the principles of the unitary state of the republic of indonesia regulated in law; or (c) public legal entity or private legal entity.28 in the elucidation of article 31 a paragraph (2) letter (a) of law number 3 of 2009 regarding the second amendment to law number 14 of 1985 concerning the 26 trood, spivak, and ogloff. 27 giovanni de gregorio, ‘digital constitutionalism in europe reframing rights and powers in the algorithmic society’, gastronomía ecuatoriana y turismo local., 1.69 (1967), 5–24. https://doi.org/10.1016/j.irle.2019.03.003 28 jaelani and hayat. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.irle.2019.03.003 issn 2807-2812 journal of human rights, culture and legal system 157 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) supreme court, it is stated that for the provisions of an individual indonesian citizen applicant is an individual or group of people who have the same interests. from this article, it can be understood that the applicant's subject who can apply can be a person or group of people. perma number 1 of 2011 concerning the right to judicial review also regulates norms related to legal subjects who can become applicants for review of statutory regulations under the law, namely in article 1 paragraph (4) namely: "an objection applicant is a community group or individual submitting an application object to the supreme court on the enactment of a lower level statutory regulation than a law".29 article 1 paragraph (4) perma number 1 of 2011 states two legal subjects who can become objectors, namely community groups or individuals. by associating the function of understanding a statutory regulation with the article's sound, it can be concluded that the perma has limited the scope of legal subjects who can become petitioners for objections. the norm provisions of article 1 paragraph (4) of perma number 1 of 2011 are limitative, so they cannot deviate. from the two norms, it is clear that there are differences in legal subjects who can become applicants for judicial review under the law. these differences lead to an inconsistency of norms between the perma and the law. this is because the two norms, when interpreted with grammatical interpretations, have a limiting nature that differs from one another. to dig deeper into this issue, the author tries to take a historical, juridical approach to the causes of the inconsistency of the two norms. the provisions of article 1 number 4 perma number 1 of 2011 are the same as perma number 1 of 2004. perma 1 of 2004 was formed based on law number 5 of 2004. law number 5 of 2004 has not specifically regulated who may become a legal subject of the applicant for review of statutory regulations under the law. subsequently, law number 5 of 2004 was amended by law number 3 of 2009. in this change, the norm of article 31 a emerged, which regulates which parties can become applicants for judicial review under the law. however, these changes were not accommodated by perma no. 1 of 2011. law number 3 of 2009 concerning the supreme court, which regulates legal subjects who have the right to submit requests for review of statutory regulations under the law, has been issued since january 2009, while perma number 1 of 2011 was issued on may 30 2011. within this timeframe, changes to perma no. 1 of 2011 do not accommodate the provisions of article 31 a paragraph (2) while retaining the substance of the norm of perma no. 1 of 2004, which is no longer relevant to law no. 3 of 2009 because it has been regulated subject to applicants who have legal standing.30 the nature of the norms of article 1 paragraph (4) perma number 1 of 2004 contains an imitative definition, while article 31a paragraph (2) of law number 3 of 2009 gives rights to legal subjects different from those regulated in the perma. the existence of article 1 paragraph (4) perma number 1 of 2011 creates differences and inconsistencies in norms. this inconsistency is because the two 29 fatma ulfatun najicha and others. 30 ishak and mikea manitra. https://www.jhcls.org/index.php/jhcls 158 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) norms are limitations in nature (provide boundaries) but have different substances from one another and are not directly related. the author considers this condition a symptom of the supreme court's carelessness in issuing perma no. 1 of 2011 because it was not carried out with good juridical considerations. it can be judged that perma no. 1 of 2011 only made a small improvement to perma no. 1 of 2004 without taking into account the provisions of the law that had been changed. based on article 31a paragraph (1) junto article 81 c law number 3 of 2009, which states that implementing regulations of laws and regulations must have been enacted no later than 6 (six) months after this law was promulgated. this provision emphasizes the necessity for the supreme court to immediately conduct a review regarding the existence of perma no. 1 of 2004 concerning the right to judicial review as one of the implementing legal instruments whose substance has changed in law no. 3 of 2009.31 in this case, perma number 1 of 2004, a review of the implementing regulations is only carried out on provisions related to the grace period. meanwhile, the substance of the other perma materials was not changed. the supreme court only issued a perma in 2011 without paying attention to the material regulated in law number 2009 concerning legal subjects who can submit a review of statutory regulations under the law. the impact of norm disharmony in regulation of supreme court number 1 of 2011 on legal certainty a system is an orderly arrangement or order consisting of parts related to each other, arranged according to a plan or pattern, the result of thought to achieve a goal. in a good system, there should be no duplication or overlap between the parts of the system. a system always consists of several elements or components that are interrelated and influenced, bound by one or several certain principles. theoretically, laws and regulations are a system that does not want and does not justify conflicts between the elements or parts. laws and regulations are interrelated and are part of a system, namely the national legal system. harmonized and integrated laws and regulations are indispensable for creating order and guaranteeing legal certainty and protection.32 the system for reviewing statutory regulations is a mechanism established to maintain the system of norms applicable in the country so that they do not conflict with each other between the elements or parts of the statutory regulations. judicial review to maintain harmonious and integrated laws and regulations. the consistency of a statutory and legal arrangement will greatly affect legal certainty. legal certainty as one of the goals of law can be said as part of efforts to achieve justice. every material legislation must have a guarantee of legal certainty. legal certainty refers to the fact that the material contained in the regulation must contain clarity, not cause multiple interpretations, not create contradictions, and 31 leyla d. karakas, ‘political rents under alternative forms of judicial review’, international review of law and economics, 52 (2017), 86–96 https://doi.org/10.1016/j.irle.2017.08.004 32 avdasheva, golovanova, and katsoulacos. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.irle.2017.08.004 issn 2807-2812 journal of human rights, culture and legal system 159 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) be enforceable and capable of guaranteeing every citizen's rights and obligations. people do not know what to do without legal certainty, and finally, there is unrest in society.33 perma, as a rule, should be able to create and achieve the goal of providing legal certainty. legal certainty can be assessed from the perma material, which must contain clarity, not cause multiple interpretations, not cause contradictions, and can be implemented. the problem of disharmony of norms contained in perma number 1 of 2011, both related to the authority to examine formally and the applicant's subject for review of statutory regulations under the law, has an impact on legal certainty.34 to find out this impact, the writer needs to explain the conditions of the two problems of norm disharmony by relating them to real conditions (practice), which can be seen in the decisions of the supreme court. first, the issue of disharmony related to the authority to examine formally arises because of the choice of the terminology "right of judicial review" in the title and norms of article 1 paragraph (1) juncto article 1 paragraph (3) perma number 1 of 2011 does not describe or regulate the authority to examine formally. by the supreme court. these conditions lead to the interpretation that the supreme court only conducts material examinations.35 by the norms in the original intent of article 24a paragraph (1) of the 1945 constitution of the republic of indonesia and strengthened by article 31, article 31a paragraph (3) of the supreme court law, it can be interpreted that the supreme court also has the authority to conduct formal examinations. even in practice, the supreme court has entered into a formal review, namely the supreme court decision number 15 p/hum/2009, which declared article 22 letter c and article 23 paragraph (1) and paragraph (3) kpu regulation no 15/2009 invalid. with the phrase "the formation is contrary to" in the second ruling, it can be said that the supreme court has entered the formal examination realm.36 another request for formal examination can be seen in decision number 54p/hum/2013. in this decision, the supreme court granted the petitioner's request to review it materially, but the supreme court did not conduct a formal review. in fact, on this consideration, the supreme court did not give any reason for not conducting a formal trial. this gives rise to confusion about implementing the norm of authority to formally examine because the panel of judges accepts the application containing the argument for a formal examination. however, the panel 33 william dubinsky, daniel a. farber, and philip p. frickey, law and public choice: a critical introduction, michigan law review, 1992, xc https://doi.org/10.2307/1289429 34 chris marsden, trisha meyer, and ian brown, ‘platform values and democratic elections: how can the law regulate digital disinformation?’, computer law and security review, 36 (2020), 105373 https://doi.org/10.1016/j.clsr.2019.105373 35 giovanni de gregorio, ‘democratising online content moderation: a constitutional framework’, computer law and security review, 36 (2020), 105374 https://doi.org/10.1016/j.clsr.2019.105374 36 peter alexander earls davis, ‘decrypting australia’s “anti-encryption” legislation: the meaning and effect of the “systemic weakness” limitation’, computer law and security review, 44.september 2018 (2022), 105659 https://doi.org/10.1016/j.clsr.2022.105659 https://www.jhcls.org/index.php/jhcls https://doi.org/10.2307/1289429 https://doi.org/10.1016/j.clsr.2019.105373 https://doi.org/10.1016/j.clsr.2019.105374 https://doi.org/10.1016/j.clsr.2022.105659 160 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) of judges also does not conduct the examination or give further consideration regarding the argument for the applicant's request for a formal examination.37 the author considers that if it is deemed that the supreme court is not authorized to examine formally by article 1 paragraph (1) of the supreme court regulation number 1 of 2011, then the panel of judges must still mention the considerations and order to reject the formal examination because it is not authorized. moreover, if the panel of judges has received the request for a formal review by article 24a paragraph (1) of the nri constitution and article 31, article 31a paragraph (3) of the supreme court law, the panel of judges must consider whether the application has legal grounds to be granted or instead rejected. the existence of a request for a formal review that is received by the supreme court (even though it is not considered or decided) does not necessarily become a sich argument that the supreme court has exercised its authority in the formal examination as stipulated in article 24 a paragraph (1) of the 1945 constitution of the republic of indonesia, article 31, article 31 a paragraph (3) of the supreme court law.38 second, furthermore, the cause of the disharmony of norms related to legal subjects who can become petitioners for testing legislation under the law is due to differences in the limits (qualifications) of applicants as regulated in article 1 paragraph (4) of perma number 1 of 2011 with article 31 a paragraph ( 2) letter an of law number 3 of 2009. the problem of disharmony of norms is seen from the perma, which only mentions community groups or individuals who can be applicants for objections. in contrast, the law mentions indonesian citizens, indigenous peoples, and public and private legal entities. resulting in legal uncertainty for parties who wish to test the legislation under the law.39 to assess whether the author's hypothesis that the disharmony of norms related to legal subjects results in legal uncertainty. the author has examined several supreme court decisions to assess the extent to which the norms of article 1 paragraph (4) of the supreme court number 1 of 2011 can provide legal certainty. from this research, it can be concluded that the norms of article 1 paragraph (4) of perma number 1 of 2011 cannot be applied to determine the qualifications of certain legal subjects who meet formal qualifications. especially regarding legal subjects outside the perma, which are regulated by law, in the example above private legal entities. in the example of the decision above, there is a decision stating that it has fulfilled the formal requirements of article 1 paragraph (4) of the 37 femmy silaswaty faried, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 38 andry harijanto, siti hatikasari, and juliet musabula, ‘the model of legal protection for children victims of domestic violence based on justice elimination of violence against women . 2 indonesia has ratified the united nations convention on the elimination of all forms of discrimination against women ( conve’, journal of human rights, culture and legal system, 2.2 (2022), 100–112 https://doi.org/10.53955/jhcls.v2i2.33 39 wibowo, nurjaya, and safaat. https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.31 https://doi.org/10.53955/jhcls.v2i2.33 issn 2807-2812 journal of human rights, culture and legal system 161 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) supreme court regulation number 1 of 2011. however, the norms in the perma do not regulate private legal entities at all.40 on another consideration, the supreme court also uses conjunctions or phrases, the words "and" / "further" or "juncto", but these two phrases are not appropriate to use because the norm of article 1 paragraph (4) of the supreme court regulation number 1 of 2011 is not a continuation of provisions governing private legal entities or the compilation of requirements to determine the legal standing of a private legal entity. the difference again occurs in the supreme court's decision which does not consider the provisions of article 1 paragraph (4) of perma number 1 of 2011 for applicants in the form of private legal entities. this condition can be interpreted that the provisions of article 1 paragraph (4) of perma number 1 of 2011 can be overridden by the panel of judges in assessing the legal standing of private legal entities.41 specifically regarding decisions where the applicant's subject is an individual, the norms of article 1 paragraph (4) of the supreme court regulation number 01 of 2011 and article 31 a paragraph (2) of law number 3 of 2009 can be considered or applied simultaneously. this is because, in essence, the substance of the norm is the same. however, the question arises of what happens to duplication of norms. if it is said as an affirmation, why is article 1 paragraph (4) of the supreme court regulation number 1 of 2011 different from article 31 a paragraph (2) of law number 3 of 2009?. in the two discussions above, there are similarities between disharmony of authority to examine formally and disharmony related to legal subjects. namely the sound of different norms, interpretations and implementations related to the norms of perma no. 1 of 2011. a statutory regulation must be easy to understand and not have multiple interpretations because only some understand the legal provisions or can interpret a legal regulation. general and abstract formulations of laws are often vulnerable to different interpretations by interested legal subjects. even though clarity of purpose and clarity of formulation are the principles for the formation of legislation, in reality, few laws have vague objectives and ambiguous formulations. this opens up opportunities for multiple interpretations, which complicates its implementation.42 applying the law must not lead to errors or differences in interpretation. based on the concept of legal certainty, the law or regulation is enforced as desired by the sound of the regulation law. the problem of norm disharmony that occurs due to differences in the sound of norms, interpretation and implementation will impact the objectives of legal certainty. legal certainty can only be realized if there are no conflicting regulations, and there must be conformity between regulations and daily implementation. perma number 1 of 2011, which is different from the 40 saldi isra and hilaire tegnan, ‘legal syncretism or the theory of unity in diversity as an alternative to legal pluralism in indonesia’, international journal of law and management, 63.6 (2021), 553–68 https://doi.org/10.1108/ijlma-04-2018-0082 41 siboy and others. 42fatma ulfatun najicha and others. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1108/ijlma-04-2018-0082 162 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) norms of the constitution and the supreme court law, is unlikely to be able to create legal certainty in its implementation. law without the value of legal certainty will lose meaning. this can be seen in the problem of article 1, paragraph (4) of perma number 1 of 2011, which almost lost its function. the norm of article 1 paragraph (4) of perma number 1 of 2011 is no longer relevant because it is the substance of the norm of perma number 1 of 2004, which has not been changed. while the law has been regulated more completely so that when it is applied to legal considerations the decision of article 1 paragraph (4) perma number 1 of 2011 only tries to make connections. the norms in the perma cannot be understood easily, and there are even multiple interpretations, creating legal uncertainty. the legal uncertainty is due to the failure of the perma to provide clarity regarding the authority of the supreme court in conducting the formal review or indicating which legal subjects can review statutory regulations under the law.43 a judicial review testing system whose main purpose is to provide legal certainty and maintain harmonization of norms. simply put, judicial review requires harmony between norms, but the perma, as one of the regulations governing judicial review, contains the problem of disharmony of norms. legal certainty, the main principle and goal to be achieved in implementing the judicial review system, must be reflected in the judicial review regulation itself (perma). 4. conclusion the problem of normative disharmony in perma number 1 of 2011 concerning the right to judicial review is related to two things. first, disharmony of norms related to the authority to examine formally. this disharmony of norms is because perma number 1 of 2011 does not include or regulate formal testing. in the perma that is used as a touchstone is only the material aspect, namely whether a statutory regulation being tested contradicts or not with a higher statutory regulation. this is inconsistent with the original intent of article 24a paragraph (1) of the 1945 constitution of the republic of indonesia, article 20 of law number 48 of 2009 concerning judicial powers, article 31 of law number 5 of 2004 and article 31 a of law number 3 of 2009 second, the disharmony of norms related to the legal subject matter of the petitioner for review of legislation under the law, this occurs due to differences between article 1 paragraph (4) of perma number 1 of 2011 with origin 31 a paragraph (2) of law number 3 of 2011. 2009. the two norms are limitative, but both are not related to one another. the cause of this problem is because perma number 1 of 2011 does not accommodate changes to the law on the supreme court 43bayu dwi anggono and fahmi ramadhan firdaus, ‘omnibus law in indonesia: a comparison to the united states and ireland’, lentera hukum, 7.3 (2020), 319–36 https://doi.org/10.19184/ejlh.v7i3.19895 https://www.jhcls.org/index.php/jhcls https://doi.org/10.19184/ejlh.v7i3.19895 issn 2807-2812 journal of human rights, culture and legal system 163 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) references aji, adiguna bagas waskito, puji wiyatno, ridwan arifin, and ubaidillah kamal, ‘social justice on environmental law enforcement in indonesia: the contemporary and controversial cases’, the indonesian journal of international clinical legal education, 2.1 (2020), 57–72 https://doi.org/10.15294/ijicle.v2i1.37324 anggono, bayu dwi, and fahmi ramadhan firdaus, ‘omnibus law in indonesia: a comparison to the united states and ireland’, lentera hukum, 7.3 (2020), 319–36 https://doi.org/10.19184/ejlh.v7i3.19895 avdasheva, svetlana, svetlana golovanova, and yannis katsoulacos, ‘the role of judicial review in developing evidentiary standards: the example of market analysis in russian competition law enforcement’, international review of law and economics, 58 (2019), 101–14 https://doi.org/10.1016/j.irle.2019.03.003 barr, michael s., and geoffrey p. miller, ‘global administrative law: the view from basel’, european journal of international law, 17.1 (2006), 15–46 https://doi.org/10.1093/ejil/chi167 bedner, adriaan, ‘consequences of decentralization: environmental impact assessment and water pollution control in indonesia’, law and policy, 32.1 (2010), 38–60 https://doi.org/10.1111/j.1467-9930.2009.00313.x cohen, alon, ‘independent judicial review: a blessing in disguise’, international review of law and economics, 37 (2014), 209–20 https://doi.org/10.1016/j.irle.2013.10.006 daniel k. tarullo, ‘bank supervision and administrative law’, columbia business law review, 2022.1 (2022) https://doi.org/10.52214/cblr.v2022i1.9983 davis, peter alexander earls, ‘decrypting australia’s “anti-encryption” legislation: the meaning and effect of the “systemic weakness” limitation’, computer law and security review, 44.september 2018 (2022), 105659 https://doi.org/10.1016/j.clsr.2022.105659 dubinsky, william, daniel a. farber, and philip p. frickey, law and public choice: a critical introduction, michigan law review, 1992, xc https://doi.org/10.2307/1289429 eviningrum, sulistya, and vasco fronzoni, ‘the model of coaching narcotics prisoners in the correctional penitentiary’, journal of human rights, cul ture and legal system, 2.2 (2022), 78–86 https://doi.org/10.53955/jhcls.v2i2.26 fatma ulfatun najicha, lego karjoko, i gusti ayu ketut rachmi handayania, rosita chandrakirana, and dian furqani tenrilawa, ‘the conceptualization of environmental administration law in environmental pollution control’, journal of human rights, culture and legal system, 2.2 (2022), 87–99 https://doi.org/10.53955/jhcls.v2i2.44 gaffar, salahuddin, agus mulya karsona, yani pujiwati, and indra perwira, ‘the concept of procedural law regarding the implementation of collective agreements with legal certainty in termination of employment in https://www.jhcls.org/index.php/jhcls https://doi.org/10.15294/ijicle.v2i1.37324 https://doi.org/10.19184/ejlh.v7i3.19895 https://doi.org/10.1016/j.irle.2019.03.003 https://doi.org/10.1093/ejil/chi167 https://doi.org/10.1111/j.1467-9930.2009.00313.x https://doi.org/10.1016/j.irle.2013.10.006 https://doi.org/10.52214/cblr.v2022i1.9983 https://doi.org/10.1016/j.clsr.2022.105659 https://doi.org/10.2307/1289429 https://doi.org/10.53955/jhcls.v2i2.26 https://doi.org/10.53955/jhcls.v2i2.44 164 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) indonesia’, heliyon, 7.4 (2021), e06690 https://doi.org/10.1016/j.heliyon.2021.e06690 de gregorio, giovanni, ‘democratising online content moderation: a constitutional framework’, computer law and security review, 36 (2020), 105374 https://doi.org/10.1016/j.clsr.2019.105374 gregorio, giovanni de, ‘digital constitutionalism in europe reframing rights and powers in the algorithmic society’, gastronomía ecuatoriana y turismo local., 1.69 (1967), 5–24 https://doi.org/10.2307/1289429 harijanto, andry, siti hatikasari, and juliet musabula, ‘the model of legal protection for children victims of domestic violence based on justice elimination of violence against women . 2 indonesia has ratified the united nations convention on the elimination of all forms of discrimination against women ( conve’, journal of human rights, culture and legal system, 2.2 (2022), 100–112 https://doi.org/10.53955/jhcls.v2i2.33 hartanto, dadang, juhriyansyah dalle, a. akrim, and hastin umi anisah, ‘perceived effectiveness of e-governance as an underlying mechanism between good governance and public trust: a case of indonesia’, digital policy, regulation and governance , 23.6 (2021), 598–616 https://doi.org/10.1108/dprg-03-2021-0046 huda, ni’matul, dodik setiawan nur heriyanto, and allan fatchan gani wardhana, ‘the urgency of the constitutional preview of law on the ratification of international treaty by the constitutional court in indonesia’, heliyon, 7.9 (2021), e07886 https://doi.org/10.1016/j.heliyon.2021.e07886 ishak, nurfaika, and romalina ranaivo mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/10.53955/jhcls.v2i1.24 isra, saldi, and hilaire tegnan, ‘legal syncretism or the theory of unity in diversity as an alternative to legal pluralism in indonesia’, international journal of law and management, 63.6 (2021), 553–68 https://doi.org/10.1108/ijlma-04-2018-0082 jaelani, abdul kadir, and muhammad jihadul hayat, ‘the proliferation of regional regulation cancellation in indonesia’, journal of human rights, culture and legal system, 2.2 (2022), 121–38 https://doi.org/10.53955/jhcls.v2i2.38 junaedi, junaedi, ‘efforts to prevent bureaucratic corruption based on the piercing principles of the governance veil in realizing good governance and clean governance in indonesia’, journal la sociale, 1.2 (2020), 10–16 https://doi.org/10.37899/journal-la-sociale.v1i2.87 karakas, leyla d., ‘political rents under alternative forms of judicial review’, international review of law and economics, 52 (2017), 86–96 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2021.e06690 https://doi.org/10.1016/j.clsr.2019.105374 https://doi.org/10.2307/1289429 https://doi.org/10.53955/jhcls.v2i2.33 https://doi.org/10.1108/dprg-03-2021-0046 https://doi.org/10.1016/j.heliyon.2021.e07886 https://doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.1108/ijlma-04-2018-0082 https://doi.org/10.53955/jhcls.v2i2.38 https://doi.org/10.37899/journal-la-sociale.v1i2.87 issn 2807-2812 journal of human rights, culture and legal system 165 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) https://doi.org/10.1016/j.irle.2017.08.004 karjoko, lego, i gusti ayu ketut rachmi handayani, abdul kadir jaelani, and muhammad jihadul hayat, ‘indonesia’s sustainable development goals resolving waste problem: informal to formal policy’, international journal of sustainable development and planning, 17.2 (2022), 649–58 https://doi.org/10.18280/ijsdp.170230 marsden, chris, trisha meyer, and ian brown, ‘platform values and democratic elections: how can the law regulate digital disinformation?’, computer law and security review, 36 (2020), 105373 https://doi.org/10.1016/j.clsr.2019.105373 mohamad faiz, pan, ‘perlindungan terhadap lingkungan dalam perspektif konstitusi environmental protection in constitutional perspective’, jurnal konstitusi, 13.4 (2016), 766–87 https://doi.org/https://doi.org/10.31078/jk1344 prasetyo, ngesti, moh fadli, tunggul sn, and muchamad safaat, ‘the politics of indonesias decentralization law based on regional competency’, brawijaya law journal, 8.2 (2021), 159–84 https://doi.org/10.21776/ub.blj.2021.008.02.01 ramlan, shazny, ‘religious law for the environment: comparative islamic environmental law in singapore, malaysia, and indonesia’, ssrn electronic journal, 15, 2019 https://doi.org/10.2139/ssrn.3405923 rian saputra and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022), 1–13 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.21 ridwansyah, muhammad, and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, journal of human rights, culture and legal system, 2.1 (2022), 55–65 https://doi.org/10.53955/jhcls.v2i1.27 saputra, rian, muhammad khalif ardi, pujiyono pujiyono, sunny ummul firdaus, universitas slamet riyadi, and universitas sebelas maret, ‘reform regulation of novum in criminal judges in an effort’, jils (journal of indonesian legal studies), 6.2 (2021), 437–82 https://doi.org/https://doi.org/10.15294/jils.v6i2.51371 siboy, ahmad, sholahuddin al-fatih, virga dwi efendi, and nur putri hidayah, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/10.53955/jhcls.v2i1.23 silaswaty faried, femmy, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 trood, michael d., benjamin l. spivak, and james r.p. ogloff, ‘a systematic review and meta-analysis of the effects of judicial supervision on recidivism and well-being factors of criminal offenders’, journal of criminal justice, 74.october 2020 (2021), 101796 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.irle.2017.08.004 https://doi.org/10.18280/ijsdp.170230 https://doi.org/10.1016/j.clsr.2019.105373 https://doi.org/https:/doi.org/10.31078/jk1344 https://doi.org/10.21776/ub.blj.2021.008.02.01 https://doi.org/10.2139/ssrn.3405923 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.21 https://doi.org/10.53955/jhcls.v2i1.27 https://doi.org/https:/doi.org/10.15294/jils.v6i2.51371 https://doi.org/10.53955/jhcls.v2i1.23 https://doi.org/10.53955/jhcls.v2i1.31 166 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 3, november 2022, pp. 149-166 taufik hidayat, et.al, (disharmonization of supreme court…) https://doi.org/10.1016/j.jcrimjus.2021.101796 wibowo, mardian, i nyoman nurjaya, and muchammad ali safaat, ‘the criticism on the meaning of “open legal policy” in verdicts of judicial review at the constitutional court mardian wibowo’, constitutional review, 3.2 (2018), 262 https://doi.org/10.31078/consrev326 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jcrimjus.2021.101796 https://doi.org/10.31078/consrev326 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 121 https://doi.org/10.53955/jhcls.v2i2.38 journalhumanrightslegalsystem@gmail.com the proliferation of regional regulation cancellation in indonesia abdul kadir jaelania* , muhammad jihadul hayatb afaculty of law, universitas sebelas maret, surakarta, indonesia. bfaculty of sharia and law, uin sunan kalijaga, yogyakarta, indonesia. *corresponding author: jaelaniabdulkadir@staff.uns.ac.id 1. introduction implementation of regional autonomy is closely tied to regional governments' ability to create and implement laws and regulations.1 this authority is guaranteed by article 18 of the 1945 constitution of the republic of indonesia. in 1999, following the reform, law no. 22 of 1999 about the regional government was passed. in 2004, it was replaced by law no. 32 of 2004 on regional government, which was then amended by law no. 12 of 2008 pertaining to the second amendment to law no. 32 of 2004 about regional government. the president issued government regulation of law no. 2 of 2014 regarding regional 1tom s. clark, b. pablo montagnes, and jörg l. spenkuch, ‘politics from the bench? ideology and strategic voting in the u.s. supreme court’, journal of public economics, 214 (2022), 104726 https://doi.org/10.1016/j.jpubeco.2022.104726 a r t i c l e i n f o a b s t r a c t article history received: january 10, 2022 revised: july 23, 2022 accepted: july 30, 2022 the purpose of constitutional amendments is to grant the supreme court the authority to review laws and regulations in accordance with the law. however, the arrangement did not function optimally due to the government's persistent assumption of the authority to cancel regional regulations. in an era of regional autonomy, the purpose of this study is to examine the implementation of the ranking of laws and regulations regarding the repeal of regional legal products. this is a normative legal study utilizing secondary data. the results demonstrated that the concept of implementing the ranking of laws and regulations on the repeal of regional legal products during the era of regional autonomy was not carried out in accordance with the constitution and should have been limited while it was still in the form of draft regional regulations. this is an open-access article under the cc–by 4.0 license. keywords proliferation; regional regulation; indonesia; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:jaelaniabdulkadir@staff.uns.ac.id https://doi.org/10.1016/j.jpubeco.2022.104726 https://creativecommons.org/licenses/by/4.0/ 122 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) government in 2014. in the same year, regional government law number 23 of 2014 was enacted.2 to achieve regional autonomy, regional regulations (perda) cannot be separated from the framework of the system of laws and regulations. since the enactment of regional autonomy in indonesia, the regions have been granted sufficient autonomy to formulate fiscal policy and local community lifestyle regulations independently. on the other hand, the existence of regional regulations is also the implementation of a representation system in local government policy formulation. regional regulations are indonesian laws and regulations enacted by the regional people's representative council (dprd) and regional heads. the content and production must adhere to the applicable legal and regulatory framework.3 the presence of content with regional characteristics (local content) does not mean that regional regulations can disregard the principles of formal law and regulation formation and their content. even though there is a spirit of regional autonomy in the formation of regional regulations, the formation of regional regulations cannot be separated from the national statutory system and remains within it.4 regional regulations must take the national interest into account as one of their components. the preceding argument places regional regulations in a prominent position within the system of national legislation. regional regulations are subordinate to the existing laws and regulations above them due to the material content of regional regulations as regulations that describe higher statutory regulations. the substance governed by the regional regulation has close ties to the regulations that precede it. in addition to frequently excluding other formal juridical and technical problems, regional regulations frequently conflict with higher laws and regulations and have not been designed to solve all problems. such disregard has resulted in numerous problems with regional regulations.5 president joko widodo (jokowi) requested that the minister of home affairs (mendagri), tjahjo kumolo, be able to eliminate 3,000 problematic regional regulations (perda) without conducting a study, as the problematic regional 2 rayhan dudayev, lugas lukmanul hakim, and indah rufiati, ‘participatory fisheries governance in indonesia: are octopus fisheries leading the way?’, marine policy, 147.september 2022 (2023), 105338 https://doi.org/10.1016/j.marpol.2022.105338 3 stefan voigt, ‘on the optimal number of courts’, international review of law and economics, 32.1 (2012), 49–62 https://doi.org/10.1016/j.irle.2011.12.008 4 fabio padovano and nadia fiorino, ‘strategic delegation and “judicial couples” in the italian constitutional court’, international review of law and economics, 32.2 (2012), 215–23 https://doi.org/10.1016/j.irle.2012.01.002 5 nadia fiorino, nicolas gavoille, and fabio padovano, ‘rewarding judicial independence: evidence from the italian constitutional court’, international review of law and economics, 43 (2015), 56–66 https://doi.org/10.1016/j.irle.2015.05.002 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.marpol.2022.105338 https://doi.org/10.1016/j.irle.2011.12.008 https://doi.org/10.1016/j.irle.2012.01.002 https://doi.org/10.1016/j.irle.2015.05.002 issn 2807-2812 journal of human rights, culture and legal system 123 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) regulations exceed 3,000 regional regulations.6 the law, presidential regulations (perpres), government regulations (pp), ministerial regulations (permen), and regional regulations make up 42,000 of indonesia's current regulations, according to jokowi. according to research conducted by the center for the study of law and policy in indonesia, as many as 154 regional policies issued at the provincial level, 19 district or city-level policies, and 134 policies at the village level between 1999 and 2013 became a means of institutionalizing discrimination, both intentionally and unintentionally. approximately 63 of the 154 regional policies discriminate against women through the right to freedom of expression (21 policies governing dress code), the reduction of the right to protection and legal certainty for criminalizing women (37 policies on eradicating corruption), the abolition of the right to protection and legal certainty (1 policy on the prohibition of seclusion), and the neglect of the right to protection. the remaining 82 regional policies govern religion, constituting the central authority.7 the constitutional court's decisions 137/puu-xiii/2015 and 56/puu-xiv/2016 established the supreme court as the institution authorized to annul regional regulations. if the community is harmed by the presence of a regional regulation, an objection is filed with the supreme court (judicial review). however, according to chapter xiii, article 181 of law number 11 of 2020 concerning job creation, the president regains the authority to cancel regional products. of course, this provision cannot be separated from the view that the president is the holder of the power to administer the government and establish laws and regulations. the source of the construction was the president and the party that handed over the affairs to the regional government.8 in an era of regional autonomy, when regional governments have a greater opportunity to create regional legal products, perda testing assumes great significance. the formation of regional legal products must adhere to the system of applicable laws and regulations, particularly article 7 of law number 12 of 2011 on the formation of laws. prior to promulgating or enacting a regional regulation, the central government has conducted a preview of the draft regional regulation. after the perda is enacted, the central government will be able to conduct repressive monitoring or testing. however, the supreme court may also 6 ade paranata, ‘heliyon the miracle of anti-corruption efforts and regional fiscal independence in plugging budget leakage : evidence from western and eastern indonesia’, heliyon, 8.february (2022), e11153 https://doi.org/10.1016/j.heliyon.2022.e11153 7 khomsin and others, ‘a determination analysis of regional maritime boundary based on regulation of home ministry affair number 76 in 2012 (case study: dispute of galang island border between surabaya and gresik)’, procedia earth and planetary science, 14 (2015), 83–93 https://doi.org/10.1016/j.proeps.2015.07.088 8 gina abelló and others, ‘early regionalization of the otic placode and its regulation by the notch signaling pathway’, mechanisms of development, 124.7–8 (2007), 631–45 https://doi.org/10.1016/j.mod.2007.04.002 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2022.e11153 https://doi.org/10.1016/j.proeps.2015.07.088 https://doi.org/10.1016/j.mod.2007.04.002 124 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) examine regional regulations. as a result, testing the perda is dualistic, with consequences for each supervision.9 the dualism of testing and supervising regional regulations is an effort to achieve the regularity of the substance of the law in indonesia, or, to borrow siti fatimah's term, the proliferation of judicial power is one of the efforts to achieve a simple, quick, and inexpensive judiciary. this dualism may result in legal ambiguity and inconsistency for citizens and the administration of state life. the existence of judicial power to exercise control over executive power (executive power) and legislative power is the most crucial aspect of a state of law (legislative power). using a judicial review mechanism to examine legislation is an example of the judiciary's control. the constitution of 1945 grants the supreme court and the constitutional court the authority to conduct judicial reviews.10 then, as an expansion of article 24 a of the 1945 constitution, article 9 paragraph 2 of law number 12 of 2011 concerning the establishment of legislation states that the supreme court conducts the examination if a statutory regulation under the act is suspected of being in conflict with the act. article 20 paragraph 2, letter c, of law number 48 of 2009 pertaining to judicial power specifies the supreme court's authority to examine statutory regulations that violate the law.11 in addition, article 138, paragraph 1, of presidential regulation number 87 of 2014 concerning implementing regulations of law number 12 of 2011 concerning the establishment of legislation states that the governor may file an objection with the supreme court if the provincial government objects to the cancellation of the provincial regulation. however, article 137 of the regulation of the minister of home affairs number 80 of 2015 concerning the establishment of regional legal products states that the objection mechanism is to be submitted to the president along with reasons for objection to the decree of the minister of home affairs concerning the cancellation of provincial regulations and governor regulations. article 139 states that the presidential decree mentioned in subsection (1) is final.12 the formation and testing of regional regulations are based on article 7 of law number 12 of 2011 concerning the formation of legislation (hans kelsen's 9 abidah b. setyowati and jaco quist, ‘contested transition? exploring the politics and process of regional energy planning in indonesia’, energy policy, 165.march (2022), 112980 https://doi.org/10.1016/j.enpol.2022.112980 10 sandra dewi arifiani and others, ‘assessing large-scale violence against children surveys in selected southeast asian countries: a scoping review’, child abuse and neglect, 93.december 2018 (2019), 149–61 https://doi.org/10.1016/j.chiabu.2019.05.005 11 robin sen and others, ‘“when you’re sitting in the room with two people one of whom… has bashed the hell out of the other”: possibilities and challenges in the use of fgcs and restorative approaches following domestic violence’, children and youth services review, 88.march (2018), 441–49 https://doi.org/10.1016/j.childyouth.2018.03.027 12 arif purnama oktora and hilaire tegnan, ‘strategy for implementing operations to handle the crime of narcotics’, journal of human rights, culture and legal system, 1.3 (2021), 201–13 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.18 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.enpol.2022.112980 https://doi.org/10.1016/j.chiabu.2019.05.005 https://doi.org/10.1016/j.childyouth.2018.03.027 https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.18 issn 2807-2812 journal of human rights, culture and legal system 125 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) theory), namely tiered legal norms (stufenbau des rechts), in which legal norms contained in statutory regulations may not conflict with higher regulations above them. a norm is valid because it was formulated in a predetermined manner, as determined by norms above it.13 in terms of the structure and hierarchy of the norm system, jazim hamidi elaborated that the highest norm (the basic norm) becomes the point of dependence for the norms below it. if fundamental norms are altered, the system of norms below them will be compromised. in this context, the ranking of statutory regulations (stufenbau theory) may serve as the basis for a judicial review.14 in an effort to apply article 7 of law no. 12 of 2011 on the formation of legislation (stufenbau theory) to the testing of regional regulations, the supreme court, as the executor of judicial power, can play an objective role in exercising control over the executive and legislative legal actions. 2. research method this study is normative legal research supported by empirical evidence. this legal study employs a literature review that investigates secondary data in the form of primary and secondary legal materials. the objective of normative legal research is to locate a rule of law, legal principles, and legal doctrines in order to resolve legal issues.15 this study employs multiple methodologies, including the statutory approach, the case approach, and the theoretical approach. primary legal materials consist of statutory regulations or other documents, such as the 1945 constitution of the republic of indonesia and laws and regulations pertaining to the job creation act, as well as relevant and related laws and regulations.16 the secondary legal materials pertaining to business licensing consist of research results, study results, books, and scientific journals. in this study, legal materials, including primary, secondary, and non-legal materials, were processed qualitatively. the collected written legal materials have been categorized according to the identified problems and have relevance to the issues studied outside of legal materials.17 13 utkarsh k mishra and abhishek negi, ‘should trade remedies be eliminated from wto : a response to tania voon’, journal of human rights, culture and legal system, 1.3 (2021), 194–200 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.20 14 arifin maruf, ‘legal aspects of environment in indonesia: an efforts to prevent environmental damage and pollution’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.4 15 redi res, ‘implementation of parate executie object of liability’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.6 16 syahlan syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.7 17 abdul kadir jaelani and resti dian luthviati, ‘the crime of damage after the constitutional court’s decision number 76/puu-xv/2017’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.5 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.20 https://doi.org/10.53955/jhcls.v1i1.4 https://doi.org/10.53955/jhcls.v1i1.6 https://doi.org/10.53955/jhcls.v1i1.7 https://doi.org/10.53955/jhcls.v1i1.5 126 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) 3. results and discussion cancellation of regional regulations in the era of regional government law no. 32 of 2004 as a normative control, testing can be conducted either by the regulatory agency itself or by an external agency. if the test is conducted by the institution performing the manufacturing, it is referred to as "internal testing" (internal control); if it is conducted by an institution outside the institution performing the manufacturing, it is referred to as "external testing" or "external supervision."18 additionally, supervision is distinguished by the duration of its implementation. a priori control and a posteriori control are the two types of time control. prioritary control is when oversight is conducted prior to the issuance of a government decision, decree, or other regulation whose issuance is indeed within the government's authority. in contrast, a-posteriori control is implemented if the supervision is only implemented after the issuance of a government decision or after the occurrence of a government action. regarding the supervision of autonomous government units, bagir manan identified two related supervision models: preventive supervision (preventief toezicht) and repressive supervision (repressief toezicht).19 it is related to the preceding supervisory model with the implementation of regional regulation supervision as one of the products of autonomous government administration, then this preventive supervision model is implemented by ratifying or not ratifying regional regulations drafted by the regional government. whereas, in this preventive supervision, a regional regulation can only take effect if it has been ratified by the authorities with the authority to ratify it. in the meantime, repressive supervision is conducted in two ways: by suspending the implementation of a regional regulation or by repealing a regional regulation.20 in general, there are two ways to annul regional legal products in indonesia: executive review and judicial review. executive review is the power of an executive agency to examine a statutory regulation and repeal it if it is deemed to be in conflict with higher laws and regulations or to be against the public interest. in the meantime, judicial review refers to the judiciary's authority to examine a statutory regulation and nullify it if it is deemed inconsistent with higher regulations.21 in other words, judicial review is the "right to examine" 18 nurfaika ishak, romalina ranaivo, and mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.24 19 nuno garoupa and peter grajzl, ‘spurred by legal tradition or contextual politics? lessons about judicial dissent from slovenia and croatia’, international review of law and economics, 63 (2020), 105912 https://doi.org/10.1016/j.irle.2020.105912 20 jan fałkowski and jacek lewkowicz, ‘are adjudication panels strategically selected? the case of constitutional court in poland’, international review of law and economics, 65 (2021) https://doi.org/10.1016/j.irle.2020.105950 21 nuno garoupa, marian gili, and fernando gómez pomar, ‘loyalty to the party or loyalty to the party leader: evidence from the spanish constitutional court’, international review of law and economics, 67 (2021) https://doi.org/10.1016/j.irle.2021.105999 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.1016/j.irle.2020.105912 https://doi.org/10.1016/j.irle.2020.105950 https://doi.org/10.1016/j.irle.2021.105999 issn 2807-2812 journal of human rights, culture and legal system 127 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) (toetsingsrecht) that judges are granted to examine a statutory regulation. the mechanism for repealing regional regulations can be found in each of the regional government statutes and regulations listed below. in the context of regional supervision, law no. 32 of 2004 concerning the regional government regulates the cancellation procedure for executive-owned regional regulations. article 136, paragraph 4, of law no. 32 of 2004 addresses the mechanism for the annulment of regional regulations.22 then, article 145, paragraph 2, of law no. 32 of 2004 emphasized that the government may annul regional regulations that are contrary to the public interest and/or higher statutory regulations. the regional head may file an objection with the supreme court if the province, agency, or city cannot accept the decision to revoke a regional regulation for reasons that can be supported by laws and regulations. in accordance with article 2 paragraph 4 of the regulation of the supreme court of the republic of indonesia, the supreme court provides a grace period of one hundred eighty (180) days from the enactment of the relevant laws and regulations.23 article 145, subsection (7), of law no. 32 of 2004 specifies a presidential regulation as the legal mechanism for the repeal of regional regulations. in practice, however, regional regulations are canceled by a decree issued by the minister of the interior. legally speaking, the cancellation of regional regulations by the minister of the interior is an error. this is a legal error because the legal instrument to revoke a regional regulation must be a presidential regulation, not a minister of home affairs decree. even worse, a decision in the beschikking field nullifies the regional regulation included in the regeling field. in other words, the decree of the minister of home affairs to cancel the regional regulation is not yet legally binding as a decision by the government to cancel the regional regulation, as the decision must be in the form of a presidential regulation (perpres).24 in accordance with article 186 of law no. 32 of 2004, the draft regency/municipal perda pertaining to the jointly approved apbd and the draft regent/mayor regulation pertaining to the elaboration of the apbd shall be submitted to the governor for review. the governor submits the results of the evaluation to the regent or mayor within fifteen (15) days of receiving the draft regency or city perda and the draft bapati or mayor regulation regarding the elaboration of the apbd. if the governor declares that the results of the evaluation of the draft perda on apbd and the draft regulation of the regent or mayor 22 paola bertoli, adriana g. garcia, and nuno garoupa, ‘testing an application of the political insurance model: the case of the mexican state-level administrative courts’, journal of economic behavior and organization, 195 (2022), 272–87 https://doi.org/10.1016/j.jebo.2022.01.021 23 danko tarabar and andrew t. young, ‘what constitutes a constitutional amendment culture?’, european journal of political economy, 66.september 2020 (2021), 101953 https://doi.org/10.1016/j.ejpoleco.2020.101953 24 khudzaifah dimyati and others, ‘indonesia as a legal welfare state: a prophetictranscendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jebo.2022.01.021 https://doi.org/10.1016/j.ejpoleco.2020.101953 https://doi.org/10.1016/j.heliyon.2021.e07865 128 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) concerning the elaboration of the apbd are in accordance with the public interest and higher laws and regulations, the regent or mayor shall stipulate the drafts as perda and regulation. if the governor says something different, the regent/mayor and the dprd will make changes no later than seven days after getting the results of the evaluation.25 in conclusion, law no. 32 of 2004 adopts a model of preventive (limited) and punitive supervision. in addition, the minister of home affairs and the governor are authorized to evaluate mutually agreed upon regional, municipal, or provincial raperdas. objections submitted to the supreme court through a judicial review mechanism are not directed at the regional regulations issued by the regional government but rather at the presidential regulations that cancel the regulations. cancellation of regional regulations in the era of law no. 23 of 2014 regional government law number 23 of 2014 regulates the cancellation of regional regulations owned by the executive (government). article 251 of law number 23 of 2014 is pertinent here. regulation of the minister of home affairs of the republic of indonesia number 80 of 2015 concerning the formation of regional legal products article 137 stipulates an objection mechanism by the governor and/or provincial dprd to the minister's decree concerning the cancellation of regional regulations. provincial and governor regulations accompanied by objections to the president article 152 (1): if the regent/mayor and/or regency/city dprd cannot accept the decision to cancel the regency/city regional regulation and the regent/mayor cannot accept the decision to cancel the regent/mayor regulation with reasons that can be justified by provisions of laws and regulations, the regent/mayor may submit an objection to the minister of home affairs through the director general of regional autonomy no later than 14 (fourteen) days after the issuance of the decision.26 in addition to its repressive function in terms of the repeal of regional regulations under law no. 23 of 2014, the government also has a preventative function. this law grants the government greater authority than the previous regional government laws, law no. 22 of 1999 and law no. 32 of 2004. in the context of executive review, the government exercises two types of supervision: repressive supervision and preventive supervision. article 251 of law no. 23 of 2014 governs repressive supervision, while article 245 governs preventive supervision in relation to the rpjpd, rpjmd, apbd, apbd amendments, 25 rodd myers and others, ‘claiming the forest: inclusions and exclusions under indonesia’s “new” forest policies on customary forests’, land use policy, 66.april (2017), 205–13 https://doi.org/10.1016/j.landusepol.2017.04.039 26 martin roestamy and others, ‘a review of the reliability of land bank institution in indonesia for effective land management of public interest’, land use policy, 120.february 2020 (2022), 106275 https://doi.org/10.1016/j.landusepol.2022.106275 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.landusepol.2017.04.039 https://doi.org/10.1016/j.landusepol.2022.106275 issn 2807-2812 journal of human rights, culture and legal system 129 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) accountability for the implementation of the apbd, regional taxes, regional levies, and spatial planning.27 the executive review authority is intended to establish a system of oversight in regional government administration, particularly with respect to regional legislative products. this monitoring is conducted while the perda, pergub, perbup, and perkot are in draft form and have been enacted. preventive oversight or in the form of a draft has regulated the mechanism in the provisions of article 242, article 243, article 246, and article 249 of law number 23 of 2014, specifically since the obligation of the regent or mayor to submit plans and regulations of the city/regency or regent/regency/the mayor to the governor, as well as the obligation of the governor to submit the draft and provincial regulations or the governor to the minister. draft city or regency regional regulations, or regent or mayor regulations, and draft provincial regulations, or governor regulations, cannot be published in regional gazettes or regional news if this requirement is not met.28 article 249 (1) of law no. 23 of 2014 requires the governor to submit provincial regulations and governor regulations to the minister within seven (seven) days of promulgation. the submission of the perda should be evaluated within 30 days. articles 132 and 145 paragraph 3 of the regulation of the minister of home affairs of the republic of indonesia, number 80 of 2015, on the formation of regional legal products states that the study referred to in paragraph (1) must be conducted within thirty (30) days of its receipt by the team. among all the explanations in law no. 23 of 2014 concerning regional government regarding the mechanism for canceling regional regulations, the government's authority is the most expansive; in addition to a repressive function (executive review) on testing regional regulations (perda), the government also has a preventive function (executive preview) on evaluating regional regulation drafts.29 cancellation of regional regulations in the era of law number 11 of 2021 regional regulations (perda) are the manifestation of a region's "regulatory authority." in contrast, the national legal system classifies regional regulations as one of the legislative products. in accordance with law no. 12 of 2011 and law no. 15 of 2019 concerning the formation of regulations, regional regulations occupy a position in the regulatory hierarchy. in this hierarchical context, the 27 nicolas suzor, ‘a constitutional moment: how we might reimagine platform governance’, computer law and security review, 36 (2020), 2018–21 https://doi.org/10.1016/j.clsr.2019.105381 28 giacomo giorgini pignatiello, ‘countering anti-lgbti+ bias in the european union. a comparative analysis of criminal policies and constitutional issues in italian, spanish and french legislation’, women’s studies international forum, 86.september 2020 (2021), 102466 https://doi.org/10.1016/j.wsif.2021.102466 29 stefano osella, ‘the court of justice and gender recognition: a possibility for an expansive interpretation?’, women’s studies international forum, 87.april (2021), 102493 https://doi.org/10.1016/j.wsif.2021.102493 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2019.105381 https://doi.org/10.1016/j.wsif.2021.102466 https://doi.org/10.1016/j.wsif.2021.102493 130 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) material content of local regulations is clearly bound and subject to the principle of lex superiori derogat legi inferiori; therefore, it is not permissible for the regulation's content to conflict with higher regulations. law no. 23 of 2014 authorizes the central government (minister of home affairs) to nullify provincial regulations in the event of a violation (problematic local regulations).30 in the meantime, the governor, as the representative of the central government, has the authority to revoke regency or city regional regulations. this provision was invalidated by the constitutional court during its development. the decisions 137/puu-xiii/2015 and 56/puu-xiv/2016 of the constitutional court designate the supreme court as the institution authorized to annul regional regulations. if a regional rule hurts a person, they can file a complaint with the supreme court (called "judicial review").31 article 181 of chapter xiii of the job creation law, however, returns the authority to repeal regional regulations to the government. these provisions designate the president as the official authorized to nullify local ordinances and regional head ordinances. this option is inextricably linked to the notion that the president has the authority to administer the government and create laws and regulations. the structure that was erected served as a source from which the regional government received information. the president has the authority to withdraw from affairs and repeal their governing regulations. this change's direction elicited both pros and cons from the community. on the one hand, this provision contradicts the constitutional court's binding decision from a legaljuridical standpoint.32 in contrast, since the decision of the constitutional court, numerous problematic regional regulations have continued to be enforced in the regions. the litigation process at the supreme court necessitates substantial financial resources and negatively affects the relationship between the regional government and the plaintiff. this empirical evidence demonstrates that granting supreme court cancellation authority has no effect on reducing or eliminating problematic regional regulations. faced with these realities, the government reverted to law no. 23 of 2014 by elevating the level of annulment to the president (via presidential decree) as part of the local government's supervisory function. on the other hand, this provision also allows the supreme court to overturn regional 30 frank louwen and others, ‘european journal of obstetrics & gynecology and reproductive biology the united states supreme court ruling and women ’ s reproductive rights – a position statement issued by the european board and college of obstetrics and gynaecology ( ebcog )’, 279.october (2022), 130–31 https://doi.org/10.1016/j.ejogrb.2022.10.012 31 emre mumcuoğlu and others, ‘natural language processing in law: prediction of outcomes in the higher courts of turkey’, information processing and management, 58.5 (2021), 102684 https://doi.org/10.1016/j.ipm.2021.102684 32 fernando a. correia and others, ‘fine-grained legal entity annotation: a case study on the brazilian supreme court’, information processing and management, 59.1 (2022), 102794 https://doi.org/10.1016/j.ipm.2021.102794 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ejogrb.2022.10.012 https://doi.org/10.1016/j.ipm.2021.102684 https://doi.org/10.1016/j.ipm.2021.102794 issn 2807-2812 journal of human rights, culture and legal system 131 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) regulations based on lawsuits filed by parties with legal standing (individuals and groups).33 according to the provisions listed above, there is no mention of "test" or "cancel." however, the terms "harmonization" and "synchronization" are encountered. as cited by erik sepria in the big indonesian dictionary published by balai pustaka, the term "harmonization" derives from the word "harmony," which means harmony and peace. while the term "harmonization" refers to an effort to achieve harmony, "harmonization of laws and regulations" is an effort or process to achieve harmony and harmony of principles and legal systems in order to create harmonious regulations.34 based on legal experts' explanations of the terms "harmonization" and "synchronization," the conclusion is that these two activities can be performed both during the formation of regulations and for regulations that are already in effect. according to the draft government regulation on harmonization and synchronization of legislation under the law, this mechanism applies only to statutory regulations, not draft statutory regulations. is this why the presence of article 181 paragraph (2) of chapter xiii of law no. 11 of 2020 regarding job creation is interpreted as an effort to reformulate the substance of the norms for testing regional regulations using an executive review model? why can regional harmonization and synchronization be considered a model for executive review? in the formulation related to harmonization and synchronization, the researchers drew three conclusions: first, these activities are not limited to a draft regional regulation but also to existing regional regulations. second, the government is responsible for carrying out these activities (executive field). this is evident from the minister's formation of the working group. thirdly, the regional regulation amendment or repeal is based on a letter from the minister of the interior.35 implementation of ranking of legislation against cancellation of regional regulations in addition to harmonizing one regulation with another, the ranking of statutory regulations serves as a means of disciplining the formation of regulations by describing the regulations it creates in relation to those that delegate or assign them. this process of alignment and discipline may be easier if there are fewer regulations. in the case of indonesia, however, the number of regulations tends to 33 philipp meyer, ‘transparency and strategic promotion: how court press releases facilitate judicial agenda-building in germany’, public relations review, 48.4 (2022), 102228 https://doi.org/10.1016/j.pubrev.2022.102228 34 adriana a. dragone silveira, ‘the role played by courts in promoting equal educational opportunity reforms: new york and são paulo cases’, international journal of educational development, 87.september (2021), 102495 https://doi.org/10.1016/j.ijedudev.2021.102495 35 daud rismana and hariyanto, ‘dualism of review model on regional regulations post act number 11 of 2020 on job creation’, jurnal ius kajian hukum dan keadilan, 9.1 (2021), 96–111 https://jurnalius.ac.id/ojs/index.php/jurnalius/article/view/818 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.pubrev.2022.102228 https://doi.org/10.1016/j.ijedudev.2021.102495 https://jurnalius.ac.id/ojs/index.php/jurnalius/article/view/818 132 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) be excessively high, making the process difficult to implement. according to maria farida, legal standards have dual aspects (das doppelte rechtsantlitz). according to this concept, upward legal norms are derived from and based on norms above them, whereas downward legal norms are derived from and based on norms below them.36 hans kelsen's theory of "stufenbau des rechts," or "the hierarchy of law," gave rise to stufentheorie. hans nawiasky expanded on kelsen's theory in die theorie von stufentordnung. indonesia began determining the ranking of its statutory regulations in 1966 using mprs decree no. xx/mprs/1966 regarding the dpr-gr memorandum on the sources of ri law order and order of legislation, which was based on these two theories. the purpose of the mprs was to bring order and consistency to the various legal products that were chaotic at the time due to the president's dominance. even though it aims to harmonize and regulate different legal products, until the mprs decree was repealed and replaced by mpr decree no. iii/mpr/2000, the dream of forming a harmonious and unified system of legal products was never realized. even its successor, article 7 of law no. 12 of 2011, has failed to achieve these goals.37 in the indonesian legal system, legislation is organized hierarchically or in tiers. this organizational structure has implications for its legal force. the greater the degree of regulation, the greater the legal authority. moreover, regulations below it must not deviate from those above it. regional regulations are arranged hierarchically in accordance with article 7 paragraph 1 of law no. 12 of 2011. provincial regulations and regency or city regional regulations are the two types of regional regulations in the hierarchy. pancasila is the source of state law within the indonesian legal system. pancasila occupies the highest level of legal norms as a staatsfundamental norm in hans nawiasky's framework but as a ground norm in hans kelsen's stufenbau des rechts theory. the republic of indonesia's constitution of 1945 serves as the foundation for statutory regulations. in accordance with article 7 paragraph 1 of law no. 12 from 2011.38 as a system, the hierarchy of laws and regulations confirms that the legal authority of lower laws and regulations cannot conflict with those of higher laws and regulations, as specified in article 7 paragraph 1 of law no. 12 of 2011. this is emphasized in article 7, paragraph 2, which states that the legal force of legislation conforms to the hierarchy described in paragraph 1. the provisions of 36 iswantoro iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, journal of human rights, culture and legal system, 1.1 (2021), 1–17. https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 37 siti rahma novikasari, duc quang ly, and kerry gershaneck, ‘taxing micro, small and medium enterprises in yogyakarta: regulation and compliance’, bestuur, 9.1 (2021). https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 38 sri wahyuni, dian luthviati, and muhhamd hayat, ‘the registration policy of interfaith marriage overseas for indonesian citizen’, bestuur, 10.1 (2022), 12–21. https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 issn 2807-2812 journal of human rights, culture and legal system 133 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) article 7 of law no. 12 of 2011 are consistent with the principle of lex superior derogat legi inferiori, which states that a regulation may also be declared invalid if it is manifestly in conflict with a higher standard. viewed from "theory of the degree order of the legal norm".39 commonly referred to as "toetsingrecht," a testing mechanism with the authority to examine institutions is required to maintain and discipline the hierarchy of laws and regulations. in indonesia, three institutions have the right to test (toetsingrecht): legislative review, executive review, and judicial review. legislative review is the examination authority granted to legislative institutions, and these institutions conduct activities to examine statutory regulations. executive review is the examination authority granted to executive agencies and institutions in order to conduct testing of laws and regulations. the constitutional court reviews laws in conflict with the constitution, while the supreme court reviews legal products under laws in conflict with the law. in the era of regional autonomy, however, the implementation of the ranking of statutory regulations for the cancellation of the 2016 regional regulations occurred out of sync with the staatsgrundgesets (1945 constitution), formal gesets (laws), and verordnung en autonome satzung (beginning with government regulations and regional regulations).40 the provisions of article 251 paragraphs 7 and 8 of law number 23 of 2014 and articles 136 to 139 of regulation of the minister of home affairs of the republic of indonesia number 80 of 2015 concerning the formation of legal products grant governors and ministers authority based on this ranking. the regions are in opposition to the higher hierarchy of laws and regulations because the supreme court reviews and nullifies regional regulations. in the opinion of the author, it is preferable for the supreme court to cancel legal products in the form of regional regulations. the author bases his argument on historical and functional methods. the historical method, also known as original intent or original history, is a decision-making process based on words that are less actual in written texts than the concepts that emerge from an examination of history or the ratification of the constitution. while the functional method is based on an analysis of the constitution's structure and how it is directed to operate as a coherent and harmonious system.41 39 nabiyla risfa izzati, mas muhammad, and gibran sesunan, ‘“misclassified partnership” and the impact of legal loophole on workers’, bestuur, 10.1 (2022), 57–67. https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 40 awaludin marwan and fiammetta bonfigli, ‘detection of digital law issues and implication for good governance policy in indonesia’, bestuur, 10.1 (2022), 22–32 https://doi.org/https://doi.org/10.20961/bestuur.v10i1.59143 41 zainal arifin mochtar and kardiansyah afkar, ‘president’s power, transition, and good governance’, bestuur, 10.1 (2022), 68–83 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 https://doi.org/https:/doi.org/10.20961/bestuur.v10i1.59143 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 134 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) article 251 paragraphs (1) and (2) of law no. 23 of 2014 are in conflict with article 24a paragraph (1) of the 1945 constitution. at a minimum, law number 23 of 2014 grants governors and ministers the authority to annul regional regulations that violate higher laws and regulations, public interest, and/or morality at the regency, city, or provincial level, as well as regulations of governors, regents, or mayors. as a result of the amendment to article 24 a, paragraph 1, of the 1945 constitution, which emphasized that the supreme court has the authority to review statutory regulations under the law, the government (executive) is no longer responsible for reviewing regional regulations; instead, the supreme court has this responsibility. thus, the regulation enacted by the government pursuant to law no. 23 of 2014 contradicts article 24 a of the 1945 constitution and is incompatible with law no. 4 of 2004 in conjunction with law no. 5 of 2004 in conjunction with law no. 3 of 2009 pertaining to the supreme court, law no. 12 of 2011 pertaining to the formation of legislation, and law no. 48 of 2009 pertaining to judicial power.42 4. conclusion based on the descriptions discussed in the previous section, the following conclusions can be drawn from this paper: first, the regulatory model for the repeal of regional regulations in the era of law 32 of 2004 adheres to a preventive (limited) and punitive supervision model. furthermore, the minister of home affairs and the governor are empowered to assess the mutually agreed-upon district, city, or provincial raperda. the submission of an objection to the supreme court via a judicial review mechanism is not directed at a regional regulation issued by the regional government but rather at a presidential regulation that nullifies the regional regulation. in addition to a repressive function (executive review) on the testing of regional regulations (perda), the government also has a preventive function (executive preview) on the evaluation of draft regional regulations under law number 23 of 2014 concerning regional government (perda). third, paragraph 2 of article 181 of chapter xiii of law no. 11 of 2020 concerning job creation returns an article that has been ruled unconstitutional because it is similar to the executive review provision of law no. 32 of 2004. references abelló, gina, safia khatri, fernando giráldez, and berta alsina, ‘early regionalization of the otic placode and its regulation by the notch signaling pathway’, mechanisms of development, 124.7–8 (2007), 631–45 https://doi.org/10.1016/j.mod.2007.04.002 arifiani, sandra dewi, sri andini handayani, monique baumont, cyril bennouna, and santi kusumaningrum, ‘assessing large-scale violence against children 42 rismana and hariyanto. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.mod.2007.04.002 issn 2807-2812 journal of human rights, culture and legal system 135 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) surveys in selected southeast asian countries: a scoping review’, child abuse and neglect, 93.december 2018 (2019), 149–61 https://doi.org/10.1016/j.chiabu.2019.05.005 bertoli, paola, adriana g. garcia, and nuno garoupa, ‘testing an application of the political insurance model: the case of the mexican state-level administrative courts’, journal of economic behavior and organization, 195 (2022), 272–87 https://doi.org/10.1016/j.jebo.2022.01.021 clark, tom s., b. pablo montagnes, and jörg l. spenkuch, ‘politics from the bench? ideology and strategic voting in the u.s. supreme court’, journal of public economics, 214 (2022), 104726 https://doi.org/10.1016/j.jpubeco.2022.104726 correia, fernando a., alexandre a.a. almeida, josé luiz nunes, kaline g. santos, ivar a. hartmann, felipe a. silva, and others, ‘fine-grained legal entity annotation: a case study on the brazilian supreme court’, information processing and management, 59.1 (2022), 102794 https://doi.org/10.1016/j.ipm.2021.102794 dimyati, khudzaifah, haedar nashir, elviandri elviandri, absori absori, kelik wardiono, and arief budiono, ‘indonesia as a legal welfare state: a prophetic-transcendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 dragone silveira, adriana a., ‘the role played by courts in promoting equal educational opportunity reforms: new york and são paulo cases’, international journal of educational development, 87.september (2021), 102495 https://doi.org/10.1016/j.ijedudev.2021.102495 dudayev, rayhan, lugas lukmanul hakim, and indah rufiati, ‘participatory fisheries governance in indonesia: are octopus fisheries leading the way?’, marine policy, 147.september 2022 (2023), 105338 https://doi.org/10.1016/j.marpol.2022.105338 fałkowski, jan, and jacek lewkowicz, ‘are adjudication panels strategically selected? the case of constitutional court in poland’, international review of law and economics, 65 (2021) https://doi.org/10.1016/j.irle.2020.105950 fiorino, nadia, nicolas gavoille, and fabio padovano, ‘rewarding judicial independence: evidence from the italian constitutional court’, international review of law and economics, 43 (2015), 56–66 https://doi.org/10.1016/j.irle.2015.05.002 garoupa, nuno, marian gili, and fernando gómez pomar, ‘loyalty to the party or loyalty to the party leader: evidence from the spanish constitutional court’, international review of law and economics, 67 (2021) https://doi.org/10.1016/j.irle.2021.105999 garoupa, nuno, and peter grajzl, ‘spurred by legal tradition or contextual politics? lessons about judicial dissent from slovenia and croatia’, international review of law and economics, 63 (2020), 105912 https://doi.org/10.1016/j.irle.2020.105912 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.chiabu.2019.05.005 https://doi.org/10.1016/j.jebo.2022.01.021 https://doi.org/10.1016/j.jpubeco.2022.104726 https://doi.org/10.1016/j.ipm.2021.102794 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.1016/j.ijedudev.2021.102495 https://doi.org/10.1016/j.marpol.2022.105338 https://doi.org/10.1016/j.irle.2020.105950 https://doi.org/10.1016/j.irle.2015.05.002 https://doi.org/10.1016/j.irle.2021.105999 https://doi.org/10.1016/j.irle.2020.105912 136 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) giorgini pignatiello, giacomo, ‘countering anti-lgbti+ bias in the european union. a comparative analysis of criminal policies and constitutional issues in italian, spanish and french legislation’, women’s studies international forum, 86.september 2020 (2021), 102466 https://doi.org/10.1016/j.wsif.2021.102466 ishak, nurfaika, romalina ranaivo, and mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.24 iswantoro, iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, journal of human rights, culture and legal system, 1.1 (2021), 1–17 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 izzati, nabiyla risfa, mas muhammad, and gibran sesunan, ‘“misclassified partnership” and the impact of legal loophole on workers’, bestuur, 10.1 (2022), 57–67. https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 jaelani, abdul kadir, and resti dian luthviati, ‘the crime of damage after the constitutional court’s decision number 76/puu-xv/2017’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.5 khomsin, ria widiastuty, teguh fayakun alif, and eko artanto, ‘a determination analysis of regional maritime boundary based on regulation of home ministry affair number 76 in 2012 (case study: dispute of galang island border between surabaya and gresik)’, procedia earth and planetary science, 14 (2015), 83–93 https://doi.org/10.1016/j.proeps.2015.07.088 louwen, frank, sambit mukhopadhyay, tahir mahmood, nuno nogueira martins, and basil tarlatzis, ‘european journal of obstetrics & gynecology and reproductive biology the united states supreme court ruling and women ’ s reproductive rights – a position statement issued by the european board and college of obstetrics and gynaecology ( ebcog )’, 279.october (2022), 130–31 https://doi.org/10.1016/j.ejogrb.2022.10.012 maruf, arifin, ‘legal aspects of environment in indonesia: an efforts to prevent environmental damage and pollution’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.4 marwan, awaludin, and fiammetta bonfigli, ‘detection of digital law issues and implication for good governance policy in indonesia’, bestuur, 10.1 (2022), 22–32 https://doi.org/https://doi.org/10.20961/bestuur.v10i1.59143 meyer, philipp, ‘transparency and strategic promotion: how court press releases facilitate judicial agenda-building in germany’, public relations review, 48.4 (2022), 102228 https://doi.org/10.1016/j.pubrev.2022.102228 mishra, utkarsh k, and abhishek negi, ‘should trade remedies be eliminated from wto : a response to tania voon’, journal of human rights, culture and legal system, 1.3 (2021), 194–200 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.wsif.2021.102466 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.24 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.1016/j.proeps.2015.07.088 https://doi.org/10.1016/j.ejogrb.2022.10.012 https://doi.org/10.53955/jhcls.v1i1.4 https://doi.org/https:/doi.org/10.20961/bestuur.v10i1.59143 https://doi.org/10.1016/j.pubrev.2022.102228 issn 2807-2812 journal of human rights, culture and legal system 137 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) https://doi.org/https://doi.org/10.53955/jhcls.v1i3.20 mochtar, zainal arifin, and kardiansyah afkar, ‘president’s power, transition, and good governance’, bestuur, 10.1 (2022), 68–83 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 mumcuoğlu, emre, ceyhun e. öztürk, haldun m. ozaktas, and aykut koç, ‘natural language processing in law: prediction of outcomes in the higher courts of turkey’, information processing and management, 58.5 (2021), 102684 https://doi.org/10.1016/j.ipm.2021.102684 myers, rodd, dian intarini, martua thomas sirait, and ahmad maryudi, ‘claiming the forest: inclusions and exclusions under indonesia’s “new” forest policies on customary forests’, land use policy, 66.april (2017), 205–13 https://doi.org/10.1016/j.landusepol.2017.04.039 novikasari, siti rahma, duc quang ly, and kerry gershaneck, ‘taxing micro, small and medium enterprises in yogyakarta: regulation and compliance’, bestuur, 9.1 (2021) https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 oktora, arif purnama, and hilaire tegnan, ‘strategy for implementing operations to handle the crime of narcotics’, journal of human rights, culture and legal system, 1.3 (2021), 201–13 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.18 osella, stefano, ‘the court of justice and gender recognition: a possibility for an expansive interpretation?’, women’s studies international forum, 87.april (2021), 102493 https://doi.org/10.1016/j.wsif.2021.102493 padovano, fabio, and nadia fiorino, ‘strategic delegation and “judicial couples” in the italian constitutional court’, international review of law and economics, 32.2 (2012), 215–23 https://doi.org/10.1016/j.irle.2012.01.002 paranata, ade, ‘heliyon the miracle of anti-corruption efforts and regional fiscal independence in plugging budget leakage : evidence from western and eastern indonesia’, heliyon, 8.february (2022), e11153 https://doi.org/10.1016/j.heliyon.2022.e11153 res, redi, ‘implementation of parate executie object of liability’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.6 rismana, daud, and hariyanto, ‘dualism of review model on regional regulations post act number 11 of 2020 on job creation’, jurnal ius kajian hukum dan keadilan, 9.1 (2021), 96–111 https://jurnalius.ac.id/ojs/index.php/jurnalius/article/view/818 roestamy, martin, abraham yazdi martin, radif khotamir rusli, and mohamad ali fulazzaky, ‘a review of the reliability of land bank institution in indonesia for effective land management of public interest’, land use policy, 120.february 2020 (2022), 106275 https://doi.org/10.1016/j.landusepol.2022.106275 sen, robin, kate morris, gale burford, brid featherstone, and calum webb, ‘“when you’re sitting in the room with two people one of whom… has bashed the hell out of the other”: possibilities and challenges in the use of https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.20 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 https://doi.org/10.1016/j.ipm.2021.102684 https://doi.org/10.1016/j.landusepol.2017.04.039 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.18 https://doi.org/10.1016/j.wsif.2021.102493 https://doi.org/10.1016/j.irle.2012.01.002 https://doi.org/10.1016/j.heliyon.2022.e11153 https://doi.org/10.53955/jhcls.v1i1.6 https://jurnalius.ac.id/ojs/index.php/jurnalius/article/view/818 https://doi.org/10.1016/j.landusepol.2022.106275 138 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 121-138 abdul kadir jaelani et.al, (the proliferation of regional regulation…) fgcs and restorative approaches following domestic violence’, children and youth services review, 88.march (2018), 441–49 https://doi.org/10.1016/j.childyouth.2018.03.027 setyowati, abidah b., and jaco quist, ‘contested transition? exploring the politics and process of regional energy planning in indonesia’, energy policy, 165.march (2022), 112980 https://doi.org/10.1016/j.enpol.2022.112980 suzor, nicolas, ‘a constitutional moment: how we might reimagine platform governance’, computer law and security review, 36 (2020), 2018–21 https://doi.org/10.1016/j.clsr.2019.105381 syahlan, syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.7 tarabar, danko, and andrew t. young, ‘what constitutes a constitutional amendment culture?’, european journal of political economy, 66.september 2020 (2021), 101953 https://doi.org/10.1016/j.ejpoleco.2020.101953 voigt, stefan, ‘on the optimal number of courts’, international review of law and economics, 32.1 (2012), 49–62 https://doi.org/10.1016/j.irle.2011.12.008 wahyuni, sri, dian luthviati, and muhhamd hayat, ‘the registration policy of interfaith marriage overseas for indonesian citizen’, bestuur, 10.1 (2022), 12– 21. https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i1.59098 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.childyouth.2018.03.027 https://doi.org/10.1016/j.enpol.2022.112980 https://doi.org/10.1016/j.clsr.2019.105381 https://doi.org/10.53955/jhcls.v1i1.7 https://doi.org/10.1016/j.ejpoleco.2020.101953 https://doi.org/10.1016/j.irle.2011.12.008 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i1.59098 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 288 https://doi.org/10.53955/jhcls.v3i2.116 journalhumanrightslegalsystem@gmail.com the climate change litigation based human rights approach in corporations: prospects and challenges yordan gunawana*, mohammad hazyar arumbinangb a faculty of law, universitas muhammadiyah yogyakarta, indonesia. b melbourne law school, university of melbourne, australia. * corresponding author: yordangunawan@umy.ac.id 1. introduction the increase in extreme weather, natural disasters, and damage to ecosystems as a result of climate change has brought a serious threat to humans. this is inseparable from the increase in green house gas (hereinafter referred to as ghg) emissions every year which increases the temperature of the earth's surface.1 the intergovernmental panel on climate change (hereinafter referred to as ipcc) report for 2022 also describes in detail the impact that will occur if there is no immediate effort to suppress rising temperatures and the release of ghg emissions into the atmosphere.2 without any effort from all parties to solve the problem, the 1 david e. reichle, ‘carbon, climate change, and public policy’, in the global carbon cycle and climate change (elsevier, 2023), 503–70 https://doi.org/10.1016/b978-0-443-18775-9.00015-2. 2 javiera barandiaran and sebastián rubiano-galvis, ‘an empirical study of eia litigation involving energy facilities in chile and colombia’, environmental impact assessment review, 79 (2019), 106311–106311 https://doi.org/10.1016/j.eiar.2019.106311. a r t i c l e i n f o a b s t r a c t article history received: may 22, 2023. revised: june 8, 2023. accepted: june 15, 2023. in recent years, the phenomenon of climate change has emerged as a critical global issue that poses a significant threat to human survival. industries such as fossil fuels, manufacturing, and agriculture have been identified as major sources of greenhouse gas emissions. corporate activities have played a role in triggering legal actions holding them accountable for their contribution to climate change. therefore, this research analyses the prospects and challenges of climate change litigation against corporations in indonesia using human rights approach. this research has adopted normative legal research with a statutory and historical approach. descriptive analysis is applied to analyze the data. this paper reveals that the use of human rights approach can strengthen arguments against corporations over climate change. this paper concludes that despite the challenge that may arise, there is a big chance for successful climate change litigation against corporations in indonesia by using human rights approach as the main claim. this is an open-access article under the cc–by 4.0 license. keywords climate change; human rights; litigation; indonesia; https://doi.org/10.53955/jhcls.v3i2.116 mailto:journalhumanrightslegalsystem@gmail.com mailto:yordangunawan@umy.ac.id https://doi.org/10.1016/b978-0-443-18775-9.00015-2 https://doi.org/10.1016/j.eiar.2019.106311 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 289 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) destruction of planet earth as a place for humans to live is only a matter of time.3 furthermore, the effects of climate change affected the enjoyment of human rights. for instance, the effect of climate change affected the right to health, where climate change can contribute to the spread of diseases, air pollution, and inadequate access to clean water and sanitation, affecting people's right to enjoy the highest attainable standard of physical and mental health.4 in addition, the right to housing is most likely affected by climate change which can result in sea-level rise, increased flooding, and land degradation, leading to displacement, loss of homes, and challenges in accessing adequate housing.5 these are just a few examples, and there are many more examples of additional rights that can be impacted by climate change depending on the specific circumstances and contexts. therefore, there is a direct link between human rights violations and the effects of climate change. one of the parties contributing to the increasing temperatures is corporate activity, especially companies that are members of the carbon majors. the corporate activities that release ghg emissions into the atmosphere also contribute to the increasing impact of climate change.6 even though the activities carried out have caused a large impact, most corporations still do not have sufficient responsibility to repair the damage caused by their activities. this becomes ironic if the wealth of corporations that contribute to climate change is compared to the number of victims of the effects of climate change.7 the company's activities and their impact on climate change trigger a reaction from human rights activists and people concerned about the issue of climate change to demand corporate responsibility for climate change in court.8 this can be seen in a large number of climate change lawsuits worldwide against corporations, especially companies that are included in the carbon majors. most 3 seema arora-jonsson and jeannette gurung, ‘changing business as usual in global climate and development action: making space for social justice in carbon markets’, world development perspectives, 29 (2023), 100474–100474 https://doi.org/10.1016/j.wdp.2022.100474. 4 theresa watts and sandra o. brugger, ‘the intersection between climate change, covid-19, and future pandemics – perspectives among american transportation network drivers’, journal of transport & health, 2023, 101582 https://doi.org/10.1016/j.jth.2023.101582 5 natalie teasdale and peter k panegyres, ‘climate change in western australia and its impact on human health’, the journal of climate change and health, 12 (2023), 100243 https://doi.org/10.1016/j.joclim.2023.100243 6 benjamin k. sovacool and alexander dunlap, ‘anarchy, war, or revolt? radical perspectives for climate protection, insurgency and civil disobedience in a low-carbon era’, energy research & social science, 86 (2022), 102416–102416 https://doi.org/10.1016/j.erss.2021.102416. 7 matthew megura and ryan gunderson, ‘better poison is the cure? critically examining fossil fuel companies, climate change framing, and corporate sustainability reports’, energy research & social science, 85 (2022), 102388–102388 https://doi.org/10.1016/j.erss.2021.102388. 8 huma sarwar and others, ‘achieving business competitiveness through corporate social responsibility and dyanmic capabilities: an empirical evidence from emerging economy’, journal of cleaner production, 386 (2023) https://doi.org/10.1016/j.jclepro.2022.135820 https://doi.org/10.1016/j.wdp.2022.100474 https://doi.org/10.1016/j.jth.2023.101582 https://doi.org/10.1016/j.joclim.2023.100243 https://doi.org/10.1016/j.erss.2021.102416 https://doi.org/10.1016/j.erss.2021.102388 https://doi.org/10.1016/j.jclepro.2022.135820 290 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) of these lawsuits demand corporate responsibility for its contribution to climate change in the past as highlighted in the beijing fengfujiuxin marketing and technology co. ltd. v zhongyan zhichuang blockchain co. ltd.9 these lawsuits also often include arguments about fraud and disinformation on the part of companies regarding climate change itself as can be seen in the altroconsumo v. volkswagen aktiengesellschaft and volkswagen group italia s.p.a.10 in addition, there are also other climate change litigation lawsuits as demonstrated in the millieudefensie v. shell that focus on demands related to corporate frameworks, enforcement of climate standards, failure to adapt to the impacts of climate change, compensation, and "climate washing" from corporations that contribute to climate change.11 the latest decision of the hague district court that has attracted attention and has become one of the landmark cases is millieudefensie v. shell. the court granted the lawsuit filed by milieudefensie and other environmental organizations regarding the activities of royal dutch shell which contribute to climate change.12 further, the court ordered shell to reduce carbon dioxide emissions by up to 45% in 2030 compared to 2010 emissions and up to zero emissions in 2050 in accordance with the paris agreement. this brings fresh air to the development of climate change litigation against corporations because in the end corporations can be held accountable for their activities that contribute to climate change.13 in addition, the decision of millieudefensie v. shell raise the issue between the violations of human rights and the effect of climate change. in this regard, the court held that there is a direct link between the enjoyment and protection of human rights and the effect of climate change contributed by corporations.14 the success of the milieudefensie v. shell raises an interesting question regarding the chances of success for climate change litigation against corporations if brought to indonesia. this is important for indonesia considering that the problems and impacts of climate change are triggered by corporate activities that contribute to ghg emissions into the atmosphere, especially corporations operating on fossil fuels.15 through climate change litigation against corporations that demand 9 megura and gunderson. 10 megura and gunderson. 11 xinxin wang and kevin lo, ‘civil society, environmental litigation, and confucian energy justice: a case study of an environmental ngo in china’, energy research & social science, 93 (2022), 102831–102831 https://doi.org/10.1016/j.erss.2022.102831. 12 john f. mceldowney, ‘climate change and the law’, in the impacts of climate change (elsevier, 2021), 503–19 https://doi.org/10.1016/b978-0-12-822373-4.00018-5. 13 qiping huang and meimei lin, ‘do climate risk beliefs shape corporate social responsibility?’, global finance journal, 53 (2022) https://doi.org/10.1016/j.gfj.2022.100739 14 jin dong park and others, ‘revisiting sustainability disclosure theories: evidence from corporate climate change disclosure in the united states and japan’, journal of cleaner production, 382 (2023) https://doi.org/10.1016/j.jclepro.2022.135203 15 jacqueline peel and hari m. osofsky, ‘climate change litigation’, annual review of law and social science, 16.1 (2020), 21–38 https://doi.org/10.1146/annurev-lawsocsci-022420-122936. https://doi.org/10.1016/j.erss.2022.102831 https://doi.org/10.1016/b978-0-12-822373-4.00018-5 https://doi.org/10.1016/j.gfj.2022.100739 https://doi.org/10.1016/j.jclepro.2022.135203 https://doi.org/10.1146/annurev-lawsocsci-022420-122936 issn 2807-2812 journal of human rights, culture and legal system 291 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) corporate responsibility for their activities that contribute to climate change, it is hoped that corporate awareness will arise to get involved in efforts to reduce ghg emissions.16 thus, the contribution to the amount of ghg can be reduced and the planet earth and its contents can continue to be sustainable and sustainable for the benefit of future generations.17 this is essential for the indonesian climate change litigation strategy, whereas from 12 climate change litigation cases, 918 of them are litigation against corporations and none of them was successfully articulate the legal obligations for corporations to reduce their ghg emission in accordance with the paris agreement timeline. the 9 climate change litigation cases in indonesia also unsuccessfully utilized a human rights-based approach to establishing a legal obligation for corporations to reduce their ghg emission. this is because the 9 climate change litigation cases focus on the issue of short-term solutions for climate change which is compensation for damages caused by corporations. therefore, this research will analyze the prospects and challenges of using the human rights-based approach in climate change litigation against corporations in indonesia. 2. research method this research is based on normative legal research, using an international law perspective in relation to climate change mitigation using the human rights approach. in this research, the authors use a statutory approach and historical approach, especially when dealing with the issue of climate change litigation with the human rights approach against corporations. the data collection method in this research utilizes a library search by accessing a range of relevant literature sources. the data is collected through the process of reading, analyzing, and summarizing relevant documents, including treaties, legal books, legal journals, and other sources that are associated with the central issue of this research. descriptive analysis is applied to analyze the data. furthermore, the data is examined in light of legal principles, treaties, and other relevant rules, taking into account the juridical framework. 16 milja heikkinen and others, ‘climate partners of helsinki: participation-based structures and performance in a city-to-business network addressing climate change in 2011–2018’, urban climate, 45 (2022), 101250–101250 https://doi.org/10.1016/j.uclim.2022.101250. 17 gianni guastella and others, ‘climate reputation risk and abnormal returns in the stock markets: a focus on large emitters’, international review of financial analysis, 84 (2022), 102365– 102365 https://doi.org/10.1016/j.irfa.2022.102365. 18 ministry of environment and forestry v. pt merbau pelelawan lestari, minister of environment v. pt selatnasik indokwarsa and pt simpang pesak indokwarsa, ministry of environment and forestry v. pt rambang agro jaya, ministry of environment and forestry v. pt asia palem lestari, ministry of environment and forestry v. pt arjuna utama sawit, ministry of environment and forestry v. pt palmina utama, ministry of environment and forestry v. pt jatim jaya perkasa, ministry of environment and forestry v. pt bumi mekar hijau, and minister of environment v. pt kalista alam. please see more at: http://climatecasechart.com/non-us-jurisdiction/indonesia/. https://doi.org/10.1016/j.uclim.2022.101250 https://doi.org/10.1016/j.irfa.2022.102365 http://climatecasechart.com/non-us-jurisdiction/indonesia/ 292 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) 3. results and discussion climate change litigation against corporations climate change litigation against corporations develops to target corporate responsibility for the impact of its activities on climate change.19 there are several reasons why climate change litigation against corporations is possible to bring into court. the first reason is that the development and consolidation of climate-related science, based on reports issued by the ipcc, are enhanced by the availability of better and more up-to-date local data collection.20 second, there is an increased possibility to measure the contribution of emitting corporations in the world that contribute to climate change in a more proportional manner.21 third, there is the development of hard science attribution, in which researchers have succeeded in proving that extreme weather is related to climate change, one of which is caused by corporate activities that release emissions into the atmosphere by tracking company emissions from time to time and their relationship to carbon dioxide accumulation into the atmosphere, rising temperatures and sea levels.22 these reasons can increase the chances of success of climate change litigation against corporations.23 in practice, climate change lawsuits against corporations are not without challenges. first, scientific reasons are not a guarantee that the lawsuit will be accepted by the court because the causal relationship between scientific reasons and specific cases in terms of corporate liability is still considered too far by the courts.24 second, corporations can refuse to pay compensation costs due to climate change if the lawsuit is granted by the judge on the grounds that not all 19 asil azimli, ‘the impact of climate policy uncertainty on firm value: does corporate social responsibility engagement matter?’, finance research letters, 51 (2023) https://doi.org/10.1016/j.frl.2022.103456 20 guastella and others. abdul kadir jaelani, resti dian luthviati, and muhammad jihadul hayat, ‘permits for the transfer of agricultural land functions to non-agriculture in the land purchasing and sale process’, in international conference on environmental and energy policy (iceep 2021) (atlantis press, 2021), pp. 216–19 https://doi.org/10.2991/assehr.k.211014.046 21 tayanah o’donnell, ‘coastal lawscape: a framework for understanding the complexities of climate change adaptation’, marine policy, 129 (2021), 104532–104532 https://doi.org/10.1016/j.marpol.2021.104532. 22 h. morais and others, ‘combined effects of climate change and environmentally relevant mixtures of endocrine disrupting compounds on the fitness and gonads’ maturation dynamics of nucella lapillus (gastropoda)’, marine pollution bulletin, 190 (2023), 114841–114841 https://doi.org/10.1016/j.marpolbul.2023.114841. 23 lego karjoko and others, ‘indonesia’s sustainable development goals resolving waste problem: informal to formal policy’, international journal of sustainable development and planning, 17.2 (2022), 649–58 https://doi.org/10.18280/ijsdp.170230 24 khaldoon albitar, habiba al-shaer, and yang stephanie liu, ‘corporate commitment to climate change: the effect of eco-innovation and climate governance’, research policy, 52.2 (2023), 104697–104697 https://doi.org/10.1016/j.respol.2022.104697. https://doi.org/10.1016/j.frl.2022.103456 https://doi.org/10.2991/assehr.k.211014.046 https://doi.org/10.1016/j.marpol.2021.104532 https://doi.org/10.1016/j.marpolbul.2023.114841 https://doi.org/10.18280/ijsdp.170230 https://doi.org/10.1016/j.respol.2022.104697 issn 2807-2812 journal of human rights, culture and legal system 293 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) compensation costs due to climate change can be covered by insurance.25 seeing these challenges, ganguly, setzer, and heyvaert expressed their doubts that climate change litigation against corporations would achieve the expected success.26 if we look at the development of judge decisions related to climate change litigation around the world, then what was worried about by ganguly, setzer, and heyvaert in 2011 began to experience a shift. this is evident from the existence of climate change litigation cases against corporations that have succeeded in becoming landmark cases, namely the milieudefensie v. shell. the case was decided by the same court as the state of the netherlands v. urgenda foundation, namely the hague district court. the success of the milieudefensie v. shell has shown that climate change litigation against corporations is not impossible and will surely fail as previously feared, but on the contrary, it is possible and has a chance of success. the milieudefensie v. shell begin on april 5, 2019, when a number of environmental organizations in the netherlands represented by milieudefensie and friends filed a lawsuit against royal dutch shell (hereinafter referred to as shell). the lawsuit was filed on the grounds that shell's activities contributed to climate change which was deemed to have violated the duty of care under the dutch civil code and human rights obligations. the plaintiff argued that shell has a duty of care to take action in order to reduce ghg emissions based on three arguments: 1) the objectives of the paris agreement; 2) scientific evidence related to the dangers of climate change, and 3) legal instruments according to the dutch civil code and the european convention on human rights (hereinafter referred to as echr). according to the plaintiff, shell failed to take action to reduce the impact of climate change. in fact, shell has knowledge of climate change and its impact in the long term will endanger the survival of dutch citizens. the plaintiffs asked the judge to order shell to reduce carbon dioxide emissions by 45% by 2030 compared to 2010 emissions and up to zero emissions by 2050 in accordance with the paris agreement.27 after that, milieudefensie and shell argued for 782 days in the courtroom. the debate arose regarding whether shell's actions violated unwritten legal provisions based on book 6 article 162 of the dutch civil code and violated the right to life and respect for private and family life, home, and correspondence based on 25 danuta de grosbois and david a. fennell, ‘determinants of climate change disclosure practices of global hotel companies: application of institutional and stakeholder theories’, tourism management, 88 (2022), 104404–104404 https://doi.org/10.1016/j.tourman.2021.104404. 26 weidong xu and others, ‘does global climate risk encourage companies to take more risks?’, research in international business and finance, 61 (2022), 101658–101658 https://doi.org/10.1016/j.ribaf.2022.101658. 27 adam d. krauss, ‘effect of climate change on the insurance sector’, in the impacts of climate change (elsevier, 2021), 397–436 https://doi.org/10.1016/b978-0-12-822373-4.00014-8. https://doi.org/10.1016/j.tourman.2021.104404 https://doi.org/10.1016/j.ribaf.2022.101658 https://doi.org/10.1016/b978-0-12-822373-4.00014-8 294 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) articles 2 and 8 of the echr.28 this can be seen in the response from shell in november 2019, in which shell argued that there was no legal, statute, or other standard which stipulated that shell's actions conflicted with unwritten legal provisions if shell failed to comply with emission limits.29 shell also believes that the plaintiff's claim is too general to fall within the scope of articles 2 and 8 of the echr.30 finally, the panel of judges at the hague district court rendered its decision on 26 may 2021. the panel of judges accepted the plaintiff's claim and imposed a penalty against shell to reduce carbon dioxide emissions by up to 45% in 2030 when compared to 2019 emissions in all of the company's activities, from production to sales and use.31 the court held that shell violated the unwritten law regarding the standard of care based on book 6 article 162 of the dutch civil code by not implementing adequate policies to prevent the harmful effects of climate change.32 however, the panel of judges gave shell freedom in allocating emission reductions for its activities by stopping new investments in fossil fuel extraction and/or limiting the production of fossil fuel resources, provided that the total of all allocations for such reductions reaches 45% as ordered.33 there are two main points postulated by milieudefensie and friends. the first argument is human rights which basically refers to the state of the netherlands v. urgenda foundation. the plaintiffs argued that what shell had done violated the human rights of the dutch people, especially with regard to the right to life as an individual, family, and property under article 2 and 8 of echr.34 further, this argument then elaborated by the plaintiffs' argument outlines how shell's extensive awareness of climate change over time, dissemination of misleading information regarding climate change, and insufficient measures taken to mitigate climate change collectively contribute to establishing shell's illegal endangerment of dutch citizens and actions that amount to perilous negligence and therefore, a direct violation of right to life and respect for private and family life, home and correspondence under article 2 and 8 of echr. 28 christophe bonneuil, pierre-louis choquet, and benjamin franta, ‘early warnings and emerging accountability: total’s responses to global warming, 1971–2021’, global environmental change, 71 (2021), 102386–102386 https://doi.org/10.1016/j.gloenvcha.2021.102386. 29 krauss. 30 krauss. 31 li ai and lucia s. gao, ‘firm-level risk of climate change: evidence from climate disasters’, global finance journal, 55 (2023), 100805–100805 https://doi.org/10.1016/j.gfj.2022.100805. 32 ai and gao. 33 sidan wang and süleyman orhun altiparmak, ‘framing climate strategy of the oil industry of china: a tailored approach to ecological modernization’, chinese journal of population, resources and environment, 20.4 (2022), 324–31 https://doi.org/10.1016/j.cjpre.2022.11.003. 34 nicky van dijk, ‘from exacerbating the anthropocene’s problems to intergenerational justice: an analysis of the communication procedure of the human rights treaty system’, earth system governance, 10 (2021), 100123–100123 https://doi.org/10.1016/j.esg.2021.100123. https://doi.org/10.1016/j.gloenvcha.2021.102386 https://doi.org/10.1016/j.gfj.2022.100805 https://doi.org/10.1016/j.cjpre.2022.11.003 https://doi.org/10.1016/j.esg.2021.100123 issn 2807-2812 journal of human rights, culture and legal system 295 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) although the claimants were unable to directly invoke echr rights against the defendant, the court acknowledged the significance of human rights within the claimants' relationship with the defendant. consequently, the court expressed its intention to consider human rights and the principles they embody when interpreting the unwritten standard of care. referring urgenda as a precedent, the court acknowledged that articles 2 and 8 of the echr provide protection against the ramifications of hazardous climate change caused by co2 emissions.35 the court recognized the need to expand the interpretation of human rights protection to encompass situations where environmental harm arises from activities that result in environmental destruction or natural disasters. this expanded interpretation acknowledges the inherent connection between human rights and the preservation of life and livelihood, emphasizing individuals' right to a safe and healthy environment free from the detrimental consequences of environmental degradation.36 by broadening the interpretation, the court ensures that the right to life, as well as the right to respect personal and family life under article 8 of the echr, includes circumstances where environmental damage poses a threat to people's lives and livelihoods. it acknowledges that the severe and irreversible consequences resulting from climate change, such as rising sea levels, extreme weather events, and the destruction of ecosystems, directly endanger the human rights of individuals residing in the netherlands.37 in essence, the court recognizes the interconnectedness between environmental concerns and human rights and emphasizes the importance of safeguarding both. it highlights that the human rights arguments put forth by the plaintiff, specifically referencing the right to life and the right to respect personal and family life, must be understood in a manner consistent with environmental protection. this broader interpretation reflects the recognition that environmental harm arising from activities causing environmental destruction or natural disasters poses a direct menace to human rights. ultimately, addressing environmental destruction and climate change becomes essential for ensuring the full realization of human rights and the preservation of life and livelihoods.38 meanwhile, the second argument is the existence of an internal obligation within shell itself related to climate change. shell is aware of the impact of climate change, one of which is caused by its activities and is committed to contributing to 35 peel and osofsky. 36 jorge heredia and others, ‘a configuration approach to explain corporate environmental responsibility behavior of the emerging economies firms at industry 4.0’, journal of cleaner production, 395 (2023) https://doi.org/10.1016/j.jclepro.2023.136383 37 lamia chourou, darlene himick, and samir saadi, ‘regulatory uncertainty and corporate social responsibility’, finance research letters, 55 (2023), 104020 https://doi.org/10.1016/j.frl.2023.104020 38 peel and osofsky. https://doi.org/10.1016/j.jclepro.2023.136383 https://doi.org/10.1016/j.frl.2023.104020 296 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) reducing the impact of climate change through reducing emissions.39 however, shell did not carry out this obligation. both arguments contributed to the plaintiffs' victory in the milieudefensie v. shell. another interesting issue in this case is the legal argument used by the plaintiff in winning his case, namely by using the corporate obligation to carry out the duty of care which is unwritten in the dutch criminal code to prevent dangerous climate change through corporate policies set for the shell group of companies. apart from the human rights argument as mentioned in the previous section, the milieudefensie v. shell also refers to the soft law in the form of the united nations guiding principles on business and human rights (hereinafter referred to as ungp) and shell's internal policy regarding due diligence on environmental impacts. even though the two instruments are not legally binding, this development is very important because it recognizes the impossibility of implementing effective climate change policies without significant real action from the private sector, especially by large corporations covering various countries. more specifically, the case of milieudefensie v. shell refers to article 15 of the ungp which states that in terms of corporate obligations to protect human rights, there must be a human rights protection policy, implementation of human rightsbased due diligence to prevent, mitigate and be responsible for impacts on human rights and also a remediation process for adverse human rights impacts that occur it has been implemented.40 the implication of this arrangement is the determination of responsibility for the state and more specifically corporations in relation to the protection of human rights. the dutch court's recognition of the ungp as an authoritative and internationally supported soft law instrument is another positive aspect of this case.41 the dutch court also stated that shell's commitment to the ungp was irrelevant and considered the ungp a global standard of behavior for corporations in the protection of human rights, which even went above and beyond their compliance with national laws and regulations. 39 harro van asselt, ‘governing fossil fuel production in the age of climate disruption: towards an international law of “leaving it in the ground”’, earth system governance, 9 (2021), 100118– 100118 https://doi.org/10.1016/j.esg.2021.100118. 40 daniel p. loucks, ‘impacts of climate change on economies, ecosystems, energy, environments, and human equity: a systems perspective’, in the impacts of climate change (elsevier, 2021), 19–50 https://doi.org/10.1016/b978-0-12-822373-4.00016-1. 41 hsiao-min chen, tsai-chi kuo, and ju-long chen, ‘impacts on the esg and financial performances of companies in the manufacturing industry based on the climate change related risks’, journal of cleaner production, 380 (2022), 134951–134951 https://doi.org/10.1016/j.jclepro.2022.134951. https://doi.org/10.1016/j.esg.2021.100118 https://doi.org/10.1016/b978-0-12-822373-4.00016-1 https://doi.org/10.1016/j.jclepro.2022.134951 issn 2807-2812 journal of human rights, culture and legal system 297 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) prospects of climate change litigation against corporations: human rights development and recognition of indonesian regulations the innovative legal argument in the milieudefensie v. shell, as mentioned in the previous section, shell provides hope and should be used as inspiration for world climate change litigation cases. one of the most striking and significant arguments in the case is the use of human rights arguments in constructing cases, especially with the absence of strict recognition of the right to the environment in the laws and regulations that apply in the european union.42 recognition of human rights as one of the arguments in fighting against climate change, both in international negotiations and litigation, is a relatively new development in the international community.43 this link was first raised by the united nations human rights council (hereinafter referred to as unhrc) in 2008 through unhrc resolution no. 7/23 which stated that there is a direct threat from climate change to people around the world which has implications for human rights violations.44 this resolution together with research by the office of the un high commissioner for human rights (hereinafter referred to as ohchr) further examines the relationship between human rights and climate change which was released in 2009. the research from the ohchr shows that there is an intrinsic relationship between extreme weather conditions due to climate change and injury human rights are owned by humans, namely the right to life, the right to health, the right to water, the right to adequate housing, and the right to self-determination. in addition, this research also shows that there is a close relationship between the damage caused by climate change and the threat to international peace and security.45 although international human rights instruments, such as the universal declaration on human rights (hereinafter referred to as udhr), the international convention on civil and political rights (hereinafter referred to as iccpr), and the international convention on economic, social, and cultural rights (hereinafter 42 rose mayembe and others, ‘integrating climate change in environmental impact assessment: a review of requirements across 19 eia regimes’, science of the total environment, 869 (2023), 161850–161850 https://doi.org/10.1016/j.scitotenv.2023.161850. 43 elena lioubimtseva and charlotte da cunha, ‘local climate change adaptation plans in the us and france: comparison and lessons learned in 2007-2017’, urban climate, 31 (2020), 100577– 100577 https://doi.org/10.1016/j.uclim.2019.100577. 44 juliana reu junqueira, silvia serrao-neumann, and iain white, ‘managing urban climate change risks: prospects for using green infrastructure to increase urban resilience to floods’, in the impacts of climate change (elsevier, 2021), 379–96 https://doi.org/10.1016/b978-0-12-8223734.00013-6. 45 anisa devi friasmita and farah hafizha nisa, ‘securing state’s asset: legal protection of natural resources of oil and gas’, journal of sustainable development and regulatory issues (jsderi), 1.1 (2023), 18–24. https://doi.org/10.53955/jsderi.v1i1.4 https://doi.org/10.1016/j.scitotenv.2023.161850 https://doi.org/10.1016/j.uclim.2019.100577 https://doi.org/10.1016/b978-0-12-822373-4.00013-6 https://doi.org/10.1016/b978-0-12-822373-4.00013-6 https://doi.org/10.53955/jsderi.v1i1.4 298 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) referred to as icescr) do not directly recognize environmental rights, research this shows that these international agreements have laid a vital basis for human rights arguments in the climate struggle. this is because these agreements recognize the right to the environment indirectly through the basic rights contained therein, such as the right to life, the right to health, and others.46 unhrc has also continued to issue resolutions in recent years that link the impact of climate change on human rights, especially its disproportionate impact on vulnerable communities, such as children, people with disabilities, the poor, and others.47 this argument becomes even stronger with the recognition of human rights in the considerations of the paris agreement which states that taking action to address climate change must be accompanied by respecting, promoting and considering each country's obligations to human rights. the paris agreement also has important provisions on adaptation, mitigation, and for the first time regulates losses and damage from climate change. together with the ambitious goals proclaimed in article 4 of the paris agreement, this agreement can be said as an acknowledgment to protect and minimize the impact of climate change, especially on vulnerable communities.48 the implementation of human rights arguments in the climate struggle does not only stop at the formulation of international policies and agreements but has also been used as an argument in climate change litigation.49 in 2018, jacqueline peel and hari osofsky identified two landmark cases that changed the landscape of climate change litigation, namely leghari v. federation of pakistan and urgenda v. the state of the netherlands.50 the case of leghari v. federation of pakistan. these two cases provide a basic framework and become the forerunner of the global climate change litigation struggle with human rights arguments.51 likewise, the case of milieudefensie v. shell, one of the factors in its victory, was influenced by the use of human rights arguments, particularly the right to life and the right to respect personal and family life as regulated in articles 2 and 8 of the echr. 46 iqbal iqbal and hilmi rayhannafi, ‘legal politics toward natural energy: natural gas utilization in indonesia’, journal of sustainable development and regulatory issues (jsderi), 1.1 (2023), 25–30. 47 thijs etty and others, ‘ten years on: rethinking transnational environmental law’, transnational environmental law, 10.3 (2021), 391–400 https://doi.org/10.1017/s2047102521000303. 48 sébastien jodoin, annalisa savaresi, and margaretha wewerinke-singh, ‘rights-based approaches to climate decision-making’, current opinion in environmental sustainability, 52 (2021), 45–53 https://doi.org/10.1016/j.cosust.2021.06.004. 49 kristian høyer toft and mogens rüdiger, ‘mapping corporate climate change ethics: responses among three danish energy firms’, energy research & social science, 59 (2020), 101286– 101286 https://doi.org/10.1016/j.erss.2019.101286. 50 peel and osofsky. 51 fred pearce, ‘polluter pays?’, new scientist, 239.3191 (2018), 38–41 https://doi.org/10.1016/s02624079(18)31484-2. mutiara maharani and nabbiel arbio akbar, ‘utilization of petroleum and natural gas on the sustainable development of indonesian economy’, journal of sustainable development and regulatory issues (jsderi), 1.1 (2023), 1–8. https://doi.org/10.53955/jsderi.v1i1.4 https://doi.org/10.1017/s2047102521000303 https://doi.org/10.1016/j.cosust.2021.06.004 https://doi.org/10.1016/j.erss.2019.101286 https://doi.org/10.1016/s0262-4079(18)31484-2 https://doi.org/10.1016/s0262-4079(18)31484-2 https://doi.org/10.53955/jsderi.v1i1.4 issn 2807-2812 journal of human rights, culture and legal system 299 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) savaresi and setzer noted that in 2022 the trend of climate change litigation with human rights arguments continued to increase with 112 (one hundred and twelve) cases found. these cases attempted to demand accountability from both the state and private business actors.52 out of 112 (one hundred and twelve) cases using human rights arguments, 93 (ninety-three) cases were brought to the government and only 19 (nineteen) cases were brought to corporations. the government and corporations are asked to take adequate climate action with the aim of filling the void in law enforcement left by the apparatus of international or national laws that have not provided adequate sanctions for climate destruction.53 in indonesia, there is potential for replicating the success of milieudefensie v. shell, as there has been recognition of the right to the environment both in substance and procedurally within the country.54 unlike the milieudefensie v. shell case, where the issue of the right to the environment was raised by the plaintiff, in indonesia there is already an existing recognition of this right. this provides a favorable foundation for climate change litigation, as the legal framework acknowledges the importance of environmental rights. by building upon this recognition, climate change litigation in indonesia can further emphasize the connection between human rights and the environmental harms caused by corporate activities, potentially leading to similar outcomes as the milieudefensie v. shell case. the recognition of substantive human rights in the environmental field can be seen clearly in article 28h paragraph (1) of the 1945 constitution of the republic of indonesia (hereinafter referred to as the 1945 constitution) which recognizes the right to a good and healthy environment. this is emphasized again by article 3 letters (g) law number 32 of 2009 concerning environmental protection and management (hereinafter referred to as uu pplh) which states that environmental protection and management is based on the right to the environment as a human right. in addition to the substantive rights mentioned earlier, there are also procedural rights that are currently protected in indonesia. these procedural rights include participation in environmental policymaking, the right to receive environmental education, access to information, and access to justice. in terms of access to justice, the pplh law has recognized the legal standing and rights of lawsuits from the community and environmental 52 louise du toit and louis j. kotzé, ‘reimagining international environmental law for the anthropocene: an earth system law perspective’, earth system governance, 11 (2022), 100132– 100132 https://doi.org/10.1016/j.esg.2022.100132. 53 jacqueline peel and rebekkah markey-towler, ‘recipe for success?: lessons for strategic climate litigation from the sharma, neubauer, and shell cases’, german law journal, 22.8 (2021), 1484–98 https://doi.org/10.1017/glj.2021.83. 54 geoffrey supran and naomi oreskes, ‘rhetoric and frame analysis of exxonmobil’s climate change communications’, one earth, 4.5 (2021), 696–719 https://doi.org/10.1016/j.oneear.2021.04.014. https://doi.org/10.1016/j.esg.2022.100132 https://doi.org/10.1017/glj.2021.83 https://doi.org/10.1016/j.oneear.2021.04.014 300 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) organizations.55 in fact, sembiring and baihaqie in their writing stated that the legal rights protected in indonesia are more flexible and flexible for the implementation of private climate change litigation in the absence of complicated lawsuit requirements such as in the united states. other procedural rights such as the right to obtain information also have their regulations, namely law number 14 of 2008 concerning public information disclosure (hereinafter referred to as uu kip), where the preamble also states that access to information is included as a human right and is an important feature in a democratic country. law number 39 of 1999 concerning human rights (hereinafter referred to as uu ham) also guarantees procedural rights related to the environment which include the right to information, the right to participation, and the right to access justice.56 based on the explanation above, indonesia has an advantage over european union countries and the united states because it already has the recognition of substantive and procedural rights both in general and specifically in the environmental field. thus, indonesia has completed one of two factors to apply constitutional rights in climate change litigation. this is as stated by peel and osofsky, that in addition to regulations and procedures for submitting rights, progressive judicial practices with the acceptance of new arguments are needed.57 challenges of climate change litigation against corporations in indonesia: uncertainty and legal vacuum as described in the previous section, milieudefensie v. shell clearly uses human rights arguments as an important and main argument in its proof. the use of arguments stating that climate change injures human rights has not been used explicitly in climate change litigation cases in indonesia. this fact is very unfortunate because the right to the environment which is regulated explicitly in the constitution and laws and regulations is a human right, so environmental damage, which in this case includes climate change, must be seen as a violation of human rights as well and can be used as an argument in fighting for climate change cases in the realm of litigation.58 cases such as komari and the civil lawsuit against the indonesian government regarding air pollution in jakarta have not yet explicitly invoked human rightsbased arguments. furthermore, judges in indonesia have lost a golden 55 turlough f. guerin, ‘roles of company directors and the implications for governing for the emerging impacts of climate risks in the fresh food sector: a review’, food control, 133 (2022), 108600–108600 https://doi.org/10.1016/j.foodcont.2021.108600. 56 kyra bos and joyeeta gupta, ‘stranded assets and stranded resources: implications for climate change mitigation and global sustainable development’, energy research & social science, 56 (2019), 101215–101215 https://doi.org/10.1016/j.erss.2019.05.025. 57 peel and osofsky. 58 mickaele le ravalec, alexandre rambaud, and véronique blum, ‘taking climate change seriously: time to credibly communicate on corporate climate performance’, ecological economics, 200 (2022), 107542–107542 https://doi.org/10.1016/j.ecolecon.2022.107542. https://doi.org/10.1016/j.foodcont.2021.108600 https://doi.org/10.1016/j.erss.2019.05.025 https://doi.org/10.1016/j.ecolecon.2022.107542 issn 2807-2812 journal of human rights, culture and legal system 301 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) opportunity to use international documents such as unhrc resolutions linking human rights violations to climate change to support the human rights arguments put forward by the plaintiffs.59 in indonesia, as stipulated in article 7 of the human rights law, human rights violations can be sought for legal remedies through national forums, namely courts or commissions, and international forums. however, this article does not clearly explain specific conditions and mechanisms for upholding human rights. at this time, there is also no special forum or special procedural law mechanism in enforcing these human rights violations. thus, there is still no certainty whether the argumentation of human rights violations can be used or not.60 in addition to these uncertainties, the jurisdiction of human rights courts in indonesia is limited to gross human rights violations. thus, if it is related to human rights violations in climate change cases, there is a possibility that there will be difficulties in using a human rights court because it is not certain that these cases can be classified as gross human rights violations.61 the existence of a company can certainly have an impact on its surroundings, be it social, environmental, or other impacts. in terms of environmental impacts, company activities can potentially cause negative impacts such as pollution and environmental damage.62 therefore, in indonesia, it has been regulated regarding environmental social responsibility (also known as corporate social responsibility hereinafter referred to as csr), namely in article 74 of law no. 40 of 2007 concerning limited liability companies (hereinafter referred to as company law). when referring to article 1 point 3 of the company law, csr is defined as a company's commitment to take a role in sustainable economic development. article 74 of the company law stipulates that companies that carry out their business activities in the field of and/or related to natural resources are required to carry out social and environmental responsibility. if not, sanctions will be imposed as regulated in government regulation no. 47 of 2012 concerning the social and environmental responsibility of limited liability companies (hereinafter referred to as government regulation no. 47 of 2012). however, even this government regulation no 47 of 2012 does not clearly stipulate the form of sanctions for companies that do not carry out their legal 59 paul a. griffin, david lont h., and carol pomare, ‘the curious case of canadian corporate emissions valuation’, the british accounting review, 53.1 (2021), 100922–100922 https://doi.org/10.1016/j.bar.2020.100922. 60 k.f. kuh, ‘the law of climate change mitigation: an overview’, in encyclopedia of the anthropocene (elsevier, 2018), pp. 505–10 https://doi.org/10.1016/b978-0-12-809665-9.10027-8. 61 melanie pill, ‘towards a funding mechanism for loss and damage from climate change impacts’, climate risk management, 35 (2022), 100391–100391 https://doi.org/10.1016/j.crm.2021.100391. 62 robbie m. andrew, ‘towards near real-time, monthly fossil co2 emissions estimates for the european union with current-year projections’, atmospheric pollution research, 12.12 (2021), 101229–101229 https://doi.org/10.1016/j.apr.2021.101229. https://doi.org/10.1016/j.bar.2020.100922 https://doi.org/10.1016/b978-0-12-809665-9.10027-8 https://doi.org/10.1016/j.crm.2021.100391 https://doi.org/10.1016/j.apr.2021.101229 302 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) obligations to carry out csr. then, the company law does not explain in detail how the concept of csr should be carried out by the company. the existence of regulations regarding csr in the company law and government regulation no. 47 of 2012 is feared to be in vain if they do not contain provisions regarding sanctions. this is because companies can neglect their responsibilities and have the potential to cause environmental damage. therefore, climate change litigation is expected to fill the legal vacuum regarding the enforcement of human rights violations caused by negligent corporations or resulting in environmental damage that causes human rights violations against affected people. 4. conclusion the research shows that climate change lawsuits can be filed against corporations as defendant for their activities that contribute to climate change. the research also shows that human rights-based arguments can be used in climate change litigation cases against corporations in indonesia due to the recognition of substantial and procedural rights in regulations. by utilizing a human rights-based approach and building on the lessons learned from landmark cases like milieudefensie v. shell, indonesia can hold corporations accountable for their contribution to climate change and promote the reduction of ghg emissions. climate change litigation in indonesia can raise corporate awareness and reduce emissions. to be effective, a human rights-based approach that upholds the right to a safe environment is crucial. courts must interpret human rights principles in line with environmental protection and recognize the connection between human rights and climate change. however, there are also various challenges, such as the uncertainty of procedural law and also the legal vacuum in imposing sanctions. references ai, li, and lucia s. gao, ‘firm-level risk of climate change: evidence from climate disasters’, global finance journal, 55 (2023), 100805–100805 https://doi.org/10.1016/j.gfj.2022.100805 albitar, khaldoon, habiba al-shaer, and yang stephanie liu, ‘corporate commitment to climate change: the effect of eco-innovation and climate governance’, research policy, 52.2 (2023), 104697–104697 https://doi.org/10.1016/j.respol.2022.104697 andrew, robbie m., ‘towards near real-time, monthly fossil co2 emissions estimates for the european union with current-year projections’, atmospheric pollution research, 12.12 (2021), 101229–101229 https://doi.org/10.1016/j.apr.2021.101229 arora-jonsson, seema, and jeannette gurung, ‘changing business as usual in global climate and development action: making space for social justice in carbon https://doi.org/10.1016/j.gfj.2022.100805 https://doi.org/10.1016/j.respol.2022.104697 https://doi.org/10.1016/j.apr.2021.101229 issn 2807-2812 journal of human rights, culture and legal system 303 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) markets’, world development perspectives, 29 (2023), 100474–100474 https://doi.org/10.1016/j.wdp.2022.100474 azimli, asil, ‘the impact of climate policy uncertainty on firm value: does corporate social responsibility engagement matter?’, finance research letters, 51 (2023) https://doi.org/10.1016/j.frl.2022.103456 van asselt, harro, ‘governing fossil fuel production in the age of climate disruption: towards an international law of “leaving it in the ground”’, earth system governance, 9 (2021), 100118–100118 https://doi.org/10.1016/j.esg.2021.100118 barandiaran, javiera, and sebastián rubiano-galvis, ‘an empirical study of eia litigation involving energy facilities in chile and colombia’, environmental impact assessment review, 79 (2019), 106311–106311 https://doi.org/10.1016/j.eiar.2019.106311 bonneuil, christophe, pierre-louis choquet, and benjamin franta, ‘early warnings and emerging accountability: total’s responses to global warming, 1971–2021’, global environmental change, 71 (2021), 102386–102386 https://doi.org/10.1016/j.gloenvcha.2021.102386 bos, kyra, and joyeeta gupta, ‘stranded assets and stranded resources: implications for climate change mitigation and global sustainable development’, energy research & social science, 56 (2019), 101215–101215 https://doi.org/10.1016/j.erss.2019.05.025 chen, hsiao-min, tsai-chi kuo, and ju-long chen, ‘impacts on the esg and financial performances of companies in the manufacturing industry based on the climate change related risks’, journal of cleaner production, 380 (2022), 134951–134951 https://doi.org/10.1016/j.jclepro.2022.134951 chourou, lamia, darlene himick, and samir saadi, ‘regulatory uncertainty and corporate social responsibility’, finance research letters, 55 (2023), 104020 https://doi.org/10.1016/j.frl.2023.104020 friasmita, anisa devi, and farah hafizha nisa, ‘securing state’s asset: legal protection of natural resources of oil and gas’, journal of sustainable development and regulatory issues (jsderi), 1.1 (2023), 18–24 https://doi.org/10.53955/jsderi.v1i1.3 van dijk, nicky, ‘from exacerbating the anthropocene’s problems to intergenerational justice: an analysis of the communication procedure of the human rights treaty system’, earth system governance, 10 (2021), 100123–100123 https://doi.org/10.1016/j.esg.2021.100123 etty, thijs, veerle heyvaert, cinnamon carlarne, bruce huber, jacqueline peel, and josephine van zeben, ‘ten years on: rethinking transnational environmental law’, transnational environmental law, 10.3 (2021), 391–400 https://doi.org/10.1017/s2047102521000303 griffin, paul a., david lont h., and carol pomare, ‘the curious case of canadian corporate emissions valuation’, the british accounting review, 53.1 (2021), 100922– 100922 https://doi.org/10.1016/j.bar.2020.100922 https://doi.org/10.1016/j.wdp.2022.100474 https://doi.org/10.1016/j.frl.2022.103456 https://doi.org/10.1016/j.esg.2021.100118 https://doi.org/10.1016/j.eiar.2019.106311 https://doi.org/10.1016/j.gloenvcha.2021.102386 https://doi.org/10.1016/j.erss.2019.05.025 https://doi.org/10.1016/j.jclepro.2022.134951 https://doi.org/10.1016/j.frl.2023.104020 https://doi.org/10.53955/jsderi.v1i1.3 https://doi.org/10.1016/j.esg.2021.100123 https://doi.org/10.1017/s2047102521000303 https://doi.org/10.1016/j.bar.2020.100922 304 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) de grosbois, danuta, and david a. fennell, ‘determinants of climate change disclosure practices of global hotel companies: application of institutional and stakeholder theories’, tourism management, 88 (2022), 104404–104404 https://doi.org/10.1016/j.tourman.2021.104404 guastella, gianni, matteo mazzarano, stefano pareglio, and anastasios xepapadeas, ‘climate reputation risk and abnormal returns in the stock markets: a focus on large emitters’, international review of financial analysis, 84 (2022), 102365–102365 https://doi.org/10.1016/j.irfa.2022.102365 guerin, turlough f., ‘roles of company directors and the implications for governing for the emerging impacts of climate risks in the fresh food sector: a review’, food control, 133 (2022), 108600–108600 https://doi.org/10.1016/j.foodcont.2021.108600 heikkinen, milja, onerva korhonen, tuomas ylä-anttila, and sirkku juhola, ‘climate partners of helsinki: participation-based structures and performance in a city-tobusiness network addressing climate change in 2011–2018’, urban climate, 45 (2022), 101250–101250 https://doi.org/10.1016/j.uclim.2022.101250 heredia, jorge, john r. mcintyre, cathy rubiños, ernesto santibañez, and alejandro flores, ‘a configuration approach to explain corporate environmental responsibility behavior of the emerging economies firms at industry 4.0’, journal of cleaner production, 395 (2023) https://doi.org/10.1016/j.jclepro.2023.136383 huang, qiping, and meimei lin, ‘do climate risk beliefs shape corporate social responsibility?’, global finance journal, 53 (2022) https://doi.org/10.1016/j.gfj.2022.100739 iqbal, iqbal, and hilmi rayhannafi, ‘legal politics toward natural energy: natural gas utilization in indonesia’, journal of sustainable development and regulatory issues (jsderi), 1.1 (2023), 25–30 https://doi.org/10.53955/jsderi.v1i1.4 jaelani, abdul kadir, resti dian luthviati, and muhammad jihadul hayat, ‘permits for the transfer of agricultural land functions to non-agriculture in the land purchasing and sale process’, in international conference on environmental and energy policy (iceep 2021) (atlantis press, 2021), pp. 216–19 https://doi.org/10.2991/assehr.k.211014.046 jodoin, sébastien, annalisa savaresi, and margaretha wewerinke-singh, ‘rights-based approaches to climate decision-making’, current opinion in environmental sustainability, 52 (2021), 45–53 https://doi.org/10.1016/j.cosust.2021.06.004 karjoko, lego, i. gusti ayu ketut rachmi handayani, abdul kadir jaelani, and muhammad jihadul hayat, ‘indonesia’s sustainable development goals resolving waste problem: informal to formal policy’, international journal of sustainable development and planning, 17.2 (2022), 649–58 https://doi.org/10.18280/ijsdp.170230 krauss, adam d., ‘effect of climate change on the insurance sector’, in the impacts of climate change (elsevier, 2021), pp. 397–436 https://doi.org/10.1016/b978-0-12822373-4.00014-8 https://doi.org/10.1016/j.tourman.2021.104404 https://doi.org/10.1016/j.irfa.2022.102365 https://doi.org/10.1016/j.foodcont.2021.108600 https://doi.org/10.1016/j.uclim.2022.101250 https://doi.org/10.1016/j.jclepro.2023.136383 https://doi.org/10.1016/j.gfj.2022.100739 https://doi.org/10.53955/jsderi.v1i1.4 https://doi.org/10.2991/assehr.k.211014.046 https://doi.org/10.1016/j.cosust.2021.06.004 https://doi.org/10.18280/ijsdp.170230 https://doi.org/10.1016/b978-0-12-822373-4.00014-8 https://doi.org/10.1016/b978-0-12-822373-4.00014-8 issn 2807-2812 journal of human rights, culture and legal system 305 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) kuh, k.f., ‘the law of climate change mitigation: an overview’, in encyclopedia of the anthropocene (elsevier, 2018), pp. 505–10 https://doi.org/10.1016/b978-0-12-8096659.10027-8 le ravalec, mickaele, alexandre rambaud, and véronique blum, ‘taking climate change seriously: time to credibly communicate on corporate climate performance’, ecological economics, 200 (2022), 107542–107542 https://doi.org/10.1016/j.ecolecon.2022.107542 lioubimtseva, elena, and charlotte da cunha, ‘local climate change adaptation plans in the us and france: comparison and lessons learned in 2007-2017’, urban climate, 31 (2020), 100577–100577 https://doi.org/10.1016/j.uclim.2019.100577 loucks, daniel p., ‘impacts of climate change on economies, ecosystems, energy, environments, and human equity: a systems perspective’, in the impacts of climate change (elsevier, 2021), pp. 19–50 https://doi.org/10.1016/b978-0-12-822373-4.00016-1 maharani, mutiara, and nabbiel arbio akbar, ‘utilization of petroleum and natural gas on the sustainable development of indonesian economy’, journal of sustainable development and regulatory issues (jsderi), 1.1 (2023), 1–8 https://doi.org/10.53955/jsderi.v1i1.3 mayembe, rose, nicholas philip simpson, olivia rumble, and marieke norton, ‘integrating climate change in environmental impact assessment: a review of requirements across 19 eia regimes’, science of the total environment, 869 (2023), 161850–161850 https://doi.org/10.1016/j.scitotenv.2023.161850 mceldowney, john f., ‘climate change and the law’, in the impacts of climate change (elsevier, 2021), pp. 503–19 https://doi.org/10.1016/b978-0-12-822373-4.00018-5 megura, matthew, and ryan gunderson, ‘better poison is the cure? critically examining fossil fuel companies, climate change framing, and corporate sustainability reports’, energy research & social science, 85 (2022), 102388–102388 https://doi.org/10.1016/j.erss.2021.102388 morais, h., f. arenas, c. cruzeiro, s. galante-oliveira, and p.g. cardoso, ‘combined effects of climate change and environmentally relevant mixtures of endocrine disrupting compounds on the fitness and gonads’ maturation dynamics of nucella lapillus (gastropoda)’, marine pollution bulletin, 190 (2023), 114841–114841 https://doi.org/10.1016/j.marpolbul.2023.114841 o’donnell, tayanah, ‘coastal lawscape: a framework for understanding the complexities of climate change adaptation’, marine policy, 129 (2021), 104532– 104532 https://doi.org/10.1016/j.marpol.2021.104532 park, jin dong, kimitaka nishitani, katsuhiko kokubu, martin freedman, and yiting weng, ‘revisiting sustainability disclosure theories: evidence from corporate climate change disclosure in the united states and japan’, journal of cleaner production, 382 (2023) https://doi.org/10.1016/j.jclepro.2022.135203 pearce, fred, ‘polluter pays?’, new scientist, 239.3191 (2018), 38–41 https://doi.org/10.1016/s0262-4079(18)31484-2 https://doi.org/10.1016/b978-0-12-809665-9.10027-8 https://doi.org/10.1016/b978-0-12-809665-9.10027-8 https://doi.org/10.1016/j.ecolecon.2022.107542 https://doi.org/10.1016/j.uclim.2019.100577 https://doi.org/10.1016/b978-0-12-822373-4.00016-1 https://doi.org/10.1016/j.scitotenv.2023.161850 https://doi.org/10.1016/b978-0-12-822373-4.00018-5 https://doi.org/10.1016/j.erss.2021.102388 https://doi.org/10.1016/j.marpolbul.2023.114841 https://doi.org/10.1016/j.marpol.2021.104532 https://doi.org/10.1016/j.jclepro.2022.135203 https://doi.org/10.1016/s0262-4079(18)31484-2 306 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) peel, jacqueline, and rebekkah markey-towler, ‘recipe for success?: lessons for strategic climate litigation from the sharma, neubauer, and shell cases’, german law journal, 22.8 (2021), 1484–98 https://doi.org/10.1017/glj.2021.83 peel, jacqueline, and hari m. osofsky, ‘climate change litigation’, annual review of law and social science, 16.1 (2020), 21–38 https://doi.org/10.1146/annurev-lawsocsci022420-122936 pill, melanie, ‘towards a funding mechanism for loss and damage from climate change impacts’, climate risk management, 35 (2022), 100391–100391 https://doi.org/10.1016/j.crm.2021.100391 reichle, david e., ‘carbon, climate change, and public policy’, in the global carbon cycle and climate change (elsevier, 2023), pp. 503–70 https://doi.org/10.1016/b978-0-44318775-9.00015-2 reu junqueira, juliana, silvia serrao-neumann, and iain white, ‘managing urban climate change risks: prospects for using green infrastructure to increase urban resilience to floods’, in the impacts of climate change (elsevier, 2021), pp. 379–96 https://doi.org/10.1016/b978-0-12-822373-4.00013-6 sarwar, huma, junaid aftab, muhammad ishtiaq ishaq, and muhammad atif, ‘achieving business competitiveness through corporate social responsibility and dyanmic capabilities: an empirical evidence from emerging economy’, journal of cleaner production, 386 (2023) https://doi.org/10.1016/j.jclepro.2022.135820 sovacool, benjamin k., and alexander dunlap, ‘anarchy, war, or revolt? radical perspectives for climate protection, insurgency and civil disobedience in a lowcarbon era’, energy research & social science, 86 (2022), 102416–102416 https://doi.org/10.1016/j.erss.2021.102416 supran, geoffrey, and naomi oreskes, ‘rhetoric and frame analysis of exxonmobil’s climate change communications’, one earth, 4.5 (2021), 696–719 https://doi.org/10.1016/j.oneear.2021.04.014 teasdale, natalie, and peter k panegyres, ‘climate change in western australia and its impact on human health’, the journal of climate change and health, 12 (2023), 100243 https://doi.org/10.1016/j.joclim.2023.100243 toft, kristian høyer, and mogens rüdiger, ‘mapping corporate climate change ethics: responses among three danish energy firms’, energy research & social science, 59 (2020), 101286–101286 https://doi.org/10.1016/j.erss.2019.101286 du toit, louise, and louis j. kotzé, ‘reimagining international environmental law for the anthropocene: an earth system law perspective’, earth system governance, 11 (2022), 100132–100132 https://doi.org/10.1016/j.esg.2022.100132 wang, sidan, and süleyman orhun altiparmak, ‘framing climate strategy of the oil industry of china: a tailored approach to ecological modernization’, chinese journal of population, resources and environment, 20.4 (2022), 324–31 https://doi.org/10.1016/j.cjpre.2022.11.003 https://doi.org/10.1017/glj.2021.83 https://doi.org/10.1146/annurev-lawsocsci-022420-122936 https://doi.org/10.1146/annurev-lawsocsci-022420-122936 https://doi.org/10.1016/j.crm.2021.100391 https://doi.org/10.1016/b978-0-443-18775-9.00015-2 https://doi.org/10.1016/b978-0-443-18775-9.00015-2 https://doi.org/10.1016/b978-0-12-822373-4.00013-6 https://doi.org/10.1016/j.jclepro.2022.135820 https://doi.org/10.1016/j.erss.2021.102416 https://doi.org/10.1016/j.oneear.2021.04.014 https://doi.org/10.1016/j.joclim.2023.100243 https://doi.org/10.1016/j.erss.2019.101286 https://doi.org/10.1016/j.esg.2022.100132 https://doi.org/10.1016/j.cjpre.2022.11.003 issn 2807-2812 journal of human rights, culture and legal system 307 vol. 3, no. 2, july 2023, pp. 288-307 gunawan et.al (climate change litigation) wang, xinxin, and kevin lo, ‘civil society, environmental litigation, and confucian energy justice: a case study of an environmental ngo in china’, energy research & social science, 93 (2022), 102831–102831 https://doi.org/10.1016/j.erss.2022.102831 watts, theresa, and sandra o. brugger, ‘the intersection between climate change, covid-19, and future pandemics – perspectives among american transportation network drivers’, journal of transport & health, 2023, 101582 https://doi.org/10.1016/j.jth.2023.101582 xu, weidong, xin gao, hao xu, and donghui li, ‘does global climate risk encourage companies to take more risks?’, research in international business and finance, 61 (2022), 101658–101658 https://doi.org/10.1016/j.ribaf.2022.101658 https://doi.org/10.1016/j.erss.2022.102831 https://doi.org/10.1016/j.jth.2023.101582 https://doi.org/10.1016/j.ribaf.2022.101658 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 70 https://doi.org/10.53955/jhcls.v3i1.73 journalhumanrightslegalsystem@gmail.com the policy of sustainable waste management towards sustainable development goals budimana abdul kadir jaelanib* aqueen’s university of belfast, united kingdom. bfaculty of law, universitas sebelas maret, surakarta, indonesia. *corresponding author: jaelaniabdulkadir@staff.uns.ac.id 1. introduction it is such a big priority for most countries to see waste as a significant issue that requires effective and sustainable management. various strategies in tackling the waste issue are applied, which cannot be denied depending on several factors including the political, social, economic and environmental aspects.1 even though there are significant differences in waste management if compared between 1 manuel chica, juan m. hernández, and matjaž perc, ‘sustainability in tourism determined by an asymmetric game with mobility’, journal of cleaner production, 355.december 2021 (2022), 131662 https://doi.org/10.1016/j.jclepro.2022.131662 a r t i c l e i n f o a b s t r a c t article history received: july 15, 2022. revised: february 13, 2023. accepted: february 14, 2023. the research is focused on the sustainable waste management, with the specific concern on the use of waste management platform called waste bank being driven by local organizations in lombok, indonesia. the study aims to investigate the factors that attract the participation of local communities in using the platform for waste management and further to explore the lessons and good practices of waste banks driven by local community-driven organizations in lombok, indonesia. the method used for this research was qualitative with the analyticdescriptive approach. data collection was through literature study and survey questionnaire. based on the findings of the research, several factors including socio-economic characteristic and the lack of waste facilities and services influence the participation of local communities in sustainable waste management in lombok. those factors are critically shown based on its significance in influencing the involvement of local communities in implementing sustainable waste management. thus, one of alternatives to use the waste bank initiated by local community-driven organizations may help in some ways such as improved participation of local communities in sustainable waste management. furthermore, the lessons and good practices of waste banks driven by the selected two organizations in lombok are highlighted. this is an open-access article under the cc–by 4.0 license. keywords sustainable; participation; waste bank; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:jaelaniabdulkadir@staff.uns.ac.id https://doi.org/10.1016/j.jclepro.2022.131662 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 71 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) developing and industrialized countries, generally both implement similar methods on waste treatment such as landfilling, incineration and recycling.2 however, tackling the problem of waste in developing countries is challenging. one of the reasons is that these countries have a lack of economic resources to provide technological alternatives compared to most developed nations. also, lack of environmental awareness is believed to be an obstacle preventing local government from providing effective and efficient sustainable waste management.3 issues on waste has been also a huge concern in indonesia where the country is struggling with millions of tons of waste every year. some evidence put indonesia as the world’s biggest contributor to plastic waste in the oceans.4 several factors contribute to the rise of solid waste generation including the increasing population of indonesia combined with the poor of waste management.5 the government of indonesia has published a variety of rules to attempt in reducing the amount of waste by managing it sustainably. a regulation under uu no. 18/2008, further followed by central government regulation on household waste management under pp no. 81/2012, emphasises that local government is supposed to work with the local community in handling waste issues by changing the common practice of waste treatment by collecting, transporting and dumping to landfill.6 practice should encourage effective implementation of the current system of “3r” reduce, reuse, and recycle. also, waste management is carried out based on the principles of sustainability, responsibility, usefulness, justice, awareness, togetherness, safety and economic value.7 furthermore, one of the efforts adopted by the government of indonesia through the ministry of environment (moe) on the reduction of waste transported 2 ema gusheva and others, ‘how do waste climate policies contribute to sustainable development? a case study of north macedonia’, journal of cleaner production, 354.december 2021 (2022), 131572 https://doi.org/10.1016/j.jclepro.2022.131572 3 hossein shokri garjan, mohammad mahdi paydar, and ali divsalar, ‘a sustainable supply chain for a wellness tourism center considering discount and quality of service’, expert systems with applications, 211.may 2022 (2023), 118682 https://doi.org/10.1016/j.eswa.2022.118682 4 mbaye fall diallo and others, ‘how do tourism sustainability and nature affinity affect social engagement propensity? the central roles of nature conservation attitude and personal tourist experience’, ecological economics, 200.may (2022), 107503 https://doi.org/10.1016/j.ecolecon.2022.107503 5 george e. halkos and panagiotis stavros c. aslanidis, ‘new circular economy perspectives on measuring sustainable waste management productivity’, economic analysis and policy, 77 (2023), 764–79 https://doi.org/10.1016/j.eap.2023.01.001 6 rajvikram madurai elavarasan and others, ‘the untold subtlety of energy consumption and its influence on policy drive towards sustainable development goal 7’, applied energy, 334.january (2023), 120698 https://doi.org/10.1016/j.apenergy.2023.120698 7 qing ye and others, ‘how publications and patents are contributing to the development of municipal solid waste management: viewing the un sustainable development goals as ground zero’, journal of environmental management, 325.pb (2023), 116496 https://doi.org/10.1016/j.jenvman.2022.116496 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jclepro.2022.131572 https://doi.org/10.1016/j.eswa.2022.118682 https://doi.org/10.1016/j.ecolecon.2022.107503 https://doi.org/10.1016/j.eap.2023.01.001 https://doi.org/10.1016/j.apenergy.2023.120698 https://doi.org/10.1016/j.jenvman.2022.116496 72 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) to landfills is the system of the waste bank.8 this system could stimulate the direct participation of people, the behaviour change about waste treatment and the creation of economic opportunities. the waste bank is one of the alternative solutions to the problem of waste in indonesia because of its principle in supporting the implementation of “3r” reduce, reuse and recycle.9 the system of waste bank in indonesia is considered one of the new strategies for sustainable waste management in indonesia because of its functions. first, the waste bank is designed as the place of sorted waste, differed by organic and inorganic waste. second, the waste bank has a similar function to the conventional bank to deposit money. the customers of waste bank can also collect and divide profit proportionally if they store their waste in the waste banks.10 the implementation of waste bank as the alternatives to reduce waste volume in landfills is not that new. the operation of waste bank was initially started in yogyakarta, indonesia by a local community organization called gempah rimpah, which has lead the emergence of waste bank across indonesia and has inspired the government of indonesia to adopt the program as the national program. in contrast to the positive trends towards the existence of waste bank in national level, waste bank has not been fully adopted into local context of lombok island where it can also fully atract the local community to participate in sustainable waste management. also, there is a crucial need to promote potentials of lombok island as the newly developed tourism destination in indonesia without any issues on environment such as waste management problem.11 a major research gap to the most studies on waste management presents the aspect of waste management at the segment of waste treatment. in response to that most studies, this study propose a research that assess the specific aspect on waste mangement practice at the sector of waste prevention with the specific location in tourism destination. thus, the goal of this study ranges from assessing participation of the local community in sustainable waste management along with asessing lessons and good practices of waste bank driven by local community organizations in lombok, indonesia for their efforts to work on waste prevention. therefore, in this part, some literature regarding the implementation of the waste bank in several cities in indonesia is reviewed to investigate the factors that 8 saurabh upadhyay, ‘drivers for sustainable mining waste management – a mixed-method study on the indian mining industry’, resources policy, 79.december 2021 (2022), 102904 https://doi.org/10.1016/j.resourpol.2022.102904 9 ismail erol and others, ‘improving sustainability in the tourism industry through blockchain technology: challenges and opportunities’, tourism management, 93.march (2022), 104628 https://doi.org/10.1016/j.tourman.2022.104628 10 zhuowei huang, lisheng weng, and jigang bao, ‘how do visitors respond to sustainable tourism interpretations? a further investigation into content and media format’, tourism management, 92.march (2022), 104535 https://doi.org/10.1016/j.tourman.2022.104535 11 f. calderón-vargas, d. asmat-campos, and p. chávez-arroyo, ‘sustainable tourism policies in peru and their link with renewable energy: analysis in the main museums of the moche route’, heliyon, 7.10 (2021) https://doi.org/10.1016/j.heliyon.2021.e08188 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.resourpol.2022.102904 https://doi.org/10.1016/j.tourman.2022.104628 https://doi.org/10.1016/j.tourman.2022.104535 https://doi.org/10.1016/j.heliyon.2021.e08188 issn 2807-2812 journal of human rights, culture and legal system 73 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) influence local community participation in waste management through the program of the waste bank.12 a study conducted by indrianti (2015) examined the sustainability model of the community-based solid waste bank through a model of waste bank applied at the quran education park (tpa miftahul jannah) in yogyakarta. the result of the study shows there was a sustainable interaction among the students as the members of the waste bank. also, the income acquired from the operation of the waste bank was delivered to the development of the education park. furthermore, regarding the environmental aspect, there are activities related to ecological campaign and sustainable waste management practice.13 the research conducted by sutomo elaborates the factors motivating community in waste bank activities, the sustainability of waste banks operations, and the effective government mechanisms to support solid waste management in yogyakarta. the result shows that the selected waste banks adopt a profit-sharing tool to cover operational costs and to attract local community in yogyakarta to be customers of waste banks. also, most of waste banks generated by local community organizations in yogyakarta are considered to be sustainable as the aspects of sustainability can be achieved. a study conducted by suryo and cicik determines both internal and external factors influencing community participation in the management of waste bank in surakarta, indonesia. there is a positive impact shown from both internal and external element. internal factors include age, education, and gender, while external factors comprise of access to information, the activeness of environmental cadres, psychological motive, social motive, the economic motive to the community participation in the management of waste bank in surakarta. the study suggests that the government should improve the management of waste bank by involving relevant stakeholders and the local community about doing in-depth socialization about proper waste management. based on the previous research elaborated above, there are some similarities and differences. the similarities lie in the implementation of waste banks and the factors affecting motivation for people to participate in the program of waste bank. on the other hand, the difference lies in the investigation of the sustainability dimensions of the system of waste bank in lombok. this concern is slightly similar with the study conducted by sutomo, yet the difference lies on the locality context of the research and the rules of local government in lombok about waste management. also, good practices and lessons are crucial to being 12 francisco javier blancas and macarena lozano-oyola, ‘sustainable tourism evaluation using a composite indicator with different compensatory levels’, environmental impact assessment review, 93.december 2021 (2022), 106733 https://doi.org/10.1016/j.eiar.2021.106733 13 sarah schönherr, mike peters, and kir kuščer, ‘sustainable tourism policies: from crisisrelated awareness to agendas towards measures’, journal of destination marketing & management, 27.january (2023), 100762 https://doi.org/10.1016/j.jdmm.2023.100762 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.eiar.2021.106733 https://doi.org/10.1016/j.jdmm.2023.100762 74 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) assessed in the system of waste bank driven by selected local community-driven organizations in lombok. 2. research method the method used for this research is a qualitative approach with the analyticdescriptive method. the study describes data and analyses it with a normative theory as a comparison.14 data are collected from the literature study, questionnaires and online resources. data is then analysed to study waste management system in lombok. data collected from the survey questionnaire is aimed to examine the current behaviour of the local community in waste management, as well as factors affecting the local participation in sustainable waste management. furthermore, data regarding operation of waste banks generated by local community-driven organizations in lombok island are analysed to study lessons and good practice of waste banks itself.15 data collection in this research is from primary and secondary resources. the following parts explain how data collection works. this process of data collection is aimed to gather data from the secondary resources.16 it is to review relevant documents that are available online on the internet. as the constraint faced by the author to conduct field research, desk research is instrumental approaches for digging out the relevant information from the internet. also, it can be conducted in the starting phase of gathering information related to government reports about waste management in lombok, indonesia.17 furthermore, most of the data represented about local community-driven organizations of waste bank in lombok can be highlighted with the various viewpoints of sources collected through online.18 14 taufik hidayat, resti dian, and suviwat jenvitchuwong, ‘disharmonization of supreme court regulations in material judicial rights’, journal of human rights, culture and legal system, 2.3 (2022), 149–66 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.34 15 fatma ulfatun najicha and others, ‘the conceptualization of environmental administration law in environmental pollution control’, journal of human rights, culture and legal system, 2.2 (2022), 87–99 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 16 abdul kadir jaelani and muhammad jihadul hayat, ‘the proliferation of regional regulation cancellation in indonesia’, journal of human rights, culture and legal system, 2.2 (2022), 121–38 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 17 mohammad jamin and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 18 rian saputra, m zaid, and silaas oghenemaro, ‘the court online content moderation : a constitutional framework’, journal of human rights, culture and legal system, 2.3 (2022), 139–48 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.54 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.34 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.54 issn 2807-2812 journal of human rights, culture and legal system 75 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) 3. results and discussion waste management in indonesia spread across a chain of more than 17 thousand islands between asia and australia, indonesia has become one of the world’s major emerging economies. indonesian population has reached more than 260 million, spread across 34 provinces.19 however, indonesia is vulnerable to the issue of waste. it is revealed by the production of municipal solid waste ranging from 0.8 kg per capita to 2.1 kilograms per capita over the past decade.20 ministry of environment and forestry republic of indonesia highlights that the amount of waste produced by the whole provinces in indonesia reached more than 65 million tons every day. it is predicted to increase five times by 2022. the pie chart below shows the proportion of waste management in 2022. chart 1: the percentage of waste management in indonesia source: the ministry of environment, 2022 from the data shown, it is clear that the unmanaged waste combined with the buried waste (total percentage: 86.61%) revealing the waste in indonesia is poorly managed. some issues are attributed to the challenges in improving the system of waste management in indonesia. for example, low quality of waste management, 19 a. rongna and jiuxia sun, ‘tourism livelihood transition and rhythmic sustainability: the case of the reindeer evenki in china’, annals of tourism research, 94.135 (2022), 103381 https://doi.org/10.1016/j.annals.2022.103381 20 dan cudjoe, bangzhu zhu, and hong wang, ‘towards the realization of sustainable development goals: benefits of hydrogen from biogas using food waste in china’, journal of cleaner production, 360.may 2021 (2022), 132161 https://doi.org/10.1016/j.jclepro.2022.132161 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.annals.2022.103381 https://doi.org/10.1016/j.jclepro.2022.132161 76 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) insufficient final disposal sites or tpa, complexities in waste management institution and funding issues exacerbate the system of waste management in indonesia.21 those kinds of obstacles influence the community to manage their waste by themselves. they are either following the scheme of national waste management or even managing waste based on their preference such as buried underground, composted, burnt in open air and thrown into the rivers. the approximate amount of waste managed by the community reached 1,300,014.6 tons of waste per year. thus, there might be a big challenge on how indonesia manage such the massive amount of waste.22 based on the current system of waste management in indonesia, some steps are commonly practised. first, the garbage is collected by the cleaning officer and is brought to the temporary dump sites (tps).23 it then has to be sorted based on the economic value embedded in the type of waste such as plastic and paper. then the waste should be disposed to the final dump sites (tpa). until now, this practice is still widely applied to the regions in indonesia.24 the figure below may illustrate. figure 1: the current system of waste management in indonesia 21 suraj k. mallick and others, ‘plastic waste footprint in the context of covid-19: reduction challenges and policy recommendations towards sustainable development goals’, science of the total environment, 796 (2021), 148951 https://doi.org/10.1016/j.scitotenv.2021.148951 22 marym mohamad razip and others, ‘the development of sustainable iot e-waste management guideline for households’, chemosphere, 303.p1 (2022), 134767 https://doi.org/10.1016/j.chemosphere.2022.134767 23 xue zhao and others, ‘how digitalization promotes the sustainable integration of culture and tourism for economic recovery’, economic analysis and policy, 77 (2023), 988–1000 https://doi.org/10.1016/j.eap.2023.01.005 24 francisco javier blancas, ignacio contreras, and macarena lozano-oyola, ‘evaluating destinations’ efforts to improve sustainability in tourism using the inter-temporal decomposition of a composite indicator’, environmental impact assessment review, 98.september 2022 (2023), 106947 https://doi.org/10.1016/j.eiar.2022.106947 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.scitotenv.2021.148951 https://doi.org/10.1016/j.chemosphere.2022.134767 https://doi.org/10.1016/j.eap.2023.01.005 https://doi.org/10.1016/j.eiar.2022.106947 issn 2807-2812 journal of human rights, culture and legal system 77 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) an issue emerges when the landfills cannot accommodate all the waste disposed of. therefore, there should be a different approach to maintain the current system of waste management in indonesia. according to several studies, the best waste management system should consider five critical aspects. they are a legal, institutional, financial, the technological and the socio-cultural element.25 waste management in the context of lombok region, indonesia the general standard of waste management in lombok is the same as the indonesian national standard. the national policy on waste management which was issued in 2008 under the regulation. no. 18/2008 is also applied equally in lombok. however, the implementation of waste management in the local context is considered to have poor performance. therefore, it requires particular modifies in the management of waste at the local level which entails the involvement of all stakeholders. administratively, lombok is under the governor of the province of west nusa tenggara (nusa tenggara barat) and is divided into four kabupaten (regencies) and one kota (city). the island of lombok sits just east of bali, and both represent popular tourist destinations for people around the world. the map below shows the position of lombok just beside bali.26 the statistics highlight that the population in 2021 census for lombok’s people in total was 3,474,247. bps (2021) also provides the information that the population has increased significantly during the last five years, which boosts the volume of daily waste mass in landfills. it is shown from the data below regarding waste volume in each region of lombok for the year 2021. table 1: the population number and waste collection in lombok regencies kabupaten/kota (regencies) populations waste mass (kg/day) west lombok 711,712 216,048.09 central lombok 1,032,258 301,522.69 east lombok 1,286,048 385,105.72 north lombok 232,747 68,820.08 mataram 417,354 181,640.14 total 3,680,119 1,153,136.72 source: department of environment and forestry of province of ntb, 2021 based on the data provided above, it is calculated that the amount of waste in each region in lombok is in line with the number of inhabitants. however, it is not 25 lucila carbonell and others, ‘localisation of links between sanitation and the sustainable development goals to inform municipal policy in ethekwini municipality, south africa’, world development sustainability, 2.march 2022 (2023), 100038 https://doi.org/10.1016/j.wds.2022.100038 26 fiona bénard and bruno malet-damour, ‘assessing potential of plastic waste management policies for territories sustainability: case study of reunion island’, world development sustainability, 1.march (2022), 100030 https://doi.org/10.1016/j.wds.2022.100030 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.wds.2022.100038 https://doi.org/10.1016/j.wds.2022.100030 78 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) necessarily to say that the local government of lombok has appropriately managed the problem of waste.27 it is evident that the concerns of burning and dumping practices have been a long-standing issue over the small tourist island of gili trawangan, lombok. it means that the waste problem has been affected the sustainability of tourism destination in lombok such as gili trawangan and senggigi.28 photograph 1: the landfill in gili trawangan, lombok the image above describes the condition of a landfill in one of the popular tourist destination in lombok namely gili trawangan. according to the information delivered by a head of the area (ketua rt) in gili trawangan, the statement of ketua rt was quoted from the interview with kompas.com, one of the leading national media in indonesia. according to the information above, it indicates that the tourism destination in which relevant stakeholders should pay more attention towards waste issues, but it seems that there is a lack of concern to deal with the problem. waste bank as the tool of sustainable waste management policy it could be perceived that people’s awareness towards the environmental concerns is relatively low. it is supported by the fact that there is an increasing trend of waste generation and the change of waste composition. the government of indonesia through the ministry of environment has adopted the system of waste bank as a social capital to gain community participation in implementing 3r (reduce, reuse and recycling) concept. also, with the existence of waste 27 chang yeon park and others, ‘volunteer tourists’ environmentally friendly behavior and support for sustainable tourism development using value-belief-norm theory: moderating role of altruism’, journal of destination marketing and management, 25.may (2022), 100712 https://doi.org/10.1016/j.jdmm.2022.100712 28 idiano d’adamo and others, ‘assessing the relation between waste management policies and circular economy goals’, waste management, 154.september (2022), 27–35 https://doi.org/10.1016/j.wasman.2022.09.031 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jdmm.2022.100712 https://doi.org/10.1016/j.wasman.2022.09.031 issn 2807-2812 journal of human rights, culture and legal system 79 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) bank, the government can easily promote 3r as a mean to increase material recovery and to reduce waste disposed of in landfills.29 regarding the definition of a waste bank, the ministry of environment of the republic of indonesia under uu no. 13/2012 defines a waste bank as a place of waste sorting and collecting that can be recycled and or reused which has economic value. other describe the waste bank as the similar function as a conventional bank, which enables members of the waste bank to withdraw the amount of saving in occasional time. in general, waste bank is basically aimed as the attempt to deal with household waste. the waste bank works based on its fundamental principle in involving public and private sectors to create a clean environment. also, the local community can make waste bank as the place to store waste collectively. by doing so, it means that the economic value from waste can be gained by turning waste into a saving.30 since the launching of the waste bank in 2008, the program can be considered as one of the successful programs in managing waste in indonesia. it is evident that during the five years of its implementation, the number of waste banks in indonesia increased significantly. the data published by the ministry of environment and forestry of indonesia 2016 shows that the number of waste banks has reached 4280 units spread over the regions in indonesia with 163,128 members and the amount of 1,099,188.47 tons of collected waste per year. chart 2: the progress of waste bank in indonesia 0 200.000 400.000 600.000 800.000 1.000.000 1.200.000 2013-2014 2014-2015 2015-2016 1.172 3.075 4.280 99.636 151.419 163.128 817.026,58 1.096.906,00 1.099.188 waste banks customers of waste bank the amount of waste collected (tons/year) source: ministry of environment and forestry of indonesia, 2016 29 mario villalba ferreira and others, ‘the effectiveness of inter-municipal cooperation for integrated sustainable waste management: a case study in ecuador’, waste management, 150.january (2022), 208–17 https://doi.org/10.1016/j.wasman.2022.07.008 30 shreya some and others, ‘low demand mitigation options for achieving sustainable development goals: role of reduced food waste and sustainable dietary choice’, journal of cleaner production, 369.october 2021 (2022), 133432 https://doi.org/10.1016/j.jclepro.2022.133432 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.wasman.2022.07.008 https://doi.org/10.1016/j.jclepro.2022.133432 80 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) with regards to the aspects of sustainable development, the program of waste could be categorized sustainable. it is supported with the fact that there is fast progress for the last five years in reducing waste dump in a landfill and there is evidence of high level of community participation as well as improving the income of the community. the existence of waste bank in indonesia is believed to accelerate the local economic growth and community well-being as well as environmental preservation.31 proper waste management may be considered as the indicator of the sustainability of any country. poor waste management may indicate the weak level of sustainability of the nation itself. as happened in most developing countries, waste management is prioritized after basic needs such as food and livelihood being fulfilled. it means that environmental concern is received less attention from relevant stakeholders and community compared to other aspects such as socio-economic sectors. therefore, for recent decades, the indonesian government has been widely encouraging the alternative solution from the emerging issue of waste. along with the technological approach, the government emphasizes the importance of strategies to increase awareness and behavioural change of communities in the management of household waste.32 regarding sustainable performance of the waste bank, some local government of different regions in indonesia attract the local community participation in a variety of ways. some factors may influence the involvement of the community in waste management. for example, a demography factor including age, gender and household typology became the significant factors affecting community participation in waste management. however, the most influencing factor towards the level of community participation is determined by the socioeconomic backgrounds of the community it self.33 sustainable waste management policy towards sustainable development goals based on the findings in the previous chapter, the participation of local communities in waste management is relatively low. it is analyzed from the current behavior of local communities in sorting and disposing of their household waste. firstly, there is an indication of a small proportion of people sorting their waste according to its types. secondly, based on the data gained from the questionnaire, more than half of respondents disposed of their waste by throwing 31 najid ahmad, liu youjin, and mouna hdia, ‘the role of innovation and tourism in sustainability: why is environment-friendly tourism necessary for entrepreneurship?’, journal of cleaner production, 379.p2 (2022), 134799 https://doi.org/10.1016/j.jclepro.2022.134799 32 saurabh ardra and mukesh kumar barua, ‘halving food waste generation by 2030: the challenges and strategies of monitoring un sustainable development goal target 12.3’, journal of cleaner production, 380.p1 (2022), 135042 https://doi.org/10.1016/j.jclepro.2022.135042 33 yuan chi and dahai liu, ‘measuring the island tourism development sustainability at dual spatial scales using a four-dimensional model: a case study of shengsi archipelago, china’, journal of cleaner production, 388.6 (2023), 135775 https://doi.org/10.1016/j.jclepro.2022.135775 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jclepro.2022.134799 https://doi.org/10.1016/j.jclepro.2022.135042 https://doi.org/10.1016/j.jclepro.2022.135775 issn 2807-2812 journal of human rights, culture and legal system 81 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) into the river, burying and burning. it means that there is an indication of the weak level of community participation in sustainable waste management.34 the environment and biodiversity may be impacted as the consequence of the activities previously mentioned such as burying and burning waste. darmono states that both waste burning and burying lead to the several impacts. first, there is air pollution which leads to the damage of the ozone layer causing global warming. second, it triggers water pollution in the form of contamination of chemical and radioactive substances that interfere fauna such as poisoning to genetic damage and reproductive disorders. furthermore, the transfer of metal emissions from waste burning may affect the health of living things.35 based on the elaboration of the current behavior of local communities above, there is a contradictory between the perception and practice. in this case, the finding reveals that most of the respondents are aware of the importance of waste recycling. it can be analyzed from their opinion that recycling is the appropriate way for waste management. however, it is not in line with the reality determined by the finding of this research which reveals most respondents manage their waste sustainably.36 to simplify, various conflicting and competing factors affect the daily decisions and actions towards sustainable waste management. kollmuss and agyeman concluded in his research that people might be correctly wanting to change their behaviour until the people persist enough in applying the new behaviour to be a habit. thus, there should be efforts for the local communities in lombok and relevant stakeholders to create sustainable waste management as a routine activity until it reflects on the pro-environmental behaviour.37 according to the elaboration of findings of this research, several factors may influence the participation among the locals in lombok in implementing sustainable waste management. even though the characteristics of socio-economic are categorized as the indicator of the issue, in general, it does not significantly affect the current behavior of the communities in implementing sustainable waste management. even so, the factors like the availability of waste facilities and role of 34 arfat ahmad sofi and others, ‘renewable energy and transitioning towards sustainable tourism: inferences from kernel density and nonparametric approach’, renewable energy, 193 (2022), 963–75 https://doi.org/10.1016/j.renene.2022.04.132 35 tiffany m.w. mak and others, ‘sustainable food waste management towards circular bioeconomy: policy review, limitations and opportunities’, bioresource technology, 297.november 2019 (2020) https://doi.org/10.1016/j.biortech.2019.122497 36 vikas kumar and others, ‘microand nano-plastics (mnps) as emerging pollutant in ground water: environmental impact, potential risks, limitations and way forward towards sustainable management’, chemical engineering journal, 459.january (2023), 141568 https://doi.org/10.1016/j.cej.2023.141568 37 ömer ceyhun apak and ahmet gürbüz, ‘the effect of local food consumption of domestic tourists on sustainable tourism’, journal of retailing and consumer services, 71.november 2022 (2023) https://doi.org/10.1016/j.jretconser.2022.103192 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.renene.2022.04.132 https://doi.org/10.1016/j.biortech.2019.122497 https://doi.org/10.1016/j.cej.2023.141568 https://doi.org/10.1016/j.jretconser.2022.103192 82 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) leadership may change the behavior of local communities in achieving sustainable waste management.38 it can be analyzed from the findings of this study that shows several items from the socioeconomic characteristic of respondents including the level of education, age and status of work. in general, although the socio-economic characteristics affect the communities’ behavior in waste management, it does not influence the current behavior of respondents regarding sorting waste and disposing of waste significantly. to illustrate, most respondents are categorized profoundly welleducated people as the data shows their level of education dominating university level. however, they are less likely affected to change their behavior in managing waste appropriately. it is contrary to the study conducted by suryo and cicik which highlights several factors pushing the level of community participation in waste management including the consideration of education.39 regarding the age and gender, the respondents are also under the productive age between 15 and 60 years, dominated by the female. it seems that age and gender are not considered to be the significant factor affecting the local communities to manage their waste properly. it is in line with the research conducted by tulit and maulina indicating the gender and age does not affect the level of community participation in waste management substantially. moreover, the status of working also does not significantly influence the communities to internalize the sustainable waste management into their behavior.40 the socioeconomic factors may not significantly affect the current behavior of local communities in the implementation of sustainable waste management in lombok. even so, the findings of this research revealed some significant factors stimulate the local communities’ behavior to implement sustainable waste management in lombok. first and foremost, it is revealed that the lack of facilities ultimately influences the current behavior of local communities in disposing of their waste. based on the respondent’s answer towards the research question about the availability of waste facilities provided in their residence, it shows that only certain places are equipped with the facilities of waste such as landfills and waste containers. it means that the community access to waste facilities are still restricted 38 thi quynh trang nguyen, patricia johnson, and tamara young, ‘networking, coopetition and sustainability of tourism destinations’, journal of hospitality and tourism management, 50.june 2021 (2022), 400–411 https://doi.org/10.1016/j.jhtm.2022.01.003 39 radoslaw depczynski, ‘the assessment of product groups and efficiency in the use of raw materials and waste management towards sustainable development case study of the steel manufacturing company in poland’, procedia computer science, 207.kes (2022), 4306–17 https://doi.org/10.1016/j.procs.2022.09.494 40 pietro castellani, navarro ferronato, and vincenzo torretta, ‘setting priorities to achieve sustainable development goals through appropriate waste management systems in uganda’, environmental development, 44.may (2022), 100764 https://doi.org/10.1016/j.envdev.2022.100764 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jhtm.2022.01.003 https://doi.org/10.1016/j.procs.2022.09.494 https://doi.org/10.1016/j.envdev.2022.100764 issn 2807-2812 journal of human rights, culture and legal system 83 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) to the particular extent of regions in lombok. for example, the local government is more concerned to provide waste facilities in the capital city of mataram.41 therefore, the challenge of sustainable waste development in developing countries like inadequate financing and limited raw materials as elaborated by marshall and farahbakhsh, tchobanoglous et al., naturally happens in indonesia. it can be analyzed by the lack of waste facilities such as landfills and waste containers. the locals can be triggered to make open dumping such as throwing waste into the river and burying. also, these issues are more likely to happen if it is not handled severely. it is because there is an increasing trend of population in lombok over the past decades, affecting the inevitable growth of waste generation.42 secondly, the lack of concern of relevant stakeholders in facilitating the local communities with programs related to the implementation of sustainable waste management also affects the local community participation itself. based on the research finding, there is a high trend showing the response of participants regarding the lack of attention of relevant stakeholders in providing sustainable programs in waste management. the issue may be correlated to the reduced function of institutional aspects for instilling sustainable waste management. it has been suggested by marshal and farahbakhsh; eco invest, which they stipulate the institutional aspects should be taken into high consideration for the acceleration of the implementation of sustainable waste management. however, it seems that the function of institutional elements does not give the significant impact in changing the current behavior of most locals towards the implementation of sustainable waste management in lombok.43 there is a need for relevant stakeholders to use a multidimensional approach. guerrero at al., suggested using the strategy which can accommodate sociocultural, economic linkages and legal institution approach. it is slightly in line with the explanation of munton. he stated that “although sustainable development acquired its initial currency in the international area, it will be the local responses … that will determine its success or failure as practical programs”. it means that successful sustainable development concept internalized into practical programs is determined by the local response which should be adjusted with the aspects of socioeconomic and cultural of the regions. this strategy may suit with the case of lombok regarding the less concern of the locals in the 41 martin balas and david j. abson, ‘characterising and identifying gaps in sustainability assessments of tourism a review’, tourism management perspectives, 43.january (2022), 101004 https://doi.org/10.1016/j.tmp.2022.101004 42 sonia rebouças silva melo and others, ‘the practice of (un)sustainable tourism in a national park: an empirical study focusing on structural elements’, journal of outdoor recreation and tourism, 39.may (2022), 100548 https://doi.org/10.1016/j.jort.2022.100548 43 ashish soni and others, ‘challenges and opportunities of utilizing municipal solid waste as alternative building materials for sustainable development goals: a review’, sustainable chemistry and pharmacy, 27.april (2022), 100706 https://doi.org/10.1016/j.scp.2022.100706 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.tmp.2022.101004 https://doi.org/10.1016/j.jort.2022.100548 https://doi.org/10.1016/j.scp.2022.100706 84 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) environment. to illustrate, the practical programs regarding sustainable waste management in lombok could be encouraged by motivating the locals with the economic benefits they may acquire from the plans.44 when it comes to the breakthrough to cope with the complexities of waste issues in indonesia, waste bank may be one of the alternatives. notably, the principal function of waste banks in gaining community participation in 3r (reduce, reuse, and recycling) also enables the local community to achieve economic benefits. it is noteworthy to discuss what things become good practices of selected waste organizations in lombok and lessons could be learned from the business in operating waste banks.45 based on the findings of this study, the successful programs of waste banks by the selected organizations can be determined by the function in raising public participation and the achievement of sustainability aspects. to specify, the analysis of good practices of both bintang sejahtera and ntb mandiri in operating the business of waste banks in lombok can be analyzed with the following functions below. it can be stipulated that the waste management services in lombok are based on the national law of the republic of indonesia regarding local governance. the law specifies the autonomous affairs of each city and regency in indonesia which is underlined under article 14 of law number 32 year 2004 on decentralization. with the correlation of waste management services, the local government of lombok is primarily responsible for providing services of waste management independently.46 notwithstanding, the performance of waste management services in lombok is more likely to have considerable improvement. it is because the findings of the research found that several indicators reflect the poor management of handling waste by the local government of lombok. for instance, the previous part analyses that there is a lack of waste facilities provided in each region of lombok. also, there is a lack of leadership roles to support the communities with the sustainable, practical programs of waste management. as a result, there is a worrying phenomenon seems still exist regarding the unsustainable manner of current communities’ behavior in waste disposal in lombok.47 44 aoqi xu and others, ‘investigation of management of international education considering sustainable medical tourism and entrepreneurship’, heliyon, 9.1 (2023), e12691 https://doi.org/10.1016/j.heliyon.2022.e12691 45 maeen md khairul akter and others, ‘textile-apparel manufacturing and material waste management in the circular economy: a conceptual model to achieve sustainable development goal (sdg) 12 for bangladesh’, cleaner environmental systems, 4.january (2022), 100070 https://doi.org/10.1016/j.cesys.2022.100070 46 diana v. burbano and others, ‘“rethink and reset” tourism in the galapagos islands: stakeholders’ views on the sustainability of tourism development’, annals of tourism research empirical insights, 3.2 (2022), 100057 https://doi.org/10.1016/j.annale.2022.100057 47 giovanna bertella, ‘small tourism providers’ stories about sustainability’, annals of tourism research empirical insights, 4.1 (2023), 100085 https://doi.org/10.1016/j.annale.2022.100085 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2022.e12691 https://doi.org/10.1016/j.cesys.2022.100070 https://doi.org/10.1016/j.annale.2022.100057 https://doi.org/10.1016/j.annale.2022.100085 issn 2807-2812 journal of human rights, culture and legal system 85 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) for those reasons previously mentioned, the waste management services are frequently treated by informal sectors. in this case, some local organizations which concern in the environment and human resources including bintang sejahtera and ntb mandiri initiated waste banks as the alternative solutions of the weak level of the local communities’ awareness in managing waste issues. the existence of these local organizations at least can help the local government in reducing the amount of waste in landfills. it is evident from the data finding regarding daily waste collection in waste banks operated by both organizations. the amount of garbage collected on a regular basis is relatively high. accordingly, the government function of waste bank system generated by these organizations can be seen through their purpose in taking over the government role in reducing the amount of waste volume in landfills.48 based on the research finding regarding socioeconomic contributions in operating waste bank, both bintang sejahtera and ntb mandiri have provided the local communities with the services that attributed to creating community resilience. it is evident that lots of people receive economic benefits by storing waste into waste bank operated by these organizations. it influences the number of waste customers in both organizations to increase every year. besides that, both organizations have prioritized the disability people to be trained as the employees in producing handicrafts from waste. moreover, these organizations have been long-standing in carrying out socialization encouraging the locals in waste separation. they also run many activities in the form of education and training about waste management, composting, and handicraft training.49 those kinds of activities run by the selected organizations are ultimately related to community empowerment. the concept of empowerment in the discourse of community development always associated with individual ideas including participation, networking and justice. according to rappaport (1984), empowerment is the concept that links individual strengths and competencies, natural helping systems, and proactive behavior to social policy and social change.50 generally, empowerment can put people in both in personal and social context to get access to power. from the concept of empowerment elaborated above, it can be said that the local community-driven organizations in waste banks in lombok have been in a right track in utilizing resources which come from 48 rohit agrawal and others, ‘big data analytics and sustainable tourism: a comprehensive review and network based analysis for potential future research’, international journal of information management data insights, 2.2 (2022), 100122 https://doi.org/10.1016/j.jjimei.2022.100122 49 anupam khajuria and others, ‘accelerating circular economy solutions to achieve the 2030 agenda for sustainable development goals’, circular economy, 1.1 (2022), 100001 https://doi.org/10.1016/j.cec.2022.100001 50 zachary s. brown and nick johnstone, ‘better the devil you throw: experience and support for pay-as-you-throw waste charges’, environmental science and policy, 38 (2014), 132–42 https://doi.org/10.1016/j.envsci.2013.11.007 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jjimei.2022.100122 https://doi.org/10.1016/j.cec.2022.100001 https://doi.org/10.1016/j.envsci.2013.11.007 86 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) things like waste and managing human resources to gain community welfare and capacity building.51 additionally, there is a circular economy that is embedded in the system of waste banks operated by the two selected organizations in this research. it can be proved by the economic activities of the waste bank in recycling waste into valuable things such as handicrafts and compost.52 world economic forum (2014) further sees the concept of the circular economy as something that is rapidly capturing attention as a way of decoupling growth from resource constraints. it can be explained that the business of waste banks operated by these local organizations opens ways to reconcile the viewpoint for growth and economic participation with that of environmental wisdom and equity.53 by referring to the research findings, from the activities using the system of the waste bank, bintang sejahtera and ntb mandiri have preserved the environment. it is evident that lots of waste are managed sustainably. for example, the people who previously are not registered as the member of the waste bank, they usually dispose of their waste inappropriately such as throwing into the river. by using the waste bank system to improve the community motivation to eliminate waste properly, bintang sejahtera and ntb mandiri have indeed reduced the environmental pollution which can damage the valuable ecosystem in lombok. another part that may be interesting from such a good practice of the operation of waste banks generated by ntb mandiri and bintang sejahtera in lombok is the principal to sustain the business by engaging with the entrepreneurs and tourism actors in lombok. they work in partnership to deal with the management of waste appropriately. for example, waste resulted from hotels in lombok will be managed by using the system of recycling generated by both organisations.54 overall, the operation of waste bank driven by ntb mandiri and bintang sejahtera seems not accommodate all segments over the regions in lombok. however, their existence in managing waste by using waste bank system has been able to response the local needs, while at the same time the operation of waste banks has contributed to the environmental preservation. the model of sustainable waste management which should be able to fulfil three aspects of sustainability encompassing environmentally effective, economically affordable and socially 51 jakub kronenberg and others, ‘corrigendum to wasting collaboration potential: a study in urban green space governance in a post-transition country environmental science & policy volume 62, august 2016, pages 69-78 (s1462901115300216) (10.1016/j.envsci.2015.06.018))’, environmental science and policy, 85 (2018), 193 https://doi.org/10.1016/j.envsci.2018.05.010 52 mahesh patankar, anand patwardhan, and geert verbong, ‘a promising niche: waste to energy project in the indian dairy sector’, environmental science and policy, 13.4 (2010), 282–90 https://doi.org/10.1016/j.envsci.2010.04.003 53 pascale hofmann, ‘wasted waste-disappearing reuse at the peri-urban interface’, environmental science and policy, 31.2006 (2013), 13–22 <https://doi.org/10.1016/j.envsci.2013.03.011>. 54 bruna grizzetti and others, ‘the contribution of food waste to global and european nitrogen pollution’, environmental science and policy, 33 (2013), 186–95 https://doi.org/10.1016/j.envsci.2013.05.013 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.envsci.2018.05.010 https://doi.org/10.1016/j.envsci.2010.04.003 https://doi.org/10.1016/j.envsci.2013.05.013 issn 2807-2812 journal of human rights, culture and legal system 87 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) acceptable proposed by nilsson-djerf and mcdougall (2000) may be seen in the business of waste banks driven by the selected local community organizations in lombok.55 it is undeniable that the selected organizations have been succeeding in running their roles economically, socially and environmentally acceptable for the local communities in lombok. several aspects can be learnt from the operation of waste banks driven by the selected local community organizations in lombok. first, the waste banks operated by bintang sejahtera and ntb mandiri accept the marketable waste. from this point of view, the waste banks should accommodate every type of waste, for example, wet waste to be handled by using the waste bank system.56 second, regarding the financial performance of waste banks, it seems that these organizations should improve the market price of waste which based on the value of waste itself. it may be useful to raise the participation of locals to join as the customers of waste banks. lastly, it is noteworthy for these local communitydriven organizations to strengthen the role of local community leaders to coordinate with their residents in delivering programs regarding the waste concern. it may be helpful for the activities regarding current provided by these organizations to be operated effectively and efficiently.57 4. conclusion based on the elaboration towards the research findings and the analysis of this study, several factors influence the local community participation in sustainable waste management in lombok, indonesia. first, it is notable that the socioeconomic characteristics of the communities including age, gender, level of education and status of work can be considered as the influencing factor of the participation in sustainable waste management in lombok. however, it is not that significant in changing communities’ current behavior in disposing of waste and household separation. second, some factors including the lack of waste facilities, the lack of sustainable programs and leadership roles contribute to the substantial effect on the participation of local communities in sustainable waste management in lombok. regarding the aspect of waste bank, there are few things become something important to be learned from the operation of waste banks driven by the two selected organizations, nameley bintang sejahtera and ntb mandri. in 55 dennis victor and p. agamuthu, ‘strategic environmental assessment policy integration model for solid waste management in malaysia’, environmental science and policy, 33 (2013), 233–45 https://doi.org/10.1016/j.envsci.2013.06.008 56 m. agovino, m. casaccia, and a. crociata, ‘the impact of european regional development fund on separate waste collection: evidence from italian regions’, environmental science and policy, 61.july 1975 (2016), 97–107 https://doi.org/10.1016/j.envsci.2016.04.001 57 a. c. skeldon and others, ‘agent-based modelling to predict policy outcomes: a food waste recycling example’, environmental science and policy, 87.june (2018), 85–91 https://doi.org/10.1016/j.envsci.2018.05.011 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.envsci.2013.06.008 https://doi.org/10.1016/j.envsci.2016.04.001 https://doi.org/10.1016/j.envsci.2018.05.011 88 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) general, these organizations have achieved the sustainability aspects that can be seen from the functions of waste bank covering the environment, economy and society. it can be said that besides the principal function of operating waste banks is to increase the public participation in waste management. these organizations have been successfully running the business to provide the local communities with the socioeconomic benefits, while at the same time, they have preserved environment from the waste pollution. even so, there is a need to improve the financial performance and the more collaboration with relevant stakeholders. references agovino, m., m. casaccia, and a. crociata, ‘the impact of european regional development fund on separate waste collection: evidence from italian regions’, environmental science and policy, 61.july 1975 (2016), 97–107 https://doi.org/10.1016/j.envsci.2016.04.001 agrawal, rohit, vishal a. wankhede, anil kumar, sunil luthra, and donald huisingh, ‘big data analytics and sustainable tourism: a comprehensive review and network based analysis for potential future research’, international journal of information management data insights, 2.2 (2022), 100122 https://doi.org/10.1016/j.jjimei.2022.100122 ahmad, najid, liu youjin, and mouna hdia, ‘the role of innovation and tourism in sustainability: why is environment-friendly tourism necessary for entrepreneurship?’, journal of cleaner production, 379.p2 (2022), 134799 https://doi.org/10.1016/j.jclepro.2022.134799 apak, ömer ceyhun, and ahmet gürbüz, ‘the effect of local food consumption of domestic tourists on sustainable tourism’, journal of retailing and consumer services, 71.november 2022 (2023) https://doi.org/10.1016/j.jretconser.2022.103192 ardra, saurabh, and mukesh kumar barua, ‘halving food waste generation by 2030: the challenges and strategies of monitoring un sustainable development goal target 12.3’, journal of cleaner production, 380.p1 (2022), 135042 https://doi.org/10.1016/j.jclepro.2022.135042 balas, martin, and david j. abson, ‘characterising and identifying gaps in sustainability assessments of tourism a review’, tourism management perspectives, 43.january (2022), 101004 https://doi.org/10.1016/j.tmp.2022.101004 bénard, fiona, and bruno malet-damour, ‘assessing potential of plastic waste management policies for territories sustainability: case study of reunion island’, world development sustainability, 1.march (2022), 100030 https://doi.org/10.1016/j.wds.2022.100030 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.envsci.2016.04.001 https://doi.org/10.1016/j.jjimei.2022.100122 https://doi.org/10.1016/j.jclepro.2022.134799 https://doi.org/10.1016/j.jretconser.2022.103192 https://doi.org/10.1016/j.jclepro.2022.135042 https://doi.org/10.1016/j.tmp.2022.101004 https://doi.org/10.1016/j.wds.2022.100030 issn 2807-2812 journal of human rights, culture and legal system 89 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) bertella, giovanna, ‘small tourism providers’ stories about sustainability’, annals of tourism research empirical insights, 4.1 (2023), 100085 https://doi.org/10.1016/j.annale.2022.100085 blancas, francisco javier, ignacio contreras, and macarena lozano-oyola, ‘evaluating destinations’ efforts to improve sustainability in tourism using the inter-temporal decomposition of a composite indicator’, environmental impact assessment review, 98.september 2022 (2023), 106947 https://doi.org/10.1016/j.eiar.2022.106947 blancas, francisco javier, and macarena lozano-oyola, ‘sustainable tourism evaluation using a composite indicator with different compensatory levels’, environmental impact assessment review, 93.december 2021 (2022), 106733 https://doi.org/10.1016/j.eiar.2021.106733 brown, zachary s., and nick johnstone, ‘better the devil you throw: experience and support for pay-as-you-throw waste charges’, environmental science and policy, 38 (2014), 132–42 https://doi.org/10.1016/j.envsci.2013.11.007 burbano, diana v., juan carlos valdivieso, juan carlos izurieta, thomas c. meredith, and diego quiroga ferri, ‘“rethink and reset” tourism in the galapagos islands: stakeholders’ views on the sustainability of tourism development’, annals of tourism research empirical insights, 3.2 (2022), 100057 https://doi.org/10.1016/j.annale.2022.100057 calderón-vargas, f., d. asmat-campos, and p. chávez-arroyo, ‘sustainable tourism policies in peru and their link with renewable energy: analysis in the main museums of the moche route’, heliyon, 7.10 (2021) https://doi.org/10.1016/j.heliyon.2021.e08188 carbonell, lucila, pascale hofmann, nevana srikissoon, luiza c. campos, sandile mbatha, monica lakhanpaul, and others, ‘localisation of links between sanitation and the sustainable development goals to inform municipal policy in ethekwini municipality, south africa’, world development sustainability, 2.march 2022 (2023), 100038 https://doi.org/10.1016/j.wds.2022.100038 castellani, pietro, navarro ferronato, and vincenzo torretta, ‘setting priorities to achieve sustainable development goals through appropriate waste management systems in uganda’, environmental development, 44.may (2022), 100764 https://doi.org/10.1016/j.envdev.2022.100764 chi, yuan, and dahai liu, ‘measuring the island tourism development sustainability at dual spatial scales using a four-dimensional model: a case study of shengsi archipelago, china’, journal of cleaner production, 388.6 (2023), 135775 https://doi.org/10.1016/j.jclepro.2022.135775 chica, manuel, juan m. hernández, and matjaž perc, ‘sustainability in tourism https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.annale.2022.100085 https://doi.org/10.1016/j.eiar.2022.106947 https://doi.org/10.1016/j.eiar.2021.106733 https://doi.org/10.1016/j.envsci.2013.11.007 https://doi.org/10.1016/j.annale.2022.100057 https://doi.org/10.1016/j.heliyon.2021.e08188 https://doi.org/10.1016/j.wds.2022.100038 https://doi.org/10.1016/j.envdev.2022.100764 https://doi.org/10.1016/j.jclepro.2022.135775 90 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) determined by an asymmetric game with mobility’, journal of cleaner production, 355.december 2021 (2022), 131662 https://doi.org/10.1016/j.jclepro.2022.131662 cudjoe, dan, bangzhu zhu, and hong wang, ‘towards the realization of sustainable development goals: benefits of hydrogen from biogas using food waste in china’, journal of cleaner production, 360.may 2021 (2022), 132161 https://doi.org/10.1016/j.jclepro.2022.132161 d’adamo, idiano, massimiliano mazzanti, piergiuseppe morone, and paolo rosa, ‘assessing the relation between waste management policies and circular economy goals’, waste management, 154.september (2022), 27–35 https://doi.org/10.1016/j.wasman.2022.09.031 depczynski, radoslaw, ‘the assessment of product groups and efficiency in the use of raw materials and waste management towards sustainable development case study of the steel manufacturing company in poland’, procedia computer science, 207.kes (2022), 4306–17 https://doi.org/10.1016/j.procs.2022.09.494 diallo, mbaye fall, fatou diop-sall, erick leroux, and marc antoine vachon, ‘how do tourism sustainability and nature affinity affect social engagement propensity? the central roles of nature conservation attitude and personal tourist experience’, ecological economics, 200.may (2022), 107503 https://doi.org/10.1016/j.ecolecon.2022.107503 erol, ismail, irem onder neuhofer, tarik dogru (dr. true), ahmet oztel, cory searcy, and ali c. yorulmaz, ‘improving sustainability in the tourism industry through blockchain technology: challenges and opportunities’, tourism management, 93.march (2022), 104628 https://doi.org/10.1016/j.tourman.2022.104628 fatma ulfatun najicha, lego karjoko, i gusti ayu ketut rachmi handayania, rosita chandrakirana, and dian furqani tenrilawa, ‘the conceptualization of environmental administration law in environmental pollution control’, journal of human rights, culture and legal system, 2.2 (2022), 87–99 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 grizzetti, bruna, ugo pretato, luis lassaletta, gilles billen, and josette garnier, ‘the contribution of food waste to global and european nitrogen pollution’, environmental science and policy, 33 (2013), 186–95 https://doi.org/10.1016/j.envsci.2013.05.013 gusheva, ema, vladimir gjorgievski, teodora obradovic grncarovska, and natasa markovska, ‘how do waste climate policies contribute to sustainable development? a case study of north macedonia’, journal of cleaner production, 354.december 2021 (2022), 131572 https://doi.org/10.1016/j.jclepro.2022.131572 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jclepro.2022.131662 https://doi.org/10.1016/j.jclepro.2022.132161 https://doi.org/10.1016/j.wasman.2022.09.031 https://doi.org/10.1016/j.procs.2022.09.494 https://doi.org/10.1016/j.ecolecon.2022.107503 https://doi.org/10.1016/j.tourman.2022.104628 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 https://doi.org/10.1016/j.envsci.2013.05.013 https://doi.org/10.1016/j.jclepro.2022.131572 issn 2807-2812 journal of human rights, culture and legal system 91 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) halkos, george e., and panagiotis stavros c. aslanidis, ‘new circular economy perspectives on measuring sustainable waste management productivity’, economic analysis and policy, 77 (2023), 764–79 https://doi.org/10.1016/j.eap.2023.01.001 hidayat, taufik, resti dian, and suviwat jenvitchuwong, ‘disharmonization of supreme court regulations in material judicial rights’, journal of human rights, culture and legal system, 2.3 (2022), 149–66 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.34 hofmann, pascale, ‘wasted waste-disappearing reuse at the peri-urban interface’, environmental science and policy, 31.2006 (2013), 13–22 https://doi.org/10.1016/j.envsci.2013.03.011 huang, zhuowei, lisheng weng, and jigang bao, ‘how do visitors respond to sustainable tourism interpretations? a further investigation into content and media format’, tourism management, 92.march (2022), 104535 https://doi.org/10.1016/j.tourman.2022.104535 jaelani, abdul kadir, and muhammad jihadul hayat, ‘the proliferation of regional regulation cancellation in indonesia’, journal of human rights, culture and legal system, 2.2 (2022), 121–38 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 jamin, mohammad, and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 khairul akter, maeen md, upama nasrin haq, md mazedul islam, and mohammad abbas uddin, ‘textile-apparel manufacturing and material waste management in the circular economy: a conceptual model to achieve sustainable development goal (sdg) 12 for bangladesh’, cleaner environmental systems, 4.january (2022), 100070 https://doi.org/10.1016/j.cesys.2022.100070 khajuria, anupam, vella a. atienza, suchana chavanich, wilts henning, ishrat islam, ulrich kral, and others, ‘accelerating circular economy solutions to achieve the 2030 agenda for sustainable development goals’, circular economy, 1.1 (2022), 100001 https://doi.org/10.1016/j.cec.2022.100001 kronenberg, jakub, agata pietrzyk-kaszyńska, anita zbieg, and błażej żak, ‘corrigendum to wasting collaboration potential: a study in urban green space governance in a post-transition country environmental science & policy volume 62, august 2016, pages 69-78 (s1462901115300216) (10.1016/j.envsci.2015.06.018))’, environmental science and policy, 85 (2018), 193 https://doi.org/10.1016/j.envsci.2018.05.010 kumar, vikas, ekta singh, shivani singh, ashok pandey, and preeti chaturvedi https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.eap.2023.01.001 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.34 https://doi.org/10.1016/j.envsci.2013.03.011 https://doi.org/10.1016/j.tourman.2022.104535 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/10.1016/j.cesys.2022.100070 https://doi.org/10.1016/j.cec.2022.100001 https://doi.org/10.1016/j.envsci.2018.05.010 92 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) bhargava, ‘microand nano-plastics (mnps) as emerging pollutant in ground water: environmental impact, potential risks, limitations and way forward towards sustainable management’, chemical engineering journal, 459.january (2023), 141568 https://doi.org/10.1016/j.cej.2023.141568 madurai elavarasan, rajvikram, mithulananthan nadarajah, rishi pugazhendhi, avik sinha, sivasankar gangatharan, david chiaramonti, and others, ‘the untold subtlety of energy consumption and its influence on policy drive towards sustainable development goal 7’, applied energy, 334.january (2023), 120698 https://doi.org/10.1016/j.apenergy.2023.120698 mak, tiffany m.w., xinni xiong, daniel c.w. tsang, iris k.m. yu, and chi sun poon, ‘sustainable food waste management towards circular bioeconomy: policy review, limitations and opportunities’, bioresource technology, 297.november 2019 (2020) https://doi.org/10.1016/j.biortech.2019.122497 mallick, suraj k., malay pramanik, biswajit maity, pritiranjan das, and mehebub sahana, ‘plastic waste footprint in the context of covid-19: reduction challenges and policy recommendations towards sustainable development goals’, science of the total environment, 796 (2021), 148951 https://doi.org/10.1016/j.scitotenv.2021.148951 melo, sonia rebouças silva, minelle e. silva, francisco vicente sales melo, and tan vo-thanh, ‘the practice of (un)sustainable tourism in a national park: an empirical study focusing on structural elements’, journal of outdoor recreation and tourism, 39.may (2022), 100548 https://doi.org/10.1016/j.jort.2022.100548 nguyen, thi quynh trang, patricia johnson, and tamara young, ‘networking, coopetition and sustainability of tourism destinations’, journal of hospitality and tourism management, 50.june 2021 (2022), 400–411 https://doi.org/10.1016/j.jhtm.2022.01.003 park, chang yeon, so jung lee, choong ki lee, and yvette reisinger, ‘volunteer tourists’ environmentally friendly behavior and support for sustainable tourism development using value-belief-norm theory: moderating role of altruism’, journal of destination marketing and management, 25.may (2022), 100712 https://doi.org/10.1016/j.jdmm.2022.100712 patankar, mahesh, anand patwardhan, and geert verbong, ‘a promising niche: waste to energy project in the indian dairy sector’, environmental science and policy, 13.4 (2010), 282–90 https://doi.org/10.1016/j.envsci.2010.04.003 razip, marym mohamad, k. s. savita, khairul shafee kalid, mohammad nazir ahmad, maryam zaffar, eidia erriany abdul rahim, and others, ‘the development of sustainable iot e-waste management guideline for households’, chemosphere, 303.p1 (2022), 134767 https://doi.org/10.1016/j.chemosphere.2022.134767 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.cej.2023.141568 https://doi.org/10.1016/j.apenergy.2023.120698 https://doi.org/10.1016/j.biortech.2019.122497 https://doi.org/10.1016/j.scitotenv.2021.148951 https://doi.org/10.1016/j.jort.2022.100548 https://doi.org/10.1016/j.jhtm.2022.01.003 https://doi.org/10.1016/j.jdmm.2022.100712 https://doi.org/10.1016/j.envsci.2010.04.003 https://doi.org/10.1016/j.chemosphere.2022.134767 issn 2807-2812 journal of human rights, culture and legal system 93 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) rongna, a., and jiuxia sun, ‘tourism livelihood transition and rhythmic sustainability: the case of the reindeer evenki in china’, annals of tourism research, 94.135 (2022), 103381 https://doi.org/10.1016/j.annals.2022.103381 saputra, rian, m zaid, and silaas oghenemaro, ‘the court online content moderation : a constitutional framework’, journal of human rights, culture and legal system, 2.3 (2022), 139–48 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.54 schönherr, sarah, mike peters, and kir kuščer, ‘sustainable tourism policies: from crisis-related awareness to agendas towards measures’, journal of destination marketing & management, 27.january (2023), 100762 https://doi.org/10.1016/j.jdmm.2023.100762 shokri garjan, hossein, mohammad mahdi paydar, and ali divsalar, ‘a sustainable supply chain for a wellness tourism center considering discount and quality of service’, expert systems with applications, 211.may 2022 (2023), 118682 https://doi.org/10.1016/j.eswa.2022.118682 skeldon, a. c., f. schiller, a. yang, t. balke-visser, a. penn, and n. gilbert, ‘agent-based modelling to predict policy outcomes: a food waste recycling example’, environmental science and policy, 87.june (2018), 85–91 https://doi.org/10.1016/j.envsci.2018.05.011 sofi, arfat ahmad, mohammad younus bhat, laraib ahmad, ruhi refath aara, and r. s. aswani, ‘renewable energy and transitioning towards sustainable tourism: inferences from kernel density and nonparametric approach’, renewable energy, 193 (2022), 963–75 https://doi.org/10.1016/j.renene.2022.04.132 some, shreya, joyashree roy, joyee shairee chatterjee, and m. huzaifa butt, ‘low demand mitigation options for achieving sustainable development goals: role of reduced food waste and sustainable dietary choice’, journal of cleaner production, 369.october 2021 (2022), 133432 https://doi.org/10.1016/j.jclepro.2022.133432 soni, ashish, pankaj kumar das, abdul wahab hashmi, mohammad yusuf, hesam kamyab, and shreeshivadasan chelliapan, ‘challenges and opportunities of utilizing municipal solid waste as alternative building materials for sustainable development goals: a review’, sustainable chemistry and pharmacy, 27.april (2022), 100706 https://doi.org/10.1016/j.scp.2022.100706 upadhyay, saurabh, ‘drivers for sustainable mining waste management – a mixed-method study on the indian mining industry’, resources policy, 79.december 2021 (2022), 102904 https://doi.org/10.1016/j.resourpol.2022.102904 victor, dennis, and p. agamuthu, ‘strategic environmental assessment policy integration model for solid waste management in malaysia’, environmental https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.annals.2022.103381 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.54 https://doi.org/10.1016/j.jdmm.2023.100762 https://doi.org/10.1016/j.eswa.2022.118682 https://doi.org/10.1016/j.envsci.2018.05.011 https://doi.org/10.1016/j.renene.2022.04.132 https://doi.org/10.1016/j.jclepro.2022.133432 https://doi.org/10.1016/j.scp.2022.100706 https://doi.org/10.1016/j.resourpol.2022.102904 94 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 70-94 budiman, et.al, (the policy of sustainable waste …) science and policy, 33 (2013), 233–45 https://doi.org/10.1016/j.envsci.2013.06.008 villalba ferreira, mario, geske dijkstra, peter scholten, and dolores sucozhañay, ‘the effectiveness of inter-municipal cooperation for integrated sustainable waste management: a case study in ecuador’, waste management, 150.january (2022), 208–17 https://doi.org/10.1016/j.wasman.2022.07.008 xu, aoqi, seyed abdolhassan johari, amir hossein khademolomoom, mohsen tavakoli khabaz, rajabov sherzod umurzoqovich, saeed hosseini, and others, ‘investigation of management of international education considering sustainable medical tourism and entrepreneurship’, heliyon, 9.1 (2023), e12691 https://doi.org/10.1016/j.heliyon.2022.e12691 ye, qing, qasim umer, rongting zhou, amna asmi, and fahad asmi, ‘how publications and patents are contributing to the development of municipal solid waste management: viewing the un sustainable development goals as ground zero’, journal of environmental management, 325.pb (2023), 116496 https://doi.org/10.1016/j.jenvman.2022.116496 zhao, xue, chengyuan xie, lu huang, yaru wang, and tongyun han, ‘how digitalization promotes the sustainable integration of culture and tourism for economic recovery’, economic analysis and policy, 77 (2023), 988–1000 https://doi.org/10.1016/j.eap.2023.01.005 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.envsci.2013.06.008 https://doi.org/10.1016/j.wasman.2022.07.008 https://doi.org/10.1016/j.heliyon.2022.e12691 https://doi.org/10.1016/j.jenvman.2022.116496 https://doi.org/10.1016/j.eap.2023.01.005 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 361 https://doi.org/10.53955/jhcls.v3i2.110 journalhumanrightslegalsystem@gmail.com the shaping of future sustainable energy policy in management areas of indonesia's energy transition fatma ulfatun najicha a*, mukhlishin b , supiandi c , saparwadi d, dinil abrar sulthani e a faculty of law, universitas sebelas maret, surakarta, indonesia. b universitas muhammadiyah mataram, mataram, indonesia. c universitas nahdlatul ulama nusa tenggara barat, mataram, indonesia. d faculty of shariah, institut elkatarie, mataram, indonesia. e marmara university, istanbul, turki. * corresponding author: fatmanajicha_law@staff.uns.ac.id 1. introduction energy transition refers to the shift from traditional energy sources (i.e., fossil fuels) to a system dependent on renewable energy. such a transition reduces reliance on conventional energy sources; consequently, it is crucial for climate resilience and long-term prosperity.1 the term "energy transition" refers to the 1 sidhartha harichandan and others, ‘energy transition research: a bibliometric mapping of current findings and direction for future research’, cleaner production letters, 3 (2022), 100026 https://doi.org/10.1016/j.clpl.2022.100026 a r t i c l e i n f o a b s t r a c t article history received: february 19, 2023 revised: july 10, 2023 accepted: july 11, 2023 modifications to energy management models have made them more adaptable and dynamic, with intelligent monitoring and control of energy production, distribution, storage, and consumption. however, the management paradigm has not yet been optimally implemented, given that fossil fuels account for 73% of all greenhouse gas (ghg) emissions in the energy sector. the purpose of this study was to find out the policy of management area in energy transition toward sustainable development. this was normative legal research employing the statutory approach, the fact approach, and the case approach. the results indicate that a global energy transition will have a positive effect on the future stability and development of economies worldwide. therefore, the green investment promotion for renewable energy has acquired prominence in recent years and is now at the forefront of global efforts to reform the energy sector. in addition, the harmonization of legislation and technical requirements is highlighted as a requirement for achieving this objective. this is an open-access article under the cc–by 4.0 license keywords energy transition; indonesia; policy; sustainable development; https://doi.org/10.53955/jhcls.v3i2.110 mailto:journalhumanrightslegalsystem@gmail.com mailto:fatmanajicha_law@staff.uns.ac.id https://doi.org/10.1016/j.clpl.2022.100026 https://creativecommons.org/licenses/by/4.0/ 362 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) transition from fossil-based energy systems, such as coal, oil, and natural gas, to renewable-based energy systems, such as solar, wind, biodiesel, hydrogen, and others. today, fossil fuels account for 73% of all greenhouse gas (ghg) emissions from the energy sector.2 the empirical findings corroborate the significance of inter-regional trade among south asian economies to increase the proportion and output of clean energy consumption, thereby confirming a sustainable ecological solution. afshan et al. investigate the oecd economies in terms of the role of the energy transition, ecological innovations, and environmental policy in relation to european financing partners (efp). the findings indicate that eco-innovation and energy transition promote ecological sustainability while reducing efp.3 sdg7 is directly related to sdg13, which is concerned with climate action.4 similar to other regional economies, the european union (eu)1 has outlined a vision for energy transition that prioritizes energy efficiency while transitioning to a clean energy system.5 in addition, the necessity of the transition to a low-carbon economy is currently a fiercely debated topic in which numerous economies have a keen interest. eliminating fossil fuels from energy production is one of the best methods to reduce environmental footprints and global emissions. although the phrase global energy transition is in its infancy, renewable energy sources can contribute to 90% of the carbon reduction. under the sdgs and cop26 agendas, the terms energy transition, technology, and low carbon emissions have become of great interest to governments and policymakers.6 renewable energy technologies and decentralized systems were utilized to lessen the impact of traditional energy sources. solar energy, river runoff hydroelectric, wind farms, and information technologies were able to steer industrialized nations toward a low-carbon economy.7 social, environmental, and 2 qiwen xia and others, ‘drivers of global and national co 2 emissions changes 2000–2017’, climate policy, 21.5 (2021), 604–15 https://doi.org/10.1080/14693062.2020.1864267 3 sahar afshan, ilhan ozturk, and tanzeela yaqoob, ‘facilitating renewable energy transition, ecological innovations and stringent environmental policies to improve ecological sustainability: evidence from mm-qr method’, renewable energy, 196 (2022), 151–60 https://doi.org/10.1016/j.renene.2022.06.125 4 rajvikram madurai elavarasan and others, ‘envisioning the un sustainable development goals (sdgs) through the lens of energy sustainability (sdg 7) in the post-covid-19 world’, applied energy, 292 (2021), 116665 https://doi.org/10.1016/j.apenergy.2021.116665 5 jie chen, shoujun huang, and hafiz waqas kamran, ‘empowering sustainability practices through energy transition for sustainable development goal 7: the role of energy patents and natural resources among european union economies through advanced panel’, energy policy, 176 (2023), 113499 https://doi.org/10.1016/j.enpol.2023.113499 6 panayiotis tzeremes, eyup dogan, and nooshin karimi alavijeh, ‘analyzing the nexus between energy transition, environment and ict: a step towards cop26 targets’, journal of environmental management, 326 (2023), 116598 https://doi.org/10.1016/j.jenvman.2022.116598 7 lanouar charfeddine and montassar kahia, ‘do information and communication technology and renewable energy use matter for carbon dioxide emissions reduction? evidence from the middle east and north africa region’, journal of cleaner production, 327 (2021), 129410 https://doi.org/10.1016/j.jclepro.2021.129410 https://doi.org/10.1080/14693062.2020.1864267 https://doi.org/10.1016/j.renene.2022.06.125 https://doi.org/10.1016/j.apenergy.2021.116665 https://doi.org/10.1016/j.enpol.2023.113499 https://doi.org/10.1016/j.jenvman.2022.116598 https://doi.org/10.1016/j.jclepro.2021.129410 issn 2807-2812 journal of human rights, culture and legal system 363 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) economic dimensions serve as the foundation for defining sustainable development. as the world moves toward a liberalized and open market, numerous institutions have collaborated to advance energy democracy. in contrast, scientific and higher education institutions are not at the forefront of production because they struggle to fathom the practical issues involved in the manufacturing process. as the majority of scientific institutions rely on funding from corporations and the government, they have a strong incentive to pursue earning and proficiency in addressing and resolving practical issues. in terms of solving practical ecological problems, therefore, the epts of such institutions have less value than those of scientific institutions and businesses. in addition, the existing literature has demonstrated a greater interest in investigating the role of renewable energy and technological innovations in environmental issues such as cem.8 there are numerous mechanisms worldwide for promoting the energy transition (particularly for advancing the development of renewable energy). since the issue of clean energy consumption has already been thoroughly accounted for in the design process of power markets, a number of experienced nations are optimistic about the electric power market design.9 this issue presents the most recent findings in energy planning research and is a special issue from the 5th annual conference of the portuguese association of energy economics in 2021 and the 2020 sustainable development of energy, waste, and environmental systems conference series. this study investigates the effects of the european emissions trading system on innovation and the growth of the chinese wind power industry. women have a more positive attitude towards renewable energy technologies than males do, according to an analysis of university students in portugal. energy plan-based analyses of energy systems in iran and serbia are presented, and various indicators for energy system analyses in mexico are discussed. the article discusses marine energy developments in columbia, the united kingdom, canada, and denmark with an emphasis on siting and obstacles. in addition, obstacles to the use of solar energy in indonesia and obstacles to energy conservation in nigeria are investigated.10 the transition to renewable energy may be advantageous for one community and detrimental for another. therefore, the policy devised for a 8 yi su and qi-ming fan, ‘renewable energy technology innovation, industrial structure upgrading and green development from the perspective of china’s provinces’, technological forecasting and social change, 180 (2022), 121727 https://doi.org/10.1016/j.techfore.2022.121727 9 liu pingkuo, gao pengbo, and zhang chen, ‘how to promote energy transition with market design: a review on china’s electric power sector’, frontiers in energy research, 9 (2021) https://doi.org/10.3389/fenrg.2021.709272 10 duić n. seixasa júlia, stergaardb poul alberg, johannsenb rasmus magni, ‘energy transition and sustainability’, international journal of sustainable energy planning and management, 32 (2021), 1– 4 https://doi.org/https://doi.org/10.5278/ijsepm.6850 https://doi.org/10.1016/j.techfore.2022.121727 https://doi.org/10.3389/fenrg.2021.709272 https://doi.org/https:/doi.org/10.5278/ijsepm.6850 364 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) transition to a cleaner energy source must be equitable and justiciable for all social communities.11 however, successful implementation and a just energy transition require the combination of technological solutions with more open decision making based on solid analysis, engineering, and social science knowledge.12 researchers from various academic disciplines (social science, renewable energy, economics, political science, humanities, and public policy) have participated in energy transition research. due to the multidisciplinary nature of energy transition, the term 'big literature' was recently coined to emphasize the difficulties associated with assimilating and analyzing the literature on this topic. traditional systematic evaluations have assimilated a substantial portion of the scientific literature when describing existing studies and have produced significant findings. 'big literature' poses a significant threat to conventional literary evaluations, as this literature has grown exponentially. to achieve its national clean energy production objectives, a nation may contemplate a combination of energy transition strategies. transitioning any developing nation from its traditional techno-economic approach to "equity-inclusivity" necessitates paradigm shifts.13 2. research method this study employs the statutory approach, the concept approach, the fact approach, and the case approach in order to conduct normative legal research. in an effort to accomplish sustainable development objectives, the legal approach is used to comprehend concepts related to energy transition policies. while the case study method is employed to investigate and resolve problems in real-world contexts. this investigation's findings are descriptive in nature. primary data sources are secondary data sources derived from a literature review. the collected data was then analyzed qualitatively and descriptively.14 we provide an overview of academic research on the various forms of energy transition based on past analytical findings. the objective is to map the emergent energy transition research trend. the fact that citations reflect the connections scientists have made between 11 william f lamb and others, ‘a review of trends and drivers of greenhouse gas emissions by sector from 1990 to 2018’, environmental research letters, 16.7 (2021), 073005 https://doi.org/10.1088/1748-9326/abee4e 12 christina e. hoicka and others, ‘implementing a just renewable energy transition: policy advice for transposing the new european rules for renewable energy communities’, energy policy, 156 (2021), 112435 https://doi.org/10.1016/j.enpol.2021.112435 13 alwin long and others, ‘enhancing sustainable development via low carbon energy transition approaches’, journal of cleaner production, 379 (2022), 134678 https://doi.org/10.1016/j.jclepro.2022.134678 14 abdul kadir jaelani and resti dian luthviati, ‘the crime of damage after the constitutional court’s decision number 76/puu-xv/2017’, journal of human rights, culture and legal system, 1.1 (2021) https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.1088/1748-9326/abee4e https://doi.org/10.1016/j.enpol.2021.112435 https://doi.org/10.1016/j.jclepro.2022.134678 https://doi.org/10.53955/jhcls.v1i1.5 issn 2807-2812 journal of human rights, culture and legal system 365 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) their works inspired us to employ citation analysis.15 by compiling a map of scholastic publications on energy transition, this study seeks to produce useful findings for the research community working on renewable and cleaner energy transition strategies. 3. results and discussion the shaping of future sustainable energy policy the issue of rising global emissions compels policymakers to alter the pattern of economic expansion. this economic expansion is primarily fueled by the consumption of fossil fuel-based energy sources. the climate change is caused by the oxidation of fossil fuel-based energy solutions, which generate carbon dioxide and other greenhouse gas emissions. this global issue necessitates a radical shift in the economic growth drivers, particularly the pattern of energy consumption.16 the international energy agency's premier report, net zero by 2050, discusses the benefits of embracing energy transition. during the cop26 summit, the international labor organization also discussed the potential benefits of energy transition while discussing the just transition process. therefore, it may be safe to infer that global policymakers must implement an energy transition in order to achieve the sdgs. the energy sector is undergoing a technological transition towards the enormous incorporation of new computing technologies to assist with operational, management, and commercialization duties, thereby transforming into cloudbased energy environments or energy cloud (ec).17 ec is a management trend that takes into account all energy-related activities.18 it is now evident that both policymaking and planning must promote the energy transition by tying its spatial dimensions to the sustainable development of territories. understanding the spatial and functional dimensions of urban and rural land-use is essential for shaping the energy transition, and should be the focal point of devising incremental and adaptable place-based policies for net-zero energy communities.19 15 pedro augusto bertucci lima and enzo barberio mariano, ‘eudaimonia in the relationship between human and nature: a systematic literature review’, cleaner production letters, 2 (2022), 100007 https://doi.org/10.1016/j.clpl.2022.100007 16 avik sinha and others, ‘how social imbalance and governance quality shape policy directives for energy transition in the oecd countries?’, energy economics, 120 (2023), 106642 https://doi.org/10.1016/j.eneco.2023.106642 17 jones luís schaefer and others, ‘a framework for diagnosis and management of development and implementation of cloud-based energy communities energy cloud communities’, energy, 276 (2023), 127420 https://doi.org/10.1016/j.energy.2023.127420 18 patrícia stefan carvalho and others, ‘proposal for a new layer for energy cloud management: the regulatory layer’, international journal of energy research, 45.7 (2021), 9780–99 https://doi.org/10.1002/er.6507 19 francesca poggi, ana firmino, and miguel amado, ‘shaping energy transition at municipal scale: a net-zero energy scenario-based approach’, land use policy, 99 (2020), 104955 https://doi.org/10.1016/j.landusepol.2020.104955 https://doi.org/10.1016/j.clpl.2022.100007 https://doi.org/10.1016/j.eneco.2023.106642 https://doi.org/10.1016/j.energy.2023.127420 https://doi.org/10.1002/er.6507 https://doi.org/10.1016/j.landusepol.2020.104955 366 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) models of energy management have been modified to make them more adaptable and dynamic, with intelligent monitoring and control of production, distribution, storage, and energy consumption. this new approach to energy management combines energy systems with information and communication technology.20 in this way, computational technologies such as cloud computing and the internet of things are currently being integrated to allow all production and energy consumption devices to be connected, thereby enhancing operational visibility and delivering real leverage at each stage of the energy flow, from generation to end-user.21 future energy business models can be developed in the form of peer-to-peer energy trading communities in which users can exchange energy. thus, the evolution of digitization and decentralization of energy systems will occur via the establishment of decentralized service-oriented structures, crossborder interactions for profound flexibility, and a cooperative engagement of participants in a user-centric multi-level energy market22. thus, these new energy business models can provide opportunities for businesses from a variety of industries, whether in the development and implementation of technological solutions or the provision of new and differentiated services across the complete energy sector logistics chain.23 however, the evolution of energy systems and the management of these systems presents a number of challenges; consequently, the utilization of data and information for decision-making becomes essential. energy consumption, security issues, and interoperability and connectivity issues are the primary obstacles to the integration of smart solutions into energy management systems.24 derived from the conceptual framework, the framework for the diagnosis and management of the development and implementation of eccs comprises the following levels: framework inputs, evaluation of the criticality levels of eccs projects, and evaluation of performance objectives. 20 oussama laayati, mostafa bouzi, and ahmed chebak, ‘smart energy management: energy consumption metering, monitoring and prediction for mining industry’, in 2020 ieee 2nd international conference on electronics, control, optimization and computer science (icecocs) (ieee, 2020), pp. 1–5 https://doi.org/10.1109/icecocs50124.2020.9314532 21 tanveer ahmad and dongdong zhang, ‘using the internet of things in smart energy systems and networks’, sustainable cities and society, 68 (2021), 102783 https://doi.org/10.1016/j.scs.2021.102783 22 mahdi karami and reinhard madlener, ‘business models for peer-to-peer energy trading in germany based on households’ beliefs and preferences’, applied energy, 306 (2022), 118053 https://doi.org/10.1016/j.apenergy.2021.118053 23 ying wu and others, ‘decentralized transactive energy community in edge grid with positive buildings and interactive electric vehicles’, international journal of electrical power & energy systems, 135 (2022), 107510 https://doi.org/10.1016/j.ijepes.2021.107510 24 michael lanre adekanbi, ‘optimization and digitization of wind farms using internet of things’, international journal of energy research, 45.11 (2021), 15832–38 https://doi.org/10.1002/er.6942 https://doi.org/10.1109/icecocs50124.2020.9314532 https://doi.org/10.1016/j.scs.2021.102783 https://doi.org/10.1016/j.apenergy.2021.118053 https://doi.org/10.1016/j.ijepes.2021.107510 https://doi.org/10.1002/er.6942 issn 2807-2812 journal of human rights, culture and legal system 367 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) in the meantime, technological innovation as a form of knowledge promotes additional innovation, which is conducive to promoting the optimization of the regional economic structure and bolstering the vitality of regional green development.25 the necessity of energy transition for achieving the sustainable development goals can be discussed in light of sdgs 7 and 13. while energy transition can aid in achieving the goals of sustainable and affordable energy, the change in energy sources can aid in mitigating environmental degradation. the case for renewable energy has never been stronger as the topic of sustainable development continues to gain prominence in international affairs. renewable energy, such as solar and wind, has the potential to be viewed as an optimal alternative to conventional (nonrenewable) energy sources in many climates if grid parity is taken into account. numerous studies have been devoted to gaining an understanding of the concept.26 several countries have adopted renewable energy frameworks to support both local and regional incentives for energy transition. the policy covered the variance between the market energy price and the renewable energy price and was available to companies and non-profit organizations producing renewable energy from biomass, geothermal energy, water, wind, or the solar.27 as the energy sector becomes increasingly intertwined with economic development, social priorities, and environmental requirements, it is necessary to integrate social processes with technical and economic analyses of energy systems. the results indicate that a global energy transition will have a positive effect on the future stability and development of economies worldwide. in addition to reducing the negative environmental impacts of the energy sector, renewable power generation technologies are creating new wealth and becoming key employment creators for the 21st century. employment creation throughout the duration of the global energy transition is a crucial aspect to investigate, which could have global policy implications.28 the role of management areas of indonesia's energy transition to combat environmental degradation, nations throughout the world are implementing policies such as renewable energy, eco-innovation, green financing, etc. investment in renewable energy sources is essential for economic growth. a rise in investments in renewable energy within the development objectives has 25 su and fan. 26 temitope m. adeyemi-kayode and others, ‘a bibliometric review of grid parity, energy transition and electricity cost research for sustainable development’, heliyon, 9.5 (2023), e15532 https://doi.org/10.1016/j.heliyon.2023.e15532 27 sol maria halleck vega and nienke van twillert, ‘intra-country energy community developments: what are policy implications for the energy transition?’, energy strategy reviews, 48 (2023), 101112 https://doi.org/10.1016/j.esr.2023.101112 28 manish ram, arman aghahosseini, and christian breyer, ‘job creation during the global energy transition towards 100% renewable power system by 2050’, technological forecasting and social change, 151 (2020), 119682 https://doi.org/10.1016/j.techfore.2019.06.008 https://doi.org/10.1016/j.heliyon.2023.e15532 https://doi.org/10.1016/j.esr.2023.101112 https://doi.org/10.1016/j.techfore.2019.06.008 368 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) become the primary concern of nations.29 investment in renewable energy is negatively correlated with the volatility of natural resources. however, economic performance, technological advancement, and energy efficiency have a positive effect on renewable energy investment. therefore, the eu prioritizes renewable energy to accomplish sustainable development and mitigate the negative effects of climate change. academics and policymakers have identified factors, such as environmental assurance, consumer compression, and cost reduction, that accelerate investment in renewable energy.30 currently, 15% of global energy production comes from renewable sources. increasing investments in renewable energy is not limited to achieving a mid-term climate objective; rather, investments in renewable energy sources improve energy security. the green investment promotion for renewable energy has acquired prominence in recent years and is now at the forefront of global efforts to reform the energy sector. renewable energy is a rapidly expanding and strategically vital industry in a new arena of global industrial competition. adopting and utilizing renewable energy is one of the most effective methods to reduce pollution and protect the environment. green finance development is essential for harmonizing economic growth and environmental protection. global economies implement stringent environmental regulations to limit climate change, thereby fostering the transition to renewable energy by promoting green investment in response to improved public perception and rising consumer demand.31 government plays a crucial role in nurturing financing, and it has contributed to the expansion of green funding and forged connections between businesses. environmental and ecological benefits accrue as financial institutions increasingly plan investments and financial transactions with ecological factors in mind. however, banks and federal organizations have implemented policies and practices to encourage the expansion of green economy concepts.32 particularly in the case of renewable energy, certain investments are initiated expressly to qualify for strategy subsidization. due to the significance of economic growth in economic literacy, governments and businesses will have more resources to invest in renewables funding and research to facilitate the transition. mechanization is the primary method for achieving energy consumption and financial sector growth, and it frequently 29 riazullah shinwari and others, ‘what drives investment in renewable energy resources? evaluating the role of natural resources volatility and economic performance for china’, resources policy, 77 (2022), 102712 https://doi.org/10.1016/j.resourpol.2022.102712 30 daniel balsalobre-lorente and others, ‘the environmental kuznets curve, based on the economic complexity, and the pollution haven hypothesis in piigs countries’, renewable energy, 185 (2022), 1441–55 https://doi.org/10.1016/j.renene.2021.10.059 31 shuzhi zhang and guangxiong xie, ‘promoting green investment for renewable energy sources in china: case study from autoregressive distributed lagged in error correction approach’, renewable energy, 214 (2023), 359–68 https://doi.org/10.1016/j.renene.2023.05.131 32 hongda liu and others, ‘research on the peer behavior of local government green governance based on seci expansion model’, land, 10.5 (2021), 472 https://doi.org/10.3390/land10050472 https://doi.org/10.1016/j.resourpol.2022.102712 https://doi.org/10.1016/j.renene.2021.10.059 https://doi.org/10.1016/j.renene.2023.05.131 https://doi.org/10.3390/land10050472 issn 2807-2812 journal of human rights, culture and legal system 369 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) coincides with economic expansion.33 switching to renewable energy sources is one of the most important and innovative steps toward a green and pollution-free planet. therefore, we can say that technological advances, transformation, and economic development are intertwined in nations. the effect of policy changes regarding renewable energy on the long-term viability of energy companies and non-energy companies, respectively. it is widely acknowledged that for an environmental policy to be effective, it must provide the eco-industry with strong incentives to reduce pollution and natural resource consumption by investing in e-r&d.34 the climate change policies facilitate enormous support from both the public and private sectors, which contributes to the growth of low carbon sectors by introducing investments in green financial instruments, innovation, diffusion, and technological innovation.35 as one of the world's most ambitious and comprehensive national energy transition initiatives, the german energiewende is receiving enormous attention from policymakers and researchers. the national framework for the energiewende consists of the renewable energy act (rea) and the federal energy concept. these two documents state that germany's nuclear power plants will be phased out within the next ten years and that its current energy system which still relies heavily on nuclear power, oil, and coal will be transformed into an energy system heavily dependent on renewable energies by 2050. undoubtedly, the rea, as a pillar of the energiewende, has successfully increased the proportion of renewable energies in the power mix. renewable energies have flourished mainly in the electricity sector, with their share of gross power consumption increasing to nearly 33 percent in 2015. since 2010, o2 emissions have decreased slightly, but a consistent downward trend is not imminent. even though the use of coal for electricity generation has decreased in absolute terms (-14 twh), it remains at a high level overall. for small-scale private energy entrepreneurs, e rea has provided a massive business incentive. by 2014, private individuals, energy cooperatives, and farmers produced nearly half of germany's renewable energy. establishing renewable energy capacities (plant/component production, installation, maintenance, etc.) has had significant direct and indirect gross employment effects. gross employment in renewables increased from 160 thousand in 2004 to approximately 370 thousand in 2013. unquestionably, 33 denny irawan and tatsuyoshi okimoto, ‘conditional capital surplus and shortfall across renewable and non-renewable resource firms’, energy economics, 112 (2022), 106092 https://doi.org/10.1016/j.eneco.2022.106092 34 weihua pan, hang cao, and ying liu, ‘“green” innovation, privacy regulation and environmental policy’, renewable energy, 203 (2023), 245–54 https://doi.org/10.1016/j.renene.2022.12.025 35 shaiara husain, kazi sohag, and yanrui wu, ‘the response of green energy and technology investment to climate policy uncertainty: an application of twin transitions strategy’, technology in society, 71 (2022), 102132 https://doi.org/10.1016/j.techsoc.2022.102132 https://doi.org/10.1016/j.eneco.2022.106092 https://doi.org/10.1016/j.renene.2022.12.025 https://doi.org/10.1016/j.techsoc.2022.102132 370 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) energiewende has significantly increased electricity prices, particularly for private households and small and medium-sized businesses that do not qualify for special rebates. the cost of electricity for a three-person household has doubled since 2000. in particular, the proportion of taxes and levies has increased from less than 40% to more than 50%.36 participatory governance has become a crucial strategy for the transition to sustainability. success factors for the energy transition there are numerous opportunities for critical actors to influence participatory processes, such as deciding who can participate, implementing methods to give participants an "equal voice," disseminating information, and fostering trust-building. according to prior research, their actions impact participation processes' inclusiveness, fairness, legitimacy, and efficacy. despite being a fundamental obstacle to participatory governance processes, prior research identified the unwillingness of key actors to take participation and participants seriously and to learn as a significant obstacle to the democratic qualities of these processes.37 although there have been some objections to using renewable energy in the future, thus, energiewende fits the model of ecological modernization. as a result of this narrowing to questions about technology (promotion and acceptance), a negotiation regarding conflicting goals and competing energiewende visions fall by the wayside, both in terms of the success of the energiewende itself and its effects on the political culture. first, hazy objectives always risk resulting in ineffective, counterproductive, or costly measures, as previously illustrated with the coal phase-out. second, there is an increase in conflicts at the level of specific projects as conflicts over energiewende's objectives are fought out in disputes over its implementation. third, related to this, some targets should be met, such as reducing greenhouse gas emissions.38 germany's energy transition strategy additionally, denmark is implementing its policy. denmark implements eu directives and decisions regarding global warming mitigation policies. denmark established three agencies within the ministry of the environment, whose primary responsibility is to develop and implement measures to combat the threat of global warming. the climate change act 2014 establishes an overarching strategic framework for implementing national climate policy and transitioning to a low-emission society. it also creates 36 leslie quitzow and others, ‘the german energiewende – what’s happening? introducing the special issue’, utilities policy, 41 (2021), 163–71 https://doi.org/10.1016/j.jup.2016.03.002 37 anna ernst and doris fuchs, ‘power dynamics, shifting roles, and learning: exploring key actors in participation processes in the german energy transformation (energiewende)’, energy research and social science, 85.march 2021 (2022), 102420 https://doi.org/10.1016/j.erss.2021.102420 38 mario kendziorski and others, ‘centralized and decentral approaches to succeed the 100% energiewende in germany in the european context – a model-based analysis of generation, network, and storage investments’, energy policy, 167.april (2022) https://doi.org/10.1016/j.enpol.2022.113039 https://doi.org/10.1016/j.jup.2016.03.002 https://doi.org/10.1016/j.erss.2021.102420 https://doi.org/10.1016/j.enpol.2022.113039 issn 2807-2812 journal of human rights, culture and legal system 371 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) transparency and public access to the status, direction, and progress of denmark's climate policy and the energy agreement 2012–2020, a comprehensive agreement passed by a majority of parliament that addresses energy efficiency.39 wind energy, wind power technologies, and wind farms are well known in denmark, a small nordic nation. in 2019, wind energy accounted for nearly 50 percent of the national total. his brief history of wind power in denmark describes how the emergence and evolution of danish wind energy technologies were supported by bottom-up innovation, cooperative values and culture, and topdown policy support. this demonstrates how government policy goals for energy independence and diversification, public anti-nuclear sentiments, and rising environmental awareness gradually translated into a focus on supporting renewable energy sources, primarily wind power40. in a case study of a danish archipelago, sams (denmark) is examined. energy transition policies are a vital component of the energy system transition, with implementation challenges arising from technical changes. in three island energy systems, both technology demonstration projects and scenarios are analyzed, and the requirements for policy alignment as part of a better incorporation of the social dimension are evaluated. sams implements national regulations in denmark. by addressing this issue through stakeholder engagement on three distinct european islands, barriers and solutions are identified, and potential development pathways and solutions are presented, indicating the need for a better alignment between local and island conditions and broader policy design.41 california can lead global efforts to adapt to and mitigate climate change by capitalizing on the state's history of innovation, economic growth, and sciencebased policymaking. state climate goals include carbon neutrality by 2045, 100 percent clean electricity by 2045, 25,000 megawatts (mw) of offshore wind by 2045, 100 percent zev new car sales by 2035, 7 million climate-friendly and climate-ready homes by 2035, and 6 million heat pumps in buildings by 2030. ab 32. the state's more recent sb 32 legislation requires carb to adopt rules and regulations ensuring that statewide emissions are further reduced by at least 40% by 2030, and ab 1279 establishes a statewide goal of achieving carbon neutrality no later than 2045. release of the ini scoping plan in november 202242 39 y yiwananda and h s d nugrahani, ‘realisasi kebijakan energi terbarukan uni eropa (ue) oleh denmark dalam upaya menghadapi ancaman pemanasan global’, intermestic: journal of …, 6.1 (2021), 121–46 https://doi.org/10.24198/intermestic.v6n1.7 40 katinka johansen, ‘wind energy in denmark: a short history’, ieee power and energy magazine, 19.3 (2021), 94–102 https://doi.org/10.1109/mpe.2021.3057973 41 silver sillak, ‘all talk, and (no) action? collaborative implementation of the renewable energy transition in two frontrunner municipalities in denmark’, energy strategy reviews, 45.november 2022 (2023), 101051 https://doi.org/10.1016/j.esr.2023.101051 42 kenneth c. johnson, ‘california’s ambitious greenhouse gas policies: are they ambitious enough?’, ssrn electronic journal, 177.april (2022), 113545 https://doi.org/10.2139/ssrn.4189151 https://doi.org/10.24198/intermestic.v6n1.7 https://doi.org/10.1109/mpe.2021.3057973 https://doi.org/10.1016/j.esr.2023.101051 https://doi.org/10.2139/ssrn.4189151 372 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) california's electricity system is carbon-free. the scenario that minimized solid construction materials mass exhibited near-minimal cost and land use, as well as middle-of-the-pack critical metals use, when 100% zero-carbon electricity systems were developed. this was a result of its use of materially-efficient and landefficient resources (geothermal, nuclear when permitted) in addition to low-cost utility-solar and battery storage resources. materially-efficient and land-efficient resources tended to be water-intensive, and the freshwater consumption of the various 100% zero-carbon electricity scenarios varied depending on whether or not such resources were chosen. on-intermittent zero-carbon resources, such as geothermal, hydropower, and nuclear, are landand materially-efficient per unit of installed capacity. however, california's ability to utilize these resources is constrained by limited conventional geothermal potential, restrictions on hydropower expansion, and a de facto ban on new nuclear power plants. when constructing a 100 percent carbon-free electricity system, these benefits can be realized if one of these constraints is alleviated, either by lifting the ban on new nuclear power or by developing enhanced geothermal systems.43 regarding zero carbon in an energy transition centered on renewable energy, electrical energy storage technologies play an increasingly vital role in california's decarbonization objectives. in the electricity sector, this is primarily due to the strong commitments established by procurement targets, financial subsidy programs, and the resolution of interconnection issues, as well as the added value of market participation resulting from reduced energy bills and financial subsidies. in terms of addressing the fundamental issues associated with the interconnection of energy storage resources and its market participation mechanisms, california is also significantly more advanced.44 challenges and opportunities in energy transition policy the transition from inefficient fossil-based energy systems to sustainable energy systems can encounter a number of lock-ins. nonetheless, numerous routes are feasible. it is essential to have a solid grasp of the dynamic behavior of systems and to have the appropriate instruments to evaluate the outcomes of each selected path.45 energy transition, like any other transition, is challenging, and it is vital to understand the underlying structures that drive the behavior of transitions. 43 brian tarroja, rebecca peer, and emily grubert, ‘assessing how non-carbon co-priorities affect zero-carbon electricity system development in california under current policies’, journal of cleaner production, 403.september 2022 (2023), 136833 https://doi.org/10.1016/j.jclepro.2023.136833 44 aravind retna kumar and gireesh shrimali, ‘role of policy in the development of business models for battery storage deployment: the california case study’, electricity journal, 34.9 (2021), 107024 https://doi.org/10.1016/j.tej.2021.107024 45 andra blumberga, armands gravelsins, and dagnija blumberga, ‘deliberation platform for energy transition policies: how to make complex things simple’, energies, 15.1 (2021), 90 https://doi.org/10.3390/en15010090 https://doi.org/10.1016/j.jclepro.2023.136833 https://doi.org/10.1016/j.tej.2021.107024 https://doi.org/10.3390/en15010090 issn 2807-2812 journal of human rights, culture and legal system 373 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) green growth and energy transition are crucial to attaining sustainable development goals (sdgs) and ensuring our planet's sustainable future.46 the transition to renewable energy presents a multitude of challenges and prospective benefits that have a profound impact on the community. therefore, it is crucial to increase inclusiveness, equity, and influence. community-level obstacles, such as adequate and effective community engagement, appropriate renewable energy technology and system design, and dependable operation and maintenance, must continue to be considered in each new initiative for renewable energy supply to remote communities.47 energy autonomy is a political factor that corresponds well with the development of renewable energy. despite the fact that economic factors cause power prices to fluctuate and that the price of electricity has a strong correlation with access to capital, transitioning to renewable energies may help to keep prices in check.48 climate change and environmental degradation continue to be urgent global issues that must be addressed.49 the current investigation determined that environmental policy rigor offers the most promising solution to the increasing environmental degradation in oecd economies. in addition to the imposition of taxes on numerous emissions and the introduction of emission certificates, governments are obligated to establish a regulatory body that imposes fines on organizations that cause additional harmful discharge while exhibiting policy rigor proportional to the fines. in addition, economies within the oecd should implement environmental strategies to reduce the ecological deficit. this can be accomplished through the imposition of fees to emphasize the scarcity of utilizing resources and the recovery of the costs of sustainable infrastructure and services.50 in recent years, the price of wind and solar power has decreased substantially, making renewable energy increasingly competitive. according to a report by the iea, the costs of wind and solar energy in the united states have decreased by 70% and 89%, respectively, by 2010. these trends indicate that economic growth and energy consumption are not mutually exclusive unless a proportion of renewable 46 sami ullah and others, ‘advancing sustainable growth and energy transition in the united states through the lens of green energy innovations, natural resources and environmental policy’, resources policy, 85 (2023), 103848 https://doi.org/10.1016/j.resourpol.2023.103848 47 yao-jen hsiao, jyun-long chen, and cheng-ting huang, ‘what are the challenges and opportunities in implementing taiwan’s aquavoltaics policy? a roadmap for achieving symbiosis between small-scale aquaculture and photovoltaics’, energy policy, 153 (2021), 112264 https://doi.org/10.1016/j.enpol.2021.112264 48 hongda liu and haifeng zhao, ‘upgrading models, evolutionary mechanisms and vertical cases of service-oriented manufacturing in svc leading enterprises: product-development and service-innovation for industry 4.0’, humanities and social sciences communications, 9.1 (2022), 387 https://doi.org/10.1057/s41599-022-01409-9 49 inese zepa and volker h. hoffmann, ‘policy mixes across vertical levels of governance in the eu: the case of the sustainable energy transition in latvia’, environmental innovation and societal transitions, 47 (2023), 100699 https://doi.org/10.1016/j.eist.2023.100699 50 afshan, ozturk, and yaqoob. https://doi.org/10.1016/j.resourpol.2023.103848 https://doi.org/10.1016/j.enpol.2021.112264 https://doi.org/10.1057/s41599-022-01409-9 https://doi.org/10.1016/j.eist.2023.100699 374 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) energy sources is integrated into the energy matrix. wind turbines, solar panels, and hydroelectric power are sustainable solutions to the world's energy demands. clean energy also substantially reduces co2 emissions, which improves the environment. several obstacles must be overcome during the transition to renewable energy. prior to the deployment of renewable energy initiatives, several financial barriers must be overcome, including the high cost of renewable energy infrastructure, initial cost, and operating cost. in the case of nonrenewable energy, these financial barriers are not an issue. to ensure acceptable price detection and financing, market liquidity, and risk management, a financially efficient and wellfunctioning structure is required.51 in addition, governments have acknowledged infrastructure investment as a crucial driver of economic prosperity. one of the primary causes for the deterioration of the energy infrastructure is the absence of investment. energy and its supporting infrastructure are essential to the economic and social development of the globe. energy and all of its associated infrastructure are the primary drivers of economic growth and employment creation. due to the continued modernization of the energy sector, preconditions for the development of investments in the energy infrastructure can be created that are highly stimulating and profitable. however, providing the energy infrastructure with the capacity to meet the unmanaged growth in demand is ultimately unsustainable from an environmental and economic standpoint.52 recent forum in political geography titled 'environmental limits, scarcity, and degrowth' evokes age-old tensions between sustainable development and fundamental ecology. environmental justice studies applied the concept of ecological distribution conflicts (edc)53 to investigate the quality of project design participation, local capacities to participate in planning, and the distribution of environmental 'costs' and 'benefits' across populations.54 to everyone's knowledge, the only feasible method would be to actively halt industrial production. reducing global energy consumption would facilitate a swift transition to renewable energy.55 a competitive techno-economic foundation for low-carbon energy transitions and 51 naif alsagr, ‘financial efficiency and its impact on renewable energy investment: empirical evidence from advanced and emerging economies’, journal of cleaner production, 401 (2023), 136738 https://doi.org/10.1016/j.jclepro.2023.136738 52 m.yu. shabalov and others, ‘the influence of technological changes in energy efficiency on the infrastructure deterioration in the energy sector’, energy reports, 7 (2021), 2664–80 https://doi.org/10.1016/j.egyr.2021.05.001 53 arnim scheidel and others, ‘environmental conflicts and defenders: a global overview’, global environmental change, 63 (2020), 102104 https://doi.org/10.1016/j.gloenvcha.2020.102104 54 mary menton and others, ‘environmental justice and the sdgs: from synergies to gaps and contradictions’, sustainability science, 15.6 (2020), 1621–36 https://doi.org/10.1007/s11625-020-007898 55 alexander dunlap and louis laratte, ‘european green deal necropolitics: exploring “green” energy transition, degrowth & infrastructural colonization’, political geography, 97 (2022), 102640 https://doi.org/10.1016/j.polgeo.2022.102640 https://doi.org/10.1016/j.jclepro.2023.136738 https://doi.org/10.1016/j.egyr.2021.05.001 https://doi.org/10.1016/j.gloenvcha.2020.102104 https://doi.org/10.1007/s11625-020-00789-8 https://doi.org/10.1007/s11625-020-00789-8 https://doi.org/10.1016/j.polgeo.2022.102640 issn 2807-2812 journal of human rights, culture and legal system 375 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) emergent green deals is accelerating the transformation of the energy infrastructure. increasing research on sociotechnical transitions and energy justice, grouped under the term 'just transitions'.56 to seize the new opportunities presented by the new round of scientific and technological revolution and industrial transformation, it is prudent to enhance the development of new infrastructure. new infrastructure is an infrastructure system driven by technological innovation, based on information networks, and tailored to the requirements of high-quality development.57 in addition, the harmonization of legislation and technical requirements is highlighted as a requirement for achieving this objective, as it would facilitate cross-border trade, increase efficiency through the shared use of resources, and encourage infrastructure investments.58 when vertical dimensions are not well integrated, complex policymaking is susceptible to failure. the literature on sustainability transition has examined policy alignment using the concept of "policy mix," which refers to the combination of policy instruments and processes through which they emerged and interacted, focusing on a policy mix that spans multiple sectors or technologies at a single level of government, most often the state.59 given the uncertainty surrounding future technological, economic, and political developments, governance plays a vital role in context-dependent transition processes. 4. conclusion the influence of technological changes in energy efficiency on the infrastructure deterioration in the energy sector. today, fossil fuels account for 73% of all greenhouse gas (ghg) emissions from the energy sector. renewable energy technologies and decentralized systems were utilized to lessen the impact of traditional energy sources. solar energy, river runoff hydroelectric, wind farms, and information technologies were able to steer industrialized nations toward a low-carbon economy. there are numerous mechanisms worldwide for promoting the energy transition (particularly for advancing the development of renewable energy). however, successful implementation and a just energy transition require 56 ingmar lippert and siddharth sareen, ‘alleviation of energy poverty through transitions to low-carbon energy infrastructure’, energy research & social science, 100 (2023), 103087 https://doi.org/10.1016/j.erss.2023.103087 57 min gong, yidi zeng, and fan zhang, ‘new infrastructure, optimization of resource allocation and upgrading of industrial structure’, finance research letters, 54 (2023), 103754 https://doi.org/10.1016/j.frl.2023.103754 58 stefan borozan, aleksandra krkoleva mateska, and petar krstevski, ‘progress of the electricity sectors in south east europe: challenges and opportunities in achieving compliance with eu energy policy’, energy reports, 7 (2021), 8730–41 https://doi.org/10.1016/j.egyr.2021.11.203 59 giliberto capano and michael howlett, ‘the knowns and unknowns of policy instrument analysis: policy tools and the current research agenda on policy mixes’, sage open, 10.1 (2020), 215824401990056 https://doi.org/10.1177/2158244019900568 https://doi.org/10.1016/j.erss.2023.103087 https://doi.org/10.1016/j.frl.2023.103754 https://doi.org/10.1016/j.egyr.2021.11.203 https://doi.org/10.1177/2158244019900568 376 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) the combination of technological solutions with more open decision making based on solid analysis, engineering, and social science knowledge. the energy sector is undergoing a technological transition towards the enormous incorporation of new computing technologies to assist with operational, management, and commercialization duties. models of energy management have been modified to make them more adaptable and dynamic, with intelligent monitoring and control of production, distribution, storage, and energy consumption. the results indicate that a global energy transition will have a positive effect on the future stability and development of economies worldwide. therefore, the green investment promotion for renewable energy has acquired prominence in recent years and is now at the forefront of global efforts to reform the energy sector. the climate change policies facilitate enormous support from both the public and private sectors, which contributes to the growth of low carbon sectors by introducing investments in green financial instruments, innovation, diffusion, and technological innovation. the transition from inefficient fossil-based energy systems to sustainable energy systems can encounter a number of lock-ins. therefore, it is crucial to increase inclusiveness, equity, and influence. germany's energiewende has achieved success in the energy transition by transitioning from non-renewable to renewable energy sources. this has resulted in an increase in the utilization of renewable energy over time. denmark's energy transition policy has a positive effect on countries undergoing an energy transition, and according to its policy, denmark is ranked first on the scale of the united arab emirates as a leader in the energy transition. california has a clean energy policy and a carbon reduction policy to 100 percent zero carbon, which is one of the battery manufacturing policies whose successful implementation can serve as a model for indonesia. energy and all of its associated infrastructure are the primary drivers of economic growth and employment creation. in addition, the harmonization of legislation and technical requirements is highlighted as a requirement for achieving this objective. refrences adekanbi, michael lanre, ‘optimization and digitization of wind farms using internet of things’, international journal of energy research, 45.11 (2021), 15832– 38 https://doi.org/10.1002/er.6942 adeyemi-kayode, temitope m., sanjay misra, rytis maskeliunas, and robertas damasevicius, ‘a bibliometric review of grid parity, energy transition and electricity cost research for sustainable development’, heliyon, 9.5 (2023), e15532 https://doi.org/10.1016/j.heliyon.2023.e15532 afshan, sahar, ilhan ozturk, and tanzeela yaqoob, ‘facilitating renewable energy transition, ecological innovations and stringent environmental policies to improve ecological sustainability: evidence from mm-qr method’, renewable energy, 196 (2022), 151–60 https://doi.org/10.1016/j.renene.2022.06.125 https://doi.org/10.1002/er.6942 https://doi.org/10.1016/j.heliyon.2023.e15532 https://doi.org/10.1016/j.renene.2022.06.125 issn 2807-2812 journal of human rights, culture and legal system 377 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) ahmad, tanveer, and dongdong zhang, ‘using the internet of things in smart energy systems and networks’, sustainable cities and society, 68 (2021), 102783 https://doi.org/10.1016/j.scs.2021.102783 alsagr, naif, ‘financial efficiency and its impact on renewable energy investment: empirical evidence from advanced and emerging economies’, journal of cleaner production, 401 (2023), 136738 https://doi.org/10.1016/j.jclepro.2023.136738 balsalobre-lorente, daniel, lucia ibáñez-luzón, muhammad usman, and muhammad shahbaz, ‘the environmental kuznets curve, based on the economic complexity, and the pollution haven hypothesis in piigs countries’, renewable energy, 185 (2022), 1441–55 https://doi.org/10.1016/j.renene.2021.10.059 blumberga, andra, armands gravelsins, and dagnija blumberga, ‘deliberation platform for energy transition policies: how to make complex things simple’, energies, 15.1 (2021), 90 https://doi.org/10.3390/en15010090 borozan, stefan, aleksandra krkoleva mateska, and petar krstevski, ‘progress of the electricity sectors in south east europe: challenges and opportunities in achieving compliance with eu energy policy’, energy reports, 7 (2021), 8730– 41 https://doi.org/10.1016/j.egyr.2021.11.203 capano, giliberto, and michael howlett, ‘the knowns and unknowns of policy instrument analysis: policy tools and the current research agenda on policy mixes’, sage open, 10.1 (2020), 215824401990056 https://doi.org/10.1177/2158244019900568 carvalho, patrícia stefan, julio cezar mairesse siluk, jones luís schaefer, josé renes pinheiro, and paulo smith schneider, ‘proposal for a new layer for energy cloud management: the regulatory layer’, international journal of energy research, 45.7 (2021), 9780–99 https://doi.org/10.1002/er.6507 charfeddine, lanouar, and montassar kahia, ‘do information and communication technology and renewable energy use matter for carbon dioxide emissions reduction? evidence from the middle east and north africa region’, journal of cleaner production, 327 (2021), 129410 https://doi.org/10.1016/j.jclepro.2021.129410 chen, jie, shoujun huang, and hafiz waqas kamran, ‘empowering sustainability practices through energy transition for sustainable development goal 7: the role of energy patents and natural resources among european union economies through advanced panel’, energy policy, 176 (2023), 113499 https://doi.org/10.1016/j.enpol.2023.113499 dunlap, alexander, and louis laratte, ‘european green deal necropolitics: https://doi.org/10.1016/j.scs.2021.102783 https://doi.org/10.1016/j.jclepro.2023.136738 https://doi.org/10.1016/j.renene.2021.10.059 https://doi.org/10.3390/en15010090 https://doi.org/10.1016/j.egyr.2021.11.203 https://doi.org/10.1177/2158244019900568 https://doi.org/10.1002/er.6507 https://doi.org/10.1016/j.jclepro.2021.129410 https://doi.org/10.1016/j.enpol.2023.113499 378 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) exploring “green” energy transition, degrowth & infrastructural colonization’, political geography, 97 (2022), 102640 https://doi.org/10.1016/j.polgeo.2022.102640 ernst, anna, and doris fuchs, ‘power dynamics, shifting roles, and learning: exploring key actors in participation processes in the german energy transformation (energiewende)’, energy research and social science, 85.march 2021 (2022), 102420 https://doi.org/10.1016/j.erss.2021.102420 gong, min, yidi zeng, and fan zhang, ‘new infrastructure, optimization of resource allocation and upgrading of industrial structure’, finance research letters, 54 (2023), 103754 https://doi.org/10.1016/j.frl.2023.103754 halleck vega, sol maria, and nienke van twillert, ‘intra-country energy community developments: what are policy implications for the energy transition?’, energy strategy reviews, 48 (2023), 101112 https://doi.org/10.1016/j.esr.2023.101112 harichandan, sidhartha, sanjay kumar kar, rohit bansal, saroj kumar mishra, marriyappan sivagnanam balathanigaimani, and manoranjan dash, ‘energy transition research: a bibliometric mapping of current findings and direction for future research’, cleaner production letters, 3 (2022), 100026 https://doi.org/10.1016/j.clpl.2022.100026 hoicka, christina e., jens lowitzsch, marie claire brisbois, ankit kumar, and luis ramirez camargo, ‘implementing a just renewable energy transition: policy advice for transposing the new european rules for renewable energy communities’, energy policy, 156 (2021), 112435 https://doi.org/10.1016/j.enpol.2021.112435 hsiao, yao-jen, jyun-long chen, and cheng-ting huang, ‘what are the challenges and opportunities in implementing taiwan’s aquavoltaics policy? a roadmap for achieving symbiosis between small-scale aquaculture and photovoltaics’, energy policy, 153 (2021), 112264 https://doi.org/10.1016/j.enpol.2021.112264 husain, shaiara, kazi sohag, and yanrui wu, ‘the response of green energy and technology investment to climate policy uncertainty: an application of twin transitions strategy’, technology in society, 71 (2022), 102132 https://doi.org/10.1016/j.techsoc.2022.102132 irawan, denny, and tatsuyoshi okimoto, ‘conditional capital surplus and shortfall across renewable and non-renewable resource firms’, energy economics, 112 (2022), 106092 https://doi.org/10.1016/j.eneco.2022.106092 jaelani, abdul kadir, and resti dian luthviati, ‘the crime of damage after the constitutional court’s decision number 76/puu-xv/2017’, journal of human https://doi.org/10.1016/j.polgeo.2022.102640 https://doi.org/10.1016/j.erss.2021.102420 https://doi.org/10.1016/j.frl.2023.103754 https://doi.org/10.1016/j.esr.2023.101112 https://doi.org/10.1016/j.clpl.2022.100026 https://doi.org/10.1016/j.enpol.2021.112435 https://doi.org/10.1016/j.enpol.2021.112264 https://doi.org/10.1016/j.techsoc.2022.102132 https://doi.org/10.1016/j.eneco.2022.106092 issn 2807-2812 journal of human rights, culture and legal system 379 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) rights, culture and legal system, 1.1 (2021) https://doi.org/10.53955/jhcls.v1i1.5 johansen, katinka, ‘wind energy in denmark: a short history’, ieee power and energy magazine, 19.3 (2021), 94–102 https://doi.org/10.1109/mpe.2021.3057973 johnson, kenneth c., ‘california’s ambitious greenhouse gas policies: are they ambitious enough?’, ssrn electronic journal, 177.april (2022), 113545 https://doi.org/10.2139/ssrn.4189151 karami, mahdi, and reinhard madlener, ‘business models for peer-to-peer energy trading in germany based on households’ beliefs and preferences’, applied energy, 306 (2022), 118053 https://doi.org/10.1016/j.apenergy.2021.118053 kendziorski, mario, leonard göke, christian von hirschhausen, claudia kemfert, and elmar zozmann, ‘centralized and decentral approaches to succeed the 100% energiewende in germany in the european context – a model-based analysis of generation, network, and storage investments’, energy policy, 167.april (2022) https://doi.org/10.1016/j.enpol.2022.113039 laayati, oussama, mostafa bouzi, and ahmed chebak, ‘smart energy management: energy consumption metering, monitoring and prediction for mining industry’, in 2020 ieee 2nd international conference on electronics, control, optimization and computer science (icecocs) (ieee, 2020), pp. 1–5 https://doi.org/10.1109/icecocs50124.2020.9314532 lamb, william f, thomas wiedmann, julia pongratz, robbie andrew, monica crippa, jos g j olivier, and others, ‘a review of trends and drivers of greenhouse gas emissions by sector from 1990 to 2018’, environmental research letters, 16.7 (2021), 073005 https://doi.org/10.1088/1748-9326/abee4e lima, pedro augusto bertucci, and enzo barberio mariano, ‘eudaimonia in the relationship between human and nature: a systematic literature review’, cleaner production letters, 2 (2022), 100007 https://doi.org/10.1016/j.clpl.2022.100007 lippert, ingmar, and siddharth sareen, ‘alleviation of energy poverty through transitions to low-carbon energy infrastructure’, energy research & social science, 100 (2023), 103087 https://doi.org/10.1016/j.erss.2023.103087 liu, hongda, pinbo yao, xiaoxia wang, jialiang huang, and liying yu, ‘research on the peer behavior of local government green governance based on seci expansion model’, land, 10.5 (2021), 472 https://doi.org/10.3390/land10050472 liu, hongda, and haifeng zhao, ‘upgrading models, evolutionary mechanisms and vertical cases of service-oriented manufacturing in svc leading enterprises: product-development and service-innovation for industry 4.0’, humanities and social sciences communications, 9.1 (2022), 387 https://doi.org/10.1057/s41599-022-01409-9 https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.1109/mpe.2021.3057973 https://doi.org/10.2139/ssrn.4189151 https://doi.org/10.1016/j.apenergy.2021.118053 https://doi.org/10.1016/j.enpol.2022.113039 https://doi.org/10.1109/icecocs50124.2020.9314532 https://doi.org/10.1088/1748-9326/abee4e https://doi.org/10.1016/j.clpl.2022.100007 https://doi.org/10.1016/j.erss.2023.103087 https://doi.org/10.3390/land10050472 https://doi.org/10.1057/s41599-022-01409-9 380 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) long, alwin, mazlin bin mokhtar, minhaz farid ahmed, and chen kim lim, ‘enhancing sustainable development via low carbon energy transition approaches’, journal of cleaner production, 379 (2022), 134678 https://doi.org/10.1016/j.jclepro.2022.134678 madurai elavarasan, rajvikram, rishi pugazhendhi, taskin jamal, joanna dyduch, m.t. arif, nallapaneni manoj kumar, and others, ‘envisioning the un sustainable development goals (sdgs) through the lens of energy sustainability (sdg 7) in the post-covid-19 world’, applied energy, 292 (2021), 116665 https://doi.org/10.1016/j.apenergy.2021.116665 menton, mary, carlos larrea, sara latorre, joan martinez-alier, mika peck, leah temper, and others, ‘environmental justice and the sdgs: from synergies to gaps and contradictions’, sustainability science, 15.6 (2020), 1621–36 https://doi.org/10.1007/s11625-020-00789-8 pan, weihua, hang cao, and ying liu, ‘“green” innovation, privacy regulation and environmental policy’, renewable energy, 203 (2023), 245–54 https://doi.org/10.1016/j.renene.2022.12.025 pingkuo, liu, gao pengbo, and zhang chen, ‘how to promote energy transition with market design: a review on china’s electric power sector’, frontiers in energy research, 9 (2021) https://doi.org/10.3389/fenrg.2021.709272 poggi, francesca, ana firmino, and miguel amado, ‘shaping energy transition at municipal scale: a net-zero energy scenario-based approach’, land use policy, 99 (2020), 104955 https://doi.org/10.1016/j.landusepol.2020.104955 quitzow, leslie, weert canzler, philipp grundmann, markus leibenath, timothy moss, and tilmann rave, ‘the german energiewende – what’s happening? introducing the special issue’, utilities policy, 41 (2021), 163–71 https://doi.org/10.1016/j.jup.2016.03.002 ram, manish, arman aghahosseini, and christian breyer, ‘job creation during the global energy transition towards 100% renewable power system by 2050’, technological forecasting and social change, 151 (2020), 119682 https://doi.org/10.1016/j.techfore.2019.06.008 retna kumar, aravind, and gireesh shrimali, ‘role of policy in the development of business models for battery storage deployment: the california case study’, electricity journal, 34.9 (2021), 107024 https://doi.org/10.1016/j.tej.2021.107024 schaefer, jones luís, julio cezar mairesse siluk, patrícia stefan de carvalho, caroline maria de miranda mota, josé renes pinheiro, pedro nuno da silva faria, and others, ‘a framework for diagnosis and management of development and implementation of cloud-based energy communities https://doi.org/10.1016/j.jclepro.2022.134678 https://doi.org/10.1016/j.apenergy.2021.116665 https://doi.org/10.1007/s11625-020-00789-8 https://doi.org/10.1016/j.renene.2022.12.025 https://doi.org/10.3389/fenrg.2021.709272 https://doi.org/10.1016/j.landusepol.2020.104955 https://doi.org/10.1016/j.jup.2016.03.002 https://doi.org/10.1016/j.techfore.2019.06.008 https://doi.org/10.1016/j.tej.2021.107024 issn 2807-2812 journal of human rights, culture and legal system 381 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) energy cloud communities’, energy, 276 (2023), 127420 https://doi.org/10.1016/j.energy.2023.127420 scheidel, arnim, daniela del bene, juan liu, grettel navas, sara mingorría, federico demaria, and others, ‘environmental conflicts and defenders: a global overview’, global environmental change, 63 (2020), 102104 https://doi.org/10.1016/j.gloenvcha.2020.102104 seixasa júlia, stergaardb poul alberg, johannsenb rasmus magni, duić n., ‘energy transition and sustainability’, international journal of sustainable energy planning and management, 32 (2021), 1–4 https://doi.org/https://doi.org/10.5278/ijsepm.6850 shabalov, m.yu., yu.l. zhukovskiy, a.d. buldysko, b. gil, and v.v. starshaia, ‘the influence of technological changes in energy efficiency on the infrastructure deterioration in the energy sector’, energy reports, 7 (2021), 2664–80 https://doi.org/10.1016/j.egyr.2021.05.001 shinwari, riazullah, wang yangjie, ahmad haseeb payab, jakub kubiczek, and hazar dördüncü, ‘what drives investment in renewable energy resources? evaluating the role of natural resources volatility and economic performance for china’, resources policy, 77 (2022), 102712 https://doi.org/10.1016/j.resourpol.2022.102712 sillak, silver, ‘all talk, and (no) action? collaborative implementation of the renewable energy transition in two frontrunner municipalities in denmark’, energy strategy reviews, 45.november 2022 (2023), 101051 https://doi.org/10.1016/j.esr.2023.101051 sinha, avik, stelios bekiros, nazim hussain, duc khuong nguyen, and sana akbar khan, ‘how social imbalance and governance quality shape policy directives for energy transition in the oecd countries?’, energy economics, 120 (2023), 106642 https://doi.org/10.1016/j.eneco.2023.106642 su, yi, and qi-ming fan, ‘renewable energy technology innovation, industrial structure upgrading and green development from the perspective of china’s provinces’, technological forecasting and social change, 180 (2022), 121727 https://doi.org/10.1016/j.techfore.2022.121727 tarroja, brian, rebecca peer, and emily grubert, ‘assessing how non-carbon copriorities affect zero-carbon electricity system development in california under current policies’, journal of cleaner production, 403.september 2022 (2023), 136833 https://doi.org/10.1016/j.jclepro.2023.136833 tzeremes, panayiotis, eyup dogan, and nooshin karimi alavijeh, ‘analyzing the nexus between energy transition, environment and ict: a step towards cop26 targets’, journal of environmental management, 326 (2023), 116598 https://doi.org/10.1016/j.energy.2023.127420 https://doi.org/10.1016/j.gloenvcha.2020.102104 https://doi.org/https:/doi.org/10.5278/ijsepm.6850 https://doi.org/10.1016/j.egyr.2021.05.001 https://doi.org/10.1016/j.resourpol.2022.102712 https://doi.org/10.1016/j.esr.2023.101051 https://doi.org/10.1016/j.eneco.2023.106642 https://doi.org/10.1016/j.techfore.2022.121727 https://doi.org/10.1016/j.jclepro.2023.136833 382 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 361-382 fatma ulfatun najicha, et.al (the shaping of future sustainable energy policy) https://doi.org/10.1016/j.jenvman.2022.116598 ullah, sami, rundong luo, muhammad nadeem, and javier cifuentes-faura, ‘advancing sustainable growth and energy transition in the united states through the lens of green energy innovations, natural resources and environmental policy’, resources policy, 85 (2023), 103848 https://doi.org/10.1016/j.resourpol.2023.103848 wu, ying, yanpeng wu, josep m. guerrero, and juan c. vasquez, ‘decentralized transactive energy community in edge grid with positive buildings and interactive electric vehicles’, international journal of electrical power & energy systems, 135 (2022), 107510 https://doi.org/10.1016/j.ijepes.2021.107510 xia, qiwen, hailin wang, xinzhe liu, and xunzhang pan, ‘drivers of global and national co 2 emissions changes 2000–2017’, climate policy, 21.5 (2021), 604–15 https://doi.org/10.1080/14693062.2020.1864267 yiwananda, y, and h s d nugrahani, ‘realisasi kebijakan energi terbarukan uni eropa (ue) oleh denmark dalam upaya menghadapi ancaman pemanasan global’, intermestic: journal of, 6.1 (2021), 121–46 https://doi.org/10.24198/intermestic.v6n1.7 zepa, inese, and volker h. hoffmann, ‘policy mixes across vertical levels of governance in the eu: the case of the sustainable energy transition in latvia’, environmental innovation and societal transitions, 47 (2023), 100699 https://doi.org/10.1016/j.eist.2023.100699 zhang, shuzhi, and guangxiong xie, ‘promoting green investment for renewable energy sources in china: case study from autoregressive distributed lagged in error correction approach’, renewable energy, 214 (2023), 359–68 https://doi.org/10.1016/j.renene.2023.05.131 https://doi.org/10.1016/j.jenvman.2022.116598 https://doi.org/10.1016/j.resourpol.2023.103848 https://doi.org/10.1016/j.ijepes.2021.107510 https://doi.org/10.1080/14693062.2020.1864267 https://doi.org/10.24198/intermestic.v6n1.7 https://doi.org/10.1016/j.eist.2023.100699 https://doi.org/10.1016/j.renene.2023.05.131 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 265 https://doi.org/10.53955/jhcls.v3i2.105 journalhumanrightslegalsystem@gmail.com the government’s role in interfaith marriage rights protection: a case study of adjustment and social integration zaidah nur rosidah a, lego karjoko b*, mohd rizal palil c a faculty oh sharia uin raden mas said surakarta, indonesia. b faculty of law universitas sebelas maret surakarta, indonesia. c faculty economics and management, universiti kebangsaan malaysia, selangor, malaysia. *corresponding author: legokarjoko@staff.uns.ac.id 1. introduction indonesian law on marriage has evolved over a period that is deemed sufficient to meet the goals of the country. regarding the issue, same-sex marriage, sirri marriage, interfaith marriage, and contract marriage are perceived as marriages a r t i c l e i n f o a b s t r a c t article history received: january 10, 2023. revised: march 13, 2023. accepted: june 5, 2023. the research aims to determine the government's role in interfaith marriage rights protection in indonesia and malaysia. this research belongs to normative research that examines the role of government in the religious difference in marriage in indonesia and malaysia. this research employed a case approach, namely the study of the role of government in interfaith marriage rights protection. the techniques of collecting law items were conducted using literature research, while the analysis techniques were performed using deductive syllogism and interpretative methods. the results indicated that interfaith marriages are not technically recognized in indonesia since the marriage connection is regarded to be a contract between two persons of the same religion. while this is going on, interesting cases frequently take place near the malaysian and indonesian borders, particularly in the sambas region. the indonesian government's role in intermarriage rights protection is manifested in the indonesian judiciary. the courts have sanctioned multiple interfaith marriages. religious conflicts that occur in malaysia cannot be avoided. it may become a ticking time bomb or a flesh-piercing thorn. this is an open-access article under the cc–by 4.0 license. keywords interfaith marriage; indonesia; malaysia; protection; mailto:journalhumanrightslegalsystem@gmail.com mailto:legokarjoko@staff.uns.ac.id https://creativecommons.org/licenses/by/4.0/ 266 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) with no legal basis or violating the law.1 based on indonesia's legal history, the law on marriage has retained a number of the same features until the passage of law number 1 of 1974, even though it covers a more expansive scope.2 indonesia is a pluralistic country with a wide range of ethnic and religious groups. regarding its religion, numerous groups, including the government and other constituents, are concerned about the issue of relationships among religious people. other countries, for instance, have both islamic and non-islamic religious institutions.3 religious institutions across the world are frequently a crucial component of local communities' social structures. interfaith marriage has long been a contentious topic.4 according to a study conducted by aini et al., interfaith marriage is a persistent problem in society, even in a small percentage.5 according to article 1 of law number 1 of 1974 concerning marriage, marriage is an inner and outer bond between a man and a woman as husband and wife to form a happy and eternal family based on belief in one almighty god. in the marriage formulation, the purpose of marriage is stated and aimed to build a happy and eternal family. this means that marriage is held not temporarily or for a planned period, but for a lifetime or forever and may not be terminated. the marriage formula states emphatically that the formation of a happy and eternal family follows a belief in the one and only god. this means that marriage must be built according to the respective religion and belief. article 2 paragraph (1) of law number 1 of 1974 asserts that marriage is legal if it is carried out according to the laws of each religion and its beliefs. it is further explained in the formulation in article 2 paragraph (1) that there is no marriage outside the law of each religion and belief as formulated in the 1945 constitution. what is meant by the law of each religion and belief includes statutory provisions that apply to their religious group and belief as long as it is not in contrast to nor, otherwise, stipulated in the law. the provision in article 2 (1) can alternatively be interpreted as a statutory prohibition on marriage between two adherents of different religions. interfaith marriage is forbidden under islamic law, for example, since the terms and conditions differ from christian law and 1 fauzan muhammadi, eva wulandari, and m. hajir susanto, ‘islamic triangle concept of marital age: indonesian experience’, legality : jurnal ilmiah hukum, 29.2 (2021), 161–72 https://doi.org/10.22219/ljih.v29i2.14162 2 kartika septiani amiri, ‘perkembangan dan problematika hukum perkawinan di indonesia’, almujtahid: journal of islamic family law, 1.1 (2021), 50 https://doi.org/10.30984/jifl.v1i1.1639 3 dani setiawan, ‘inter-religious marriage: a controversial issue in indonesia’, contemporary issues on interfaith law and society, 1.1 (2022), 23–38 https://doi.org/10.15294/ciils.v1i1.56711 4 ermi suhasti, siti djazimah, and hartini hartini, ‘polemics on interfaith marriage in indonesia between rules and practices’, al-jami’ah: journal of islamic studies, 56.2 (2019), 367–94 https://doi.org/10.14421/ajis.2018.562.367-394 5 noryamin aini, ariane utomo, and peter mcdonald, ‘interreligious marriage in indonesia’, journal of religion and demography, 6.1 (2019), 189–214 https://doi.org/10.1163/2589742x-00601005 https://doi.org/10.22219/ljih.v29i2.14162 https://doi.org/10.30984/jifl.v1i1.1639 https://doi.org/10.15294/ciils.v1i1.56711 https://doi.org/10.14421/ajis.2018.562.367-394 https://doi.org/10.1163/2589742x-00601005 issn 2807-2812 journal of human rights, culture and legal system 267 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) vice versa.6 interfaith marriages are not technically recognized in indonesia since the marriage connection is regarded to be a contract between two adherents of the same religion.7 interfaith marriage for each party concerns the creed and law which is vital for an individual. this means that two different regulations are involved regarding the conditions and procedures for conducting a marriage by the laws of their respective religions. the fact that interfaith marriages exist is undeniable.8 it shows that interfaith marriages still exist and will continue to exist as a result of social interaction among all indonesian citizens who are religious pluralists. many interfaith marriages can be seen in indonesian actors and actresses, such as jamal mirdad and lydia kandau, katon bagaskara and ira wibowo, yuni shara and henri siahaan, ari sihasale and nia zulkarnaen, dedi kobusher and kalina, frans and amara, sonny lauwany and cornelia agatha, etc. interfaith marriages are becoming more common in society, and people are discussing them a lot. some people think that this is a good thing since it brings people from different religions together. others think that this is a bad thin, since it may cause problems.9 the marriage is not only seen as a personal and private matter between two persons but it is also seen as a sacred event. the state acknowledges the role of law on marriage in creating a family by recognizing the significance of the religion that certainly plays a big part in marriage. hence, marriage is built according to the district court's decision, not on any customs or religious principles. therefore, certain religions have implications for both the warring judges who conduct marriage contracts as well as the tendency of society to "smuggle" law decisions and legal issues. given the goal of ensuring legal certainty and efficient administration, the state needs to safeguard its citizens through registration activities. however, the existing laws must be created by the principles of exclusion, subsumption, derogation, and noncontradiction as the result of their application and implications. it does not unfavorably serve society. department of population and civil registration (dispendukcapil) connects interfaith marriage to the requirements of law on population administration article 35, letter a, which calls for a court ruling. in defiance of the court's decision, the department asserts 6 muhamad ali, ‘fatwas on inter-faith marriage in indonesia’, studia islamika, 9.3 (2021) https://doi.org/10.15408/sdi.v9i3.658 7 lutfan muntaqo, ‘islamic thoughts on interfaith marriage in local and global context’, manarul qur’an: jurnal ilmiah studi islam, 20.1 (2020), 69–79 https://doi.org/10.32699/mq.v20i1.1615 8 sri wahyuni and others, ‘the registration policy of interfaith marriage overseas for indonesian citizen’, bestuur, 10.1 (2022), 12 https://doi.org/10.20961/bestuur.v10i1.64330 9 rosdalina bukido and others, ‘negotiating love and faith: interfaith marriage in manado, indonesia’, wawasan: jurnal ilmiah agama dan sosial budaya, 6.1 (2021), 67–76 https://doi.org/10.15575/jw.v6i1.11299 https://doi.org/10.15408/sdi.v9i3.658 https://doi.org/10.32699/mq.v20i1.1615 https://doi.org/10.20961/bestuur.v10i1.64330 https://doi.org/10.15575/jw.v6i1.11299 268 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) that it is a legal entity that must abide by any judgments rendered by the court since the judgment must be accurate and respected.10 belief discrepancies can arise before, during, or after marriage. religious disagreements before marriage that persist after marriage will lead to a discussion about the validity of the marriage. while religious conflicts that develop during the creation and management of a household can lead to disagreement on the subject of the marriage's annulment.11 indonesians choose to get married abroad since there are no laws governing interfaith marriage, thus they do not have to stick to the indonesia’s laws and regulations on marriage. indonesian couples who have got married abroad must register and report their marriage. due to the lack of formal laws governing interfaith unions in indonesia, couples must pursue a variety of steps to get married. therefore, getting married abroad is one possible method. although interfaith marriage is forbidden in indonesia due to its strict religious laws, even though it does happen in this multireligious society.12 for this reason, it is important to consider the patterns of exchange (interchange procedures) used in various nations by performing the recordkeeping element, for instance, to govern interfaith marriage in indonesia.13 there has been a change in the magistrates' perspectives regarding the judge's opinion on how external elements including the environment, personal experiences, and the principles adhered to affect the marriage decisions for interfaith marriage couples. for the diversity of justice values held by the indonesian nation to influence how law enforcement officers think and behave, the authorities still need to recognize that the country is pluralistic in terms of ethnicity, tradition, customary religious law, beliefs, etc. therefore, in the state, the implementation of a sense of justice by law enforcement officials should be conducted by officers who are knowledgeable about identifying and adjusting to the sense of justice espoused by the community.14 10 melissa towadi, ‘the application of sharia maqashid on the protection of the rights of minority of muslim rohingya in regional asean (indonesia-malaysia)’, journal of indonesian legal studies, 2.1 (2017), 43–54 https://doi.org/10.15294/jils.v2i01.16637 11 zainal arifin, ‘perkawinan beda agama’, arifin, zainal., 18.1143–158 (2019) https://doi.org/https://doi.org/10.29138/lentera.v18i1.175 12 abdul halim and carina rizky ardhani, ‘keabsahan perkawinan beda agama di luar negeri dalam tinjauan yuridis’, jurnal moral kemasyarakatan, 1.1 (2016), 67–75 https://doi.org/https://doi.org/10.21067/jmk.v1i1.1187 13 dian latifiani, ‘the darkest phase for family: child marriage prevention and its complexity in indonesia’, journal of indonesian legal studies, 4.2 (2019), 241–58 https://doi.org/10.15294/jils.v4i2.34708 14 arifki budia warman and others, ‘reforming marriage registration policies in malaysia and indonesia’, bestuur, 11.1 (2023), 61–74 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.66320 https://doi.org/10.15294/jils.v2i01.16637 https://doi.org/https:/doi.org/10.29138/lentera.v18i1.175 https://doi.org/https:/doi.org/10.21067/jmk.v1i1.1187 https://doi.org/10.15294/jils.v4i2.34708 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.66320 issn 2807-2812 journal of human rights, culture and legal system 269 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) pancasila and the state constitution of republic of indonesia 1945 (uud nri 1945) must be used to be the basis for understanding how human rights provide recognition and protection of interfaith marriage in indonesia. the use of the notion of legal protection in cases of interfaith marriage is underlined since some state officials (in this case, the judge) refuse to assign duties, even though there has been a claim that the court is making things challenging for those looking for a court order between potential partners. since the law on marriage does not explicitly define interfaith marriages performed in indonesia (internal), there are conflicting views, as the consequences. in order to give legal protection to the rights of potential interfaith couples, basic laws can be used as referrals. judges' decisions should be made according to their comprehension of the following concepts for the state machinery to implement the sense of justice that interfaith marriage couples are seeking; the idea of interfaith marriage and the laws that comprehensively regulate interfaith marriage in indonesia should be understood by everybody.15 it was determined that the issue of implementing interfaith marriage in indonesia, which is against the principles of human rights, is one of the religious freedoms to create a family through a valid marriage. interfaith marriage in indonesia is difficult to do. it is rather a matter of interpretation and technical procedures among the marriage registrars than a rigid prohibition. according to article 2 of the law on marriage, marriages in indonesia are held based on religious law; therefore, marriages that are performed inconsistently with or contrary to religious law are deemed unlawful. additionally, it is typically understood from this article that interfaith marriage prohibited by religious law are also invalid. while this is going on, interesting occurrences frequently take place near the malaysian and indonesian borders, particularly in the sambas region. interfaith marriages across different religions are common in this region. one of the nations that forbid interfaith marriage is malaysia. despite having a multireligious society, islam is the most recognized religion in malaysia. every religious group is guaranteed the freedom to resolve its issues by the state. if nonmuslims are guaranteed constitutionally legal protections, muslims would be governed by islamic law through sultan’s authority in protecting the people’s rights and religious tribunals in charge of policing the faith. in malaysia, there are two different types of marriages: civil marriages and islamic marriages. under the law reform (marriage and divorce) act number 164 of 1976, as amended to the present, hereinafter referred to as the "malaysian law reform," non-muslims and non-natives in malaysia are subject to civil marriage. non-muslims and those with a domicile in malaysia are subject to the malaysian law reform; however, 15 kadek wiwik indrayanti, ‘penetapan dan pencatatan perkawinan beda agama di indonesia yang berkeadilan dan berkemanusian’, jurnal cakrawala hukum, 7.2 (2016) https://doi.org/10.26905/idjch.v7i2.1908 https://doi.org/10.26905/idjch.v7i2.1908 270 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) sabahor sarawak residents and individuals with a domicile in malaysia are still governed by local law or customary law, unless they specifically choose to be. the islamic family law (federal territories) act of 1984, as revised to the present, is the legal framework that governs muslim families in malaysia and is referred to as the "malaysian islamic family law" herein. the syariah courts (titled under islamic law) have authority over family disputes involving muslims, whereas the civil high courts (secular courts) have jurisdiction over family matters, involving non-muslims.16 in such a situation, the government must enforce interfaith marriage laws and regulations more strictly to prevent a legal void. “in article 2 paragraph (1) of the marriage law it is stated that marriage is legal if it is carried out according to the laws of each religion and belief”. it can be interpreted that there is no marriage that violates the law of each religion and belief.17 however, the fact shows otherwise, meaning that many requests for interfaith marriages are accepted and terminated. by the district court. this research presents the government’s role in interfaith marriage rights protection in indonesia and malaysia. the law is created to protect people's interests. the law needs to be implemented in a way that is fair, useful, and consistent. 2. research method this study is normative legal research, a process to find ratio decidendi (the basis for judges' considerations) regarding interfaith marriages. the approach used in this study is a case approach, aiming at examining the application of legal norms or beliefs carried out in legal practice, namely the law on interfaith marriage. the primary legal materials used in this study include law number 1 of 1974 concerning marriage, law number 23 of 2006 concerning population administration, and the government regulation number 9 of 1975 khi. meanwhile, secondary legal materials were obtained from books, articles, and other scientific works related to interfaith marriages. data collection was carried out through a literature study of primary legal materials and secondary legal materials. legal material analysis techniques were employed by using inductive and interpretive syllogisms. the major premise is primary legal materials, namely a set of legal rules such as law on marriage, law on population administration, government regulation number 9 of 1975, khi, the fatwa of the national council committee on islamic affairs, and other provisions of islamic law. while the minor premise is a legal fact, namely the basis for the judge's considerations (ratio 16 mohammad jamin and others, ‘the impact of indonesia’s mining industry regulation on the protection of indigenous peoples’, hasanuddin law review, 9.1 (2023), 88–105 https://doi.org/10.20956/halrev.v9i1.4033 17 ahmad siboy and others, ‘legal social justice in appointment non-definitive regional heads toward welfare state’, bestuur, 11.1 (2023), 144–70 https://doi.org/https://dx.doi.org/10.20961/bestuur.v11i1.71055 https://doi.org/10.20956/halrev.v9i1.4033 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v11i1.71055 issn 2807-2812 journal of human rights, culture and legal system 271 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) decidendi) to examine interfaith marriage applications. given the induced syllogism, an answer will be found regarding the legality of interfaith marriages. 3. results and discussion the government’s role in interfaith marriage rights protection in indonesia given that religious differences are not a bar to marriage, as stated in article 8 of law number 1 of 1974, it is appropriate to submit the issue of interfaith marriage application to the district court to obtain a review and decision. in indonesia, existing marriage laws and regulations effectively discourage interreligious marriage. according to article 2 (1) of the 1974 of law on marriage, a marriage is legitimate if it follows the laws of the respective religions and beliefs of the parties concerned. the indirect effect of this legislation's provisional enactment is that most official religions in indonesia strongly discourage interfaith marriage18. considering that the applicants, as indonesian citizens and citizens of the world, have the right to defend their religious beliefs, including worship forming a household which is carried out by two candidates of different religions, the matter is referred to in article 29 of the 1945 constitution and the 1984 un charter concerning freedom of religious belief in the one almighty god. to protect the citizen from the data, the current licensing procedure of the current place of worship has guaranteed the same right for every religion to build its worship place (34.7%); the current licensing procedure for the construction of worship places is consistently applied to every religion (33.8%), and the government facilitates good interfaith dialogue (37.5%)19. a lawsuit has been recently filed before the indonesian constitutional court seeking judicial review of article 2, paragraph 1 of the marriage law, which prohibits inter-religious marriage. the plaintiffs contend that the prohibition on inter-religious marriage violates their constitutional rights. as a result, it must be repealed to allow interreligious marriage in indonesia. furthermore, despite obtaining authentic marriage proof in the form of a marriage book, the legal status of an inter-religious marriage can still be canceled because it is invalid before the law. this annulment of marriage may psychologically harm a child in the family of an annulled marriage; there is an inheritance issue. even if a couple of interreligious marriages are legalized, their children will have no inheritance rights. the difference in religion will nullify inheritance rights. it could be argued that the prohibition on inter-religious marriage exists to protect a child's right to inherit. a child cannot hold two religious beliefs at the same time. as a result, a child can 18 aini, utomo, and mcdonald. 19razaq raj and nigel d. morpeth, ‘religius tolerance: does indonesia law really guarantee it?’, cabi, 7.2 (2021), 1–18 https://doi.org/10.15294/ijicle.v3i1.43170 https://doi.org/10.15294/ijicle.v3i1.43170 272 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) only accept either of his parents' religious beliefs. it considers an inter-religious marriage with two children who adopt each other's religious beliefs.20 law number 1 of 1974 concerning marriage in article 8, which regulates the prohibition of carrying out marriages, does not stipulate prohibitions carried out by two prospective brides of different religions and does not strictly regulate marriages of prospective brides of different faiths if connected to article 66, hoci civil code stbl 1993 no. 74 (the indonesia christian marriage ordinance, intermararriage ordinance (regaling op de gemengde humiliate stbl 1898 no. 158)) and other marriage rules to the extent stipulated in this law shall apply to those declared non-applicable. several decisions regarding interfaith marriage also reinforce this. the constitutional court, as the constitutionally most authoritative interpreter of the constitution, has referred to the phrase “belief in the one and only god” in some of its decisions. in the interreligious marriage case, the court held that the provision of religious marriage exclusivism was constitutional. in this case, the majority of the justices relied on the belief in the supremacy of religion in matters of marriage. no attempts were made to balance the principle of “belief in the one and only god” with other fundamental values and regulations of the constitution. the consequently, no consideration was given to the right to marry people of non-religion and people of non-recognized religions. it has also been argued that even if religions, particularly islam, are employed in the court’s reasoning, the result would be consistent with the principle of human rights protection in the constitution21. regarding religious marriage in indonesia's constitution, the constitutional court in its decision number 68/puu-xii/2014, rejected all material tests submitted by the applicant. the constitutional court rejected the material test considering that the applicant’s claim had no legal reasons. from another perspective, considering the constitutional court leaving a judicial review is the theological aspect, and marriage is not only a matter of the anthropocentric side and the effect on the legal status of marriage. religion is the foundation, and the state is interested in regulating marriage. the state has the role of protecting its people for having a family through a legitimate marriage, meaning that marriage is not only seen from the formal aspect but it is also seen from the spiritual and social aspects.22 de jure, the indonesian government prohibits interfaith marriage based on three factors. first, the political dynamics of law on interfaith marriage have become a 20 sonny dewi judiasih, nazmina asrimayasha nugraha, and luh putu sudini, ‘prohibition of intera religion marriage in indonesia’, jurnal dinamika hukum, 19.1 (2019), 186 https://doi.org/10.20884/1.jdh.2019.19.1.2462 21 ahmad rofii, ‘the religiosity of the indonesian constitution: article 29(1) and its interpretation’, constitutional review, 7.2 (2021), 203–40 https://doi.org/10.31078/consrev722 22 rosdalina bukido, edi gunawan, and rahman mantu, ‘law analysis towards judicial review of interfaith marriage’, 1, 2020, 419–25 https://doi.org/10.4108/eai.25-10-2019.2300544 https://doi.org/10.20884/1.jdh.2019.19.1.2462 https://doi.org/10.31078/consrev722 https://doi.org/10.4108/eai.25-10-2019.2300544 issn 2807-2812 journal of human rights, culture and legal system 273 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) hot-button issue, either reduced, supplemented, or altered, even though all the factions of people's representatives concurred. this is the result of the upcoming modifications and enhancements based on three factors. this is due to the upcoming modifications and enhancements. in its decree letter no. 5/dprri/ii/73–74, the house of representatives approved enacting the marriage bill as a law. second, sociocultural facts demonstrate that most indonesian muslims oppose interfaith marriage since such a marriage is deemed to oppose islamic values and law. the preponderance of society's legal consciousness, as it is in contrast to article 29 of the constitution of 1945 and the pancasila, has shifted to islamic law. individuals who adhere to their religion's values will not violate its established regulations. third, religious doctrine in the state-recognized official faiths, such as islam, christianity, catholicism, hinduism, and buddhism, prohibit interfaith marriage since this is less appropriate from a theological perspective than the religion-based marriage system. the purpose of marriage is to create a joyful and eternal family based on faith in the one and only god. this objective will be attained if marriage is founded on an inner bond. therefore, marriage is not only a dimension of law but also an inner-dimensional engagement centered on divine value. therefore, arrangements in marriage are sacred. all religions in indonesia prohibit their adherents from marrying those of diverse faiths or religions.23 based on quran, the sunnah of the prophet, and ijtihad, every muslim must marry other muslims. thus, marriage is a binding agreement to obey god’s commands and perform them as worship to build a family that is sakinah, mawadah, and warohmah. according to islamic law, marriage between people of different religions is strictly prohibited. additionally, the quran regulates marital matters as what is stated in 85 verses out of the 6,000 verses in the qur'an. this is stated in surah al-baqarah (2):221 and surah al-maidah (5):5. nonetheless, according to the fatwa of the indonesian ulema council number 05/kep/munas/ii/mui/80 dated july 28, 2005, which addressed the issue of interfaith marriage, marriage between a muslim man and an ahl al-kitab woman is prohibited. the fatwa of the indonesian ulema council prohibits interfaith marriage because the loss (mafsadah) is greater than the profit (maslahah) received24 islam prohibits interfaith marriages, and islamic law does not recognize valid marriages that exist. according to islamic law, children born from families with interfaith marriages that do not meet the requirements and pillars of marriage are considered to be taken out of wedlock and do not have a paternal lineage. according to article 100 of the compilation of islamic law, children born outside 23 fathol hedi, abdul ghofur anshori, and harun, ‘legal policy of interfaith marriage in indonesia’, hasanuddin law review, 3.3 (2021), 263–76 https://doi.org/10.20956/halrev.v3i3.1297 24 prasasti dyah nugraheni, ‘the implementation of marriage different religion and their due to the law of the religion of marriage status’, law and justice, 4.2 (2019), 68–82 https://doi.org/10.23917/laj.v4i2.8015 https://doi.org/10.20956/halrev.v3i3.1297 https://doi.org/10.23917/laj.v4i2.8015 274 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) families with marriage only have a nasab relationship with their mother and her family. equally, children born from families with interfaith marriage have only a kinship relationship with their mothers and their mothers' family members25. the primary consideration stipulated in article 8 does not restrict the prohibition performed by the prospective brides and grooms of different religions and does not expressly regulate their marriages. this is an appropriate legal reason to be used as a basis for consideration. nonetheless, it needs a deeper examination of article 8 letter f, which states that having a relationship is prohibited by religion or other applicable regulations. furthermore, determination on whether or not interfaith marriages are forbidden by religious law is essential. article 2 (1) of the law on marriage, as interpreted, makes it abundantly clear that marriages performed outside of the law of each religion and belief are unlawful, regarding interfaith marriages from the perspective of each prospective bride and groom's religious law prohibiting such marriage. although judges refer to the same source of law or legal provisions in deciding cases of interfaith marriage registration, not all courts have the same conclusion due to diverse beliefs and interpretations of religious and national law.26 the indonesian government's protection of the people’s rights to interfaith marriages is actualized in the indonesian judiciary. the courts have sanctioned multiple interfaith marriages. recent cases filed to the indonesian district court reveal a court practice that is acknowledged as one of the ways to accept or reject interfaith marriages. the most important point is that the legal void in interfaith marriage enables judges to make use of the legal basis of jurisprudence with different stipulations, comprising the regulated muslim reference (al-qur'an) and the witness on trial. the fact shows that the judge's decision to determine the validity of the marriage has opened a new legal avenue for regulating interfaith marriages. due to the inconsistent acceptance and rejection of interfaith marriage cases in indonesia, this legal ambiguity may result in social injustice. therefore, the best recommendation is to amend the ambiguous laws to ensure justice for all. although the uncertainty gives judges wisdom and enables their discretionary powers, maintaining social harmony and religious teachings must always be a top priority.27 25 indira hastuti, edy sanjaya, and budi prasetyo, ‘interfaith marriage and its legal consequences for children born according to islamic law’, international journal of educational research & social sciences, 3.1 (2022), 509–17 https://doi.org/10.51601/ijersc.v3i1.303 26 desimaliati desimaliati, ‘legality of registration for international religious marriage based on court decisions according to law and regulations in indonesia’, cepalo, 6.2 (2022), 77–90 https://doi.org/10.25041/cepalo.v6no2.2704 27 shariffah nuridah aishah binti syed nong mohamad and suyatno tengku mahathir mas’ud, ‘the district court ’ s approach in interfaith marriage’, media keadilan: jurnal ilmu hukum, 13.2 (2022), 283–95 https://doi.org/https://doi.org/10.31764/jmk.v13i2.10730 https://doi.org/10.51601/ijersc.v3i1.303 https://doi.org/10.25041/cepalo.v6no2.2704 https://doi.org/https:/doi.org/10.31764/jmk.v13i2.10730 issn 2807-2812 journal of human rights, culture and legal system 275 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) considering that even though the request of the applicants was granted, it is inevitable that the marriage of the applicants is invalid according to religion (both islamic and christian) by the provisions of article 2 paragraph (1) of law no. 1 of 1974 concerning marriage since it is considered invalid from a religious point of view regarding the forbidden acts or behaviors of the relationship between applicant i and petitioner ii as couple candidates it is the responsibility of the applicants to god, the state through national legislation regulations which only provide solutions for marriage between the bride and groom, each of whom still maintains his religious beliefs. some lawyers argue that there is a legal void regarding interfaith marriages under article 66. since the law on marriage does not govern interfaith marriage, article 66 asserts that the initial regulations on marriage do not apply as long as the law on marriage governs them. the government should protect its citizens who marry people of different religions by providing a mechanism for granting marriage requests in court. settlement a court order is a decision on a voluntary interfaith marriage application. while waiting for a marriage permit from the west jakarta state court, a couple named boy bolang and aditya used this method. another example can be found from an actress’, lidia kandau. she is a protestant christian, while his husband, jamal mirdad is a muslim, who delayed his marriage for two months due to the court process but eventually received permission from the dki jakarta civil registry office.28 to make it easier to get married to one of different religion, some couples have another solutions. faith and positive law perspectives that exist in indonesia indeed oppose it. despite this case, the couple's desire for an interfaith marriage remains unchanged. they even traveled abroad and got married there. interfaith marriage in other countries is valid if it is conducted by following the local law. a marriage performed abroad aims to be recognized by indonesian law. foreign interfaith marriage violates the laws in effect in indonesia. in international civil law, obtaining the validity or acknowledgment of a marriage improperly is considered legal smuggling. this practice is known as "wetsontduiking" in the netherlands. this is the legal basis for the annulment of the marriage. foreign interfaith weddings are not the solution for interfaith couples, which it may result in new obstacles. numerous disadvantages of interfaith marriages demonstrate that islamic law perfectly regulates all aspects of human life. also, this is supported by the existing positive law.29 28 kadriah kadriah, teuku saiful, and muhammad naufal hidayat, ‘interreligous marriage according to indonesian legislation’, proceedings of the 1st international conference on law and human rights 2020 (iclhr 2020), 549.iclhr 2020 (2021), 462–68 https://doi.org/10.2991/assehr.k.210506.060 29 muhammad habiby abil fida safarin and fatimah fatimah, ‘polemics on interfaith marriage: law and civil law perspectives’, unifikasi : jurnal ilmu hukum, 8.2 (2021), 262–71 https://doi.org/10.25134/unifikasi.v8i2.5166 https://doi.org/10.2991/assehr.k.210506.060 https://doi.org/10.25134/unifikasi.v8i2.5166 276 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) this systematic interpretation is also in line with the provisions of article 2, paragraph (1) of the marriage law regarding the validity of marriage depending on the laws of each religion, and judges can review the provisions of other articles. regarding religious law prohibiting the union of those of different faiths, this is also in line with article 8 letter f that marriage is not permitted for those with a relationship whose religion or other regulations prohibit marriage. the role of government in interfaith marriage rights protection in malaysia in malaysia, muslims are not permitted to convert to another faith, and thus, anyone who gets married to a muslim must convert to islam. although all malays are born muslims, the country is also home to chinese and indian muslims. the couple has three options if they wish to get married, such as converting to islam, leaving malaysia, or living together outside of marriage. however, it may have possible issues that plague indonesia in practice. regarding the fatwa of the national council committee on islamic affairs was issued on july 14, 1977, it is permissible for a muslim man to marry a woman from the ahl al-kitab group. however, jewish and christian women who are not classified as ahl al-kitab are prohibited from getting married. the islamic family law act governs marriage between muslims, while the islamic marriage and divorce act of 1976 governs marriage between non-muslims. the marriage process for muslims is governed by the islamic law. in contrast, in civil marriage, the parties visit the registry of marriage (rom) office to register the wedding date, which can also be done online. they have to complete the registration within approximately 30 days (minimum of 21 days). prospective spouses must present a letter of authorization from a religious leader, judge, or community leader30. it is also essential to note that the concept of religious freedom in malaysia differs significantly from western practices. before analyzing article 3(1) of the constitution, it is essential to comprehend its origins as envisioned by malaysia's ancestors. it states that islam will be the official religion of the federation, although other faiths may be practiced in peace and harmony. the supreme court was asked to determine the interpretation of article 3. it was emphasized that the british intervention in malaya separated islam into its public and private aspects, isolating islamic law from the laws of marriage, divorce, and inheritance31. malaysian law reform lacks a definition of marriage. the term "monogamous marriage" in chapter ii, containing articles 5 (1), 6 (2), and 7 (1), comes closest to defining marriage. it is stated that a person who lawfully marries under any law, religion, custom, or usage to one or more spouses shall be incapable of contracting 30 kadek wiwik indrayanti, enny ristanty, and membentuk keluarga, ‘analisis peraturan perkawinan beda agama di berbagai negara sebagai perlindungan hukum untuk membentuk keluarga’, 2019, 71–81 https://doi.org/10.26905/idjch.v11i1.4046.abstrak 31 mohd azizuddin mohd sani and dian diana abdul hamed shah, ‘freedom of religious expression in malaysia’, journal of international studies, 2020, 33–50 https://doi.org/10.32890/jis.7.2011.7916 https://doi.org/10.26905/idjch.v11i1.4046.abstrak https://doi.org/10.32890/jis.7.2011.7916 issn 2807-2812 journal of human rights, culture and legal system 277 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) another valid marriage during the duration of such marriage, emphasizing the exclusive nature of a couple's relationship. if a legally married man enters a union with a woman, she has no right to the succession or inheritance of the legally married man. a marriage prohibits a couple from committing to another relationship. such a commitment shall not be regarded as a marriage but rather as a union with no inheritance rights comparable to a marriage. such a male shall be considered to have committed the offense of remarriage.32 the islamic family law of malaysia prohibits a muslim man from marrying a non-muslim, except for a kitabiya (women of ahl al-kitab). furthermore, a muslim woman cannot marry a non-muslim man. in addition to the preceding, the islamic family law of malaysia prohibits certain marriages based on consanguinity, affinity, and fosterage. no man or woman, for instance, marries his mother or father or his mother-in-law or father-in-law. at the same time, no man has two wives who are sisters or otherwise related. the islamic family law of malaysia prohibits a muslim man from marrying a non-muslim, except for a kitabiyahh. furthermore, a muslim woman cannot marry a non-muslim man.33 constitutional mandate to maintain religious harmony. some malaysians may interpret proposals for interfaith dialogue as risking an interactional "attack" which highlights the sensitivity with which religion is regarded in this context. in other regions of the world, the interfaith agenda is at least partially motivated by a desire to foster social cohesion. the legal implications of framing religion in political terms pose a threat. a comment about "sensitive" issues leading to arrests references the 1948 sedition act. a question then arose “why the politicization of religion in malaysia is detrimental to interfaith engagement through this citation?” the call to "abolish" the term "sensitive" about religion suggests a belief in the need of reframing religion as independent of politics if malaysians are to engage in interfaith dialogue. malaysians are more likely to interact consciously across racial and ethnic lines than religious lines in everyday life. other participants interpreted religious conflict as an extension of ethnic and racial conflict due to a perceived overlap between ethnic and religious identities34. disputes in religious issues within the malaysian context could not be untended. it could become a ticking time bomb or a thorn in the flesh. such a situation would not suit malaysia’s diverse and plural makeup. such an issue should be discussed in an appropriate forum to clear the fog and misunderstanding. one solution should be a dialogue between the interested parties. in this context, dialogue 32 tiurma allagan, ‘international mixed marriage in indonesia and asean: international mixed marriage and its recognition in indonesia towards one asean community’, 2019 https://doi.org/10.33612/diss.100378352 33 fatum abubakar, ‘islamic family law reform: early marriage and criminalization (a comparative study of legal law in indonesia and pakistan)’, al-ahkam jurnal ilmu syari’ah dan hukum, 4.2 (2019) https://doi.org/10.22515/alahkam.v4i2.1667 34 elaine f. fernandez and adrian coyle, ‘sensitive issues, complex categories, and sharing festivals: malay muslim students’ perspectives on interfaith engagement in malaysia’, political psychology, 40.1 (2019), 37–53 https://doi.org/10.1111/pops.12501 https://doi.org/10.33612/diss.100378352 https://doi.org/10.22515/alahkam.v4i2.1667 https://doi.org/10.1111/pops.12501 278 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) between christians and muslims is needed to foster understanding. the climate of muslim-christian relations is much influenced by issues related to beliefs and perceptions held. sometimes, seemingly trivial matters may leave a more profound impact on adherents of these two faiths. a lack of communication between the two communities is a source of misunderstanding. this dialogue program is an excellent option to rectify this problem. in addition, the ph government could be a catalyst for this dialogue, and it could help to solve these issues positively. it is hoped that this open policy of the ph government could lead to a more harmonious path and prevent conflict due to differences in religion and beliefs. in the context of malaysia, religious conflicts are inevitable. it has the potential to become a ticking time bomb or a flesh-piercing thorn. such a circumstance would be detrimental to malaysia's diverse and plural population. such a topic should be discussed in an appropriate forum in order to dispel confusion and fog. a dialogue between the parties involved is one possible solution. in this context, christian-muslim dialogue is necessary to promote understanding. muslimchristian relations is significantly influenced by matters about beliefs and perceptions. occasionally, seemingly insignificant issues can have a greater impact on the adherents of these two religions. there needs to be more communication between the two communities. the dialogue program is subsequently viewed as a viable solution to this issue. in addition, the philippine government could catalyze this dialogue and positively contribute to the resolution of these issues. it is hoped that this open policy of the philippine government will lead to a more harmonious path and prevent religious and philosophical conflicts.35 the social landscape of sabah culture exemplifies the social virtues of easily socializing and mixing with others to form positive relationships with multiple dimensions, such as intermarriage. harmonious interfaith relations in sabah are not a new topic and have long attracted the interest of social scientists. their contextual framework when it is necessary to highlight specific differences in sabah, such as mixed-faith families, interfaith marriage, the absence or nonexistence of interfaith conflict, daily life interaction, and acceptance of others' religious places of worship built in their neighborhood. the consensus of experts includes three constructs, nine elements, and 43 criteria. given such cases, this study highlights the socio-religious pattern of harmony in sabah as a state and calls for further research in this area. even though some of the results corroborate previous research findings, this study has been designed uniquely by examining some essential aspects of other states. moreover, the implications of this study identify priorities for maintaining and enhancing the level of socio-religious harmony in sabah based on expert consensus, focusing on contributing to the new theory and framework of socio-religious harmony by highlighting the hierarchy 35 abd hakim mohad and others, ‘muslim-christian relations in malaysia: issues and solutions’, humanities and social sciences reviews, 7.1 (2019), 347–53 https://doi.org/10.18510/hssr.2019.7140 https://doi.org/10.18510/hssr.2019.7140 issn 2807-2812 journal of human rights, culture and legal system 279 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) model of noble values. in addition, this study contributes to the drafting of the national harmony charter policy in malaysia36. regarding the government’s role in interfaith marriage protection, the federal government, through jakim, has repeatedly increased its efforts to standardize state-level islamic laws, especially those about muslim personal matters such as marriage, divorce, and inheritance under consideration through court warrants. from a historical perspective, government efforts to promote centralization in islam-related matters can only be described as politically contentious, especially in light of long-standing tensions regarding the balance of federal and state-level powers. during malaysia's pre-independence constitution-making process, the sultans voiced vehement opposition to the inclusion of a provision establishing islam as the official religion of the malayan federation (for fear that this would shift the locus of authority in islamic matters to the central government). they agreed to include this provision only after receiving explicit assurances that their regional authority in matters about islam would not be lost. the sultans were assured that even if a federal government department were established to address religious issues, it would not fall under the jurisdiction of malaysia's elected government, as it does today (in the form of jakim). instead, they were assured that the department's sole purpose would be to "coordinate" the federation and the states under the jurisdiction of malaysia's rotating monarchy king (the yang di-pertuan agong). in other words, the sultans of malaysia are envious of their state-level legislative authority regarding islam37. the government’s role is inseparable from the issue of marriage protection, particularly for young children. although religious institutions can be tremendous assets, it is essential to emphasize that they are not a panacea for ensuring the safety of children. this section describes the challenges and dangers that religious institutions pose to children and the measures taken to safeguard them. in the same way that an exhaustive list of the protective roles religious institutions can play is beyond the scope of this article, so is an exhaustive list of the risks. consequently, this section provides several examples of consideration-worthy issues. surveys and interviews with religious leaders to determine how they perceive child protection and what activities they believe address, prevent, and eradicate violence against children could inform policy, practice, and inspire further research. further, examining the types of child protection activities religious institutions engage in and how they are framed can help religious institutions better understand how 36 mohd nazmi mohd khalli, suraya sintang, and assis kamu, ‘the framework of socio-religious harmony in sabah, east malaysia: an application of fuzzy delphi method’, heliyon, 8.8 (2022), e09976 https://doi.org/10.1016/j.heliyon.2022.e09976 37 matthew j. nelson and dian a.h. shah, ‘operationalizing and regulating religious freedom: apostasy and administrative “reasonableness” in malaysia and beyond’, international journal of constitutional law, 16.4 (2018), 1293–1321 https://doi.org/10.1093/icon/moy100 https://doi.org/10.1016/j.heliyon.2022.e09976 https://doi.org/10.1093/icon/moy100 280 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) they can protect children while also assisting secular organizations in targeting initiatives and materials and enhancing outreach efforts38. adjustment and social integration in indonesia and malaysia marriage is a fundamental human right, meaning that every person has the right to build a family. nonetheless, article 28b section ig of the 1945 constitution, in conjunction with article 10 section of the human rights act and article 2 section co of the marriage act, imposes a limitation on the ability to exercise the right to form a family, namely the requirement of marriage. based on these laws, the authors draw the following conclusions: (i) the legality of marriage will be recognized by indonesian national law so long as the marriage is based on the laws of the respective religion and belief, and (ii) the legality of marriage will be determined by the laws of the respective religion and belief. as a result, the right to build a family for spouses desiring an interfaith marriage will be restricted, and the marriage will not be legal. foster once referred to justice traynor's view, based on a classical theory, that there should be no prohibitions on marriage unless for critical social goals and with reasonable means. religion and marriage are inseparable matters even though indonesian law guarantees the right to build a family, the ceremony should not be permitted if there are any deviations regarding marriage. individuals' right to form a family appears to be restricted, but marriage is not only a civil action but also a religious action. marriage is a sacred vow whose fulfillment is intended to glorify the one and only god. according to religious law, the purpose of marriage is to fulfill god's commands, and its performance is a form of worship. consequently, if the worship is performed improperly, the values of marriage as worship cannot be fulfilled since its performance does not meet the criteria for worship as specified by the laws of the respective religion or belief39. meanwhile, the judge's consideration of rejecting the applicant's request refers to “article 2 paragraph (1) of the marriage law, that marriage is legal if it is carried out according to the laws of each religion and belief. from the formulation of article 2 paragraph (1), there is no marriage outside the law of each religion and belief by the 1945 constitution”. based on the explanation of article 2 paragraph (1) it shows that the marriage must be carried out first according to the religious law of the applicants, whether to be carried out according to the procedures of islamic religious law or the procedures of christian religious law. besides, the court is not an institution that legalizes marriage. the majolis of religion has no role in forming legal policies related to interfaith marriages because the marriage law was stipulated before the religious council was established. instead of limiting the cohabitation of interfaith couples, even though religious leaders support or do not support interfaith marriages, the practice is still widespread and 38 jill d. mcleigh and david taylor, ‘the role of religious institutions in preventing, eradicating, and mitigating violence against children’, child abuse & neglect, 110 (2020), 104313 https://doi.org/10.1016/j.chiabu.2019.104313 39 m. ya’kub aiyub kadir and fachrian rzki, ‘interfaith marriage in indonesia: a critique of court verdicts’, yuridika, 38.1 (2023), 171–90 https://doi.org/10.20473/ydk.v38i1.38099 https://doi.org/10.1016/j.chiabu.2019.104313 https://doi.org/10.20473/ydk.v38i1.38099 issn 2807-2812 journal of human rights, culture and legal system 281 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) increasing rapidly. this observable fact should be an essential reason for the constitutional court to grant or reject the practice of interfaith marriage in indonesia. the state has more responsibility in clarifying regulations or official actions because indonesia is based on law. in terms of interfaith marriages and social conflicts, the authors examine an irish study. the digitized 1911 irish population census has revealed much about the prevalence and nature of mixed marriages in ireland before world war i. diverse marriages were uncommon, especially in the northern province of ulster, which had a large od population. even though they remained the exception elsewhere in ireland, mixed marriages were relatively more common. this difference becomes especially apparent when the od community members’ tendency to marry outside the community is emphasized, using the od population as the denominator. how historical patterns of intermarriage can predict future violent and civil conflicts. similar analyses, for instance, in the balkans or the middle east, illuminate and constitute a worthy topic for future research40. malaysia's marriage law is a combination of civil law, islamic law, and customary law. law reform (marriage and divorce) 1976 (act 164) was enacted in malaysia following english common law and applies to all non-muslim citizens. in contrast, muslim laws, such as marriage, are governed explicitly by each state's islamic law, as stated in table 9, list ii of the federal constitution's state list. a person who gets married under act 164 converts to islam on their own. this individual has two options: ask their spouse to convert to islam to continue their civil marriage or dissolve the marriage if the spouse refuses to convert within three months of the individual's conversion. the malaysian law does not recognize interfaith marriage, particularly between muslims and non-muslims. some muslim converts seek to dissolve their civil marriage in a shariah court; however, the court's ruling only binds the muslim converts, and civil marriage continues to exist. in conclusion, conversion to islam does not automatically result in the dissolution of civil marriage; the non-muslim party must file a petition to the civil court for dissolution of marriage under section 51(1) of act 164, and the shariah court lacks the authority to dissolve a civil union. it has been argued that a couple should not be separated due to the man's conversion to islam because shariah permits a muslim man to marry a woman from the people of the book41. marriage is indeed inseparable from the problems of underage marriage. adolescent girls' ability deprivations may be significantly influenced by child marriage. still, the pattern of these deprivations is likely to be very context-specific and influenced by several sources of disadvantage, such as poverty and forced relocation. it is crucial to avoid making simplistic generalizations about the 40 alan fernihough, cormac ó gráda, and brendan m. walsh, ‘intermarriage in a divided society: ireland a century ago’, explorations in economic history, 56 (2015), 1–14 https://doi.org/10.1016/j.eeh.2014.11.002 41 mohd al adib bin samuri and azlan shah nabees khan, ‘legal implications of conversion to islam on civil marriage : narrative of converts in malaysia’, islamiyyat, 42.2 (2020), 103–11 https://doi.org/doi.org/10.17576/islamiyyat-2020-4202-10 https://doi.org/10.1016/j.eeh.2014.11.002 https://doi.org/doi.org/10.17576/islamiyyat-2020-4202-10 282 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) distribution of weaknesses in the context of macro shocks like the pandemic and to ensure that policy and programming are guided by context-specific vulnerability assessments that take married status into account, among other intersecting sources of disadvantage. access to mobile phones and additional information and communications technology provides a chance amid the pandemic, particularly in places like bangladesh and jordan, where connectivity rates are high. however, some analysts have cautioned against using digital technology to reach married adolescent girls42. over the last 20 years, there has been a critical mass of 30 evaluations that it has worked harder than ever before to postpone marriage. a broader range of interventions, evaluation methodologies, and a higher share of more rigorous evaluations allow for more substantiated findings. the increased share of singlecomponent and multiarm studies, which allow for greater specificity in comparing program or policy strategies, and a higher share of large-scale, governmentdelivered programs and policies, allow for a more deliberate analysis of the reach and sustainability of different approaches, are especially beneficial43. some basic similarities regarding interfaith marriages exist in indonesia and malaysia. the religious laws of the petitioners prohibit interfaith marriages. it confirms that interfaith marriage, even though it is not regulated clearly and explicitly in the marriage law, is prohibited, and thus, the judge should reject the application. religious laws and beliefs in indonesia are essential in determining the legality of interfaith marriage. in islam, interfaith marriage is prohibited, even though there are differences of opinion among scholars regarding this issue. most indonesian muslim scholars, represented by the indonesian ulema council, stated in their fatwa that whether a muslim man or woman marries a non-muslim, the law is unlawful. meanwhile, article 44 of the compilation of islamic law prohibits muslim women from marrying non-muslim men. some scholars argue that this is permissible if muslim men get married to women of ahl al-kitab (kitabiyah). few scholars perceive it is permissible for muslim men or women to marry nonmuslims44. 4. conclusion indonesia is a pluralistic country with numerous ethnic and religious groups. concerning religion, numerous groups, including the government and other constituents, are concerned about the issue of relationships among religious people. interfaith marriage for each party concerns the creed and law which is 42 sarah baird and others, ‘intersecting disadvantages for married adolescents: life after marriage preand post-covid-19 in contexts of displacement’, journal of adolescent health, 70.3 (2022), s86– 96 https://doi.org/10.1016/j.jadohealth.2021.12.001 43 anju malhotra and shatha elnakib, ‘20 years of the evidence base on what works to prevent child marriage: a systematic review’, journal of adolescent health, 68.5 (2021), 847–62 https://doi.org/10.1016/j.jadohealth.2020.11.017 44 haifaa jawad and ayse elmali-karakaya, ‘interfaith marriages in islam from a woman’s perspective: turkish women’s interfaith marriage practices in the united kingdom’, journal of muslim minority affairs, 40.1 (2020), 128–47 https://doi.org/10.1080/13602004.2020.1737415 https://doi.org/10.1016/j.jadohealth.2021.12.001 https://doi.org/10.1016/j.jadohealth.2020.11.017 https://doi.org/10.1080/13602004.2020.1737415 issn 2807-2812 journal of human rights, culture and legal system 283 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) essential for an individual. this means that two different regulations are involved regarding the conditions and procedures for holding marriages by the laws of their respective religion. in indonesia and malaysia, the respective government has a responsibility to protect its citizens regarding interfaith marriages. the indonesian government's role in interfaith marriage rights protection for its citizens is implied by judicial decisions in which some judges permit them. the decision's disparity safeguards the rights of citizens. nonetheless, this disparity creates doubt among citizens who oppose interfaith marriages. in addition, the malaysian government does not permit interfaith marriages. for the protection of its citizens, interfaith marriages occur in the courts, where citizens are still required to hold marriages of the same religion, with some embracing other faiths through the courts later. this gives us a new perspective on the need for a unique solution to accommodate the needs of citizens, which are pervasive in indonesia and malaysia, two countries whose citizens share the same problem, namely interfaith marriages. this confirms that both countries religiously and constitutionally prohibited interfaith marriages. however, the phenomenon of interfaith marriage demonstrates the government's commitment to eradicating discrimination and protecting human rights. references abubakar, fatum, ‘islamic family law reform: early marriage and criminalization (a comparative study of legal law in indonesia and pakistan)’, al-ahkam jurnal ilmu syari’ah dan hukum, 4.2 (2019) https://doi.org/10.22515/alahkam.v4i2.1667 aini, noryamin, ariane utomo, and peter mcdonald, ‘interreligious marriage in indonesia’, journal of religion and demography, 6.1 (2019), 189–214 https://doi.org/10.1163/2589742x-00601005 aiyub kadir, m. ya’kub, and fachrian rzki, ‘interfaith marriage in indonesia: a critique of court verdicts’, yuridika, 38.1 (2023), 171–90 https://doi.org/10.20473/ydk.v38i1.38099 ali, muhamad, ‘fatwas on inter-faith marriage in indonesia’, studia islamika, 9.3 (2021) https://doi.org/10.15408/sdi.v9i3.658 allagan, tiurma, ‘international mixed marriage in indonesia and asean: international mixed marriage and its recognition in indonesia towards one asean community’, 2019 https://doi.org/10.33612/diss.100378352 amiri, kartika septiani, ‘perkembangan dan problematika hukum perkawinan di indonesia’, al-mujtahid: journal of islamic family law, 1.1 (2021), 50 https://doi.org/10.30984/jifl.v1i1.1639 arifin, zainal, ‘perkawinan beda agama’, arifin, zainal., 18.1143–158 (2019) https://doi.org/https://doi.org/10.29138/lentera.v18i1.175 https://doi.org/10.22515/alahkam.v4i2.1667 https://doi.org/10.1163/2589742x-00601005 https://doi.org/10.20473/ydk.v38i1.38099 https://doi.org/10.15408/sdi.v9i3.658 https://doi.org/10.33612/diss.100378352 https://doi.org/10.30984/jifl.v1i1.1639 https://doi.org/https:/doi.org/10.29138/lentera.v18i1.175 284 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) baird, sarah, maureen murphy, jennifer seager, nicola jones, anju malhotra, sarah alheiwidi, and others, ‘intersecting disadvantages for married adolescents: life after marriage preand post-covid-19 in contexts of displacement’, journal of adolescent health, 70.3 (2022), s86–96 https://doi.org/10.1016/j.jadohealth.2021.12.001 bukido, rosdalina, edi gunawan, and rahman mantu, ‘law analysis towards judicial review of interfaith marriage’, 1, 2020, 419–25 https://doi.org/10.4108/eai.25-10-2019.2300544 bukido, rosdalina, edi gunawan, djamila usup, and hayat hayat, ‘negotiating love and faith: interfaith marriage in manado, indonesia’, wawasan: jurnal ilmiah agama dan sosial budaya, 6.1 (2021), 67–76 https://doi.org/10.15575/jw.v6i1.11299 desimaliati, desimaliati, ‘legality of registration for international religious marriage based on court decisions according to law and regulations in indonesia’, cepalo, 6.2 (2022), 77–90 https://doi.org/10.25041/cepalo.v6no2.2704 fernandez, elaine f., and adrian coyle, ‘sensitive issues, complex categories, and sharing festivals: malay muslim students’ perspectives on interfaith engagement in malaysia’, political psychology, 40.1 (2019), 37–53 https://doi.org/10.1111/pops.12501 fernihough, alan, cormac ó gráda, and brendan m. walsh, ‘intermarriage in a divided society: ireland a century ago’, explorations in economic history, 56 (2015), 1–14 https://doi.org/10.1016/j.eeh.2014.11.002 halim, abdul, and carina rizky ardhani, ‘keabsahan perkawinan beda agama di luar negeri dalam tinjauan yuridis’, jurnal moral kemasyarakatan, 1.1 (2016), 67–75 https://doi.org/https://doi.org/10.21067/jmk.v1i1.1187 hastuti, indira, edy sanjaya, and budi prasetyo, ‘interfaith marriage and its legal consequences for children born according to islamic law’, international journal of educational research & social sciences, 3.1 (2022), 509–17 https://doi.org/10.51601/ijersc.v3i1.303 hedi, fathol, abdul ghofur anshori, and harun, ‘legal policy of interfaith marriage in indonesia’, hasanuddin law review, 3.3 (2021), 263–76 https://doi.org/10.20956/halrev.v3i3.1297 indrayanti, kadek wiwik, ‘penetapan dan pencatatan perkawinan beda agama di indonesia yang berkeadilan dan berkemanusian’, jurnal cakrawala hukum, 7.2 (2016) https://doi.org/10.26905/idjch.v7i2.1908 indrayanti, kadek wiwik, enny ristanty, and membentuk keluarga, ‘analisis peraturan perkawinan beda agama di berbagai negara sebagai perlindungan hukum untuk membentuk keluarga’, 2019, 71–81 https://doi.org/10.1016/j.jadohealth.2021.12.001 https://doi.org/10.4108/eai.25-10-2019.2300544 https://doi.org/10.15575/jw.v6i1.11299 https://doi.org/10.25041/cepalo.v6no2.2704 https://doi.org/10.1111/pops.12501 https://doi.org/10.1016/j.eeh.2014.11.002 https://doi.org/https:/doi.org/10.21067/jmk.v1i1.1187 https://doi.org/10.51601/ijersc.v3i1.303 https://doi.org/10.20956/halrev.v3i3.1297 https://doi.org/10.26905/idjch.v7i2.1908 issn 2807-2812 journal of human rights, culture and legal system 285 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) https://doi.org/10.26905/idjch.v11i1.4046.abstrak jamin, mohammad, abdul kadir jaelani, mulyanto, reza octavia kusumaningtyas, and duc quang ly, ‘the impact of indonesia’s mining industry regulation on the protection of indigenous peoples’, hasanuddin law review, 9.1 (2023), 88–105 https://doi.org/10.20956/halrev.v9i1.4033 jawad, haifaa, and ayse elmali-karakaya, ‘interfaith marriages in islam from a woman’s perspective: turkish women’s interfaith marriage practices in the united kingdom’, journal of muslim minority affairs, 40.1 (2020), 128–47 https://doi.org/10.1080/13602004.2020.1737415 judiasih, sonny dewi, nazmina asrimayasha nugraha, and luh putu sudini, ‘prohibition of intera religion marriage in indonesia’, jurnal dinamika hukum, 19.1 (2019), 186 https://doi.org/10.20884/1.jdh.2019.19.1.2462 kadriah, kadriah, teuku saiful, and muhammad naufal hidayat, ‘interreligous marriage according to indonesian legislation’, proceedings of the 1st international conference on law and human rights 2020 (iclhr 2020), 549.iclhr 2020 (2021), 462–68 https://doi.org/10.2991/assehr.k.210506.060 khan, mohd al adib bin samuri and azlan shah nabees, ‘legal implications of conversion to islam on civil marriage : narrative of converts in malaysia’, islamiyyat, 42.2 (2020), 103–11 https://doi.org/doi.org/10.17576/islamiyyat2020-4202-10 latifiani, dian, ‘the darkest phase for family: child marriage prevention and its complexity in indonesia’, journal of indonesian legal studies, 4.2 (2019), 241–58 https://doi.org/10.15294/jils.v4i2.34708 malhotra, anju, and shatha elnakib, ‘20 years of the evidence base on what works to prevent child marriage: a systematic review’, journal of adolescent health, 68.5 (2021), 847–62 https://doi.org/10.1016/j.jadohealth.2020.11.017 mcleigh, jill d., and david taylor, ‘the role of religious institutions in preventing, eradicating, and mitigating violence against children’, child abuse & neglect, 110 (2020), 104313 https://doi.org/10.1016/j.chiabu.2019.104313 mohad, abd hakim, ros aiza mohd mokhtar, mashitah sulaiman, and latifah abdul latiff, ‘muslim-christian relations in malaysia: issues and solutions’, humanities and social sciences reviews, 7.1 (2019), 347–53 https://doi.org/10.18510/hssr.2019.7140 mohd khalli, mohd nazmi, suraya sintang, and assis kamu, ‘the framework of socio-religious harmony in sabah, east malaysia: an application of fuzzy delphi method’, heliyon, 8.8 (2022), e09976 https://doi.org/10.1016/j.heliyon.2022.e09976 https://doi.org/10.26905/idjch.v11i1.4046.abstrak https://doi.org/10.20956/halrev.v9i1.4033 https://doi.org/10.1080/13602004.2020.1737415 https://doi.org/10.20884/1.jdh.2019.19.1.2462 https://doi.org/10.2991/assehr.k.210506.060 https://doi.org/doi.org/10.17576/islamiyyat-2020-4202-10 https://doi.org/doi.org/10.17576/islamiyyat-2020-4202-10 https://doi.org/10.15294/jils.v4i2.34708 https://doi.org/10.1016/j.jadohealth.2020.11.017 https://doi.org/10.1016/j.chiabu.2019.104313 https://doi.org/10.18510/hssr.2019.7140 https://doi.org/10.1016/j.heliyon.2022.e09976 286 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) mohd sani, mohd azizuddin, and dian diana abdul hamed shah, ‘freedom of religious expression in malaysia’, journal of international studies, 2020, 33–50 https://doi.org/10.32890/jis.7.2011.7916 muhammadi, fauzan, eva wulandari, and m. hajir susanto, ‘islamic triangle concept of marital age: indonesian experience’, legality : jurnal ilmiah hukum, 29.2 (2021), 161–72 https://doi.org/10.22219/ljih.v29i2.14162 muntaqo, lutfan, ‘islamic thoughts on interfaith marriage in local and global context’, manarul qur’an: jurnal ilmiah studi islam, 20.1 (2020), 69–79 https://doi.org/10.32699/mq.v20i1.1615 nelson, matthew j., and dian a.h. shah, ‘operationalizing and regulating religious freedom: apostasy and administrative “reasonableness” in malaysia and beyond’, international journal of constitutional law, 16.4 (2018), 1293–1321 https://doi.org/10.1093/icon/moy100 nugraheni, prasasti dyah, ‘the implementation of marriage different religion and their due to the law of the religion of marriage status’, law and justice, 4.2 (2019), 68–82 https://doi.org/10.23917/laj.v4i2.8015 raj, razaq, and nigel d. morpeth, ‘religius tolerance: does indonesia law really guarantee it?’, cabi, 7.2 (2021), 1–18 https://doi.org/10.15294/ijicle.v3i1.43170 rofii, ahmad, ‘the religiosity of the indonesian constitution: article 29(1) and its interpretation’, constitutional review, 7.2 (2021), 203–40 https://doi.org/10.31078/consrev722 safarin, muhammad habiby abil fida, and fatimah fatimah, ‘polemics on interfaith marriage: law and civil law perspectives’, unifikasi : jurnal ilmu hukum, 8.2 (2021), 262–71 https://doi.org/10.25134/unifikasi.v8i2.5166 setiawan, dani, ‘inter-religious marriage: a controversial issue in indonesia’, contemporary issues on interfaith law and society, 1.1 (2022), 23–38 https://doi.org/10.15294/ciils.v1i1.56711 siboy, ahmad, sholahuddin al-fatih, devi triasari, and hilaire tegnan, ‘legal social justice in appointment non-definitive regional heads toward welfare state’, bestuur, 11.1 (2023), 144–70 https://doi.org/https://dx.doi.org/10.20961/bestuur.v11i1.71055 suhasti, ermi, siti djazimah, and hartini hartini, ‘polemics on interfaith marriage in indonesia between rules and practices’, al-jami’ah: journal of islamic studies, 56.2 (2019), 367–94 https://doi.org/10.14421/ajis.2018.562.367-394 tengku mahathir mas’ud, shariffah nuridah aishah binti syed nong mohamad and suyatno, ‘the district court ’ s approach in interfaith marriage’, media keadilan: jurnal ilmu hukum, 13.2 (2022), 283–95 https://doi.org/10.32890/jis.7.2011.7916 https://doi.org/10.22219/ljih.v29i2.14162 https://doi.org/10.32699/mq.v20i1.1615 https://doi.org/10.1093/icon/moy100 https://doi.org/10.23917/laj.v4i2.8015 https://doi.org/10.15294/ijicle.v3i1.43170 https://doi.org/10.31078/consrev722 https://doi.org/10.25134/unifikasi.v8i2.5166 https://doi.org/10.15294/ciils.v1i1.56711 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v11i1.71055 https://doi.org/10.14421/ajis.2018.562.367-394 issn 2807-2812 journal of human rights, culture and legal system 287 vol. 3, no. 2, july 2023, pp. 265-287 zaidah nur rosidah et.al (the government’s role in interfaith marriage rights) https://doi.org/https://doi.org/10.31764/jmk.v13i2.10730 towadi, melissa, ‘the application of sharia maqashid on the protection of the rights of minority of muslim rohingya in regional asean (indonesiamalaysia)’, journal of indonesian legal studies, 2.1 (2017), 43–54 https://doi.org/10.15294/jils.v2i01.16637 wahyuni, sri, resti dian luthviati, muhammad jihadul hayat, and utkarsh k. mishra, ‘the registration policy of interfaith marriage overseas for indonesian citizen’, bestuur, 10.1 (2022), 12 https://doi.org/10.20961/bestuur.v10i1.64330 warman, arifki budia, wahyu abdul jafar, musda asmara, sheikh adnan, and ahmed usmani, ‘reforming marriage registration policies in malaysia and indonesia’, bestuur, 11.1 (2023), 61–74 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.66320 https://doi.org/https:/doi.org/10.31764/jmk.v13i2.10730 https://doi.org/10.15294/jils.v2i01.16637 https://doi.org/10.20961/bestuur.v10i1.64330 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.66320 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 185 https://doi.org/10.53955/jhcls.v3i2.57 journalhumanrightslegalsystem@gmail.com the impact of covid-19 pandemic on effective electronic criminal trials: a comparative study orin gusta andini a*, mahendra putra kurniaa, nilasari b, garin bintang andikia afaculty of law, mulawarman university, sambaliung street, samarinda, indonesia. bfaculty of law, university of nottingham, nottingham, united kingdom. * corresponding author: oringusta@fh.unmul.ac.id 1. introduction the passage of law number 1 of 2023, indonesia currently has a new criminal law code book, which is a material criminal law in indonesian law. what constitutes "material criminal law" includes not only he specific acts that can be punished, but also the rules for carrying out the law and the basic principles upon which it is based. the criminal procedure code (kuhap), also recognized as law number 8 of 1981, serves as the legal foundation for the administration of criminal justice. the criminal procedural law in kuhp is a formal criminal law for courts within the general court environment and the supreme court that regulates the rights and obligations of those who are in criminal proceedings, so that the rule of law can be upheld on its fundamental basis. the criminal procedure code, as a a r t i c l e i n f o a b s t r a c t article history received: february 07, 2023. revised: march 3, 2023. accepted: may 8, 2023. the widespread spread of covid 19 influenced various aspects of life in all nations across the globe, including the effect on the judicial and penal systems. people were unable to appear in court because lockdowns were implemented, therefore, electronic court is a solution to such a challenge. this article aims to investigate how the widespread covid-19 epidemic has affected the efficiency of the of electronic criminal justice proceedings. in addition, this article describes the implementation of an electronic criminal justice system in another country due to the covid 19 pandemic. the research method employed is normative legal research through a statutory approach and a comparative approach between indonesia and the netherlands. the study found that the electronic criminal justice system has been implemented quite effectively, despite the fact that it was still encountering obstacles. in both indonesia and the netherlands, technological issues have posed obstacles to the implementation of electronic courts for criminal cases. this is an open-access article under the cc–by 4.0 license. keywords covid-19; criminal trials; electronic; effective; impact; mailto:journalhumanrightslegalsystem@gmail.com mailto:oringusta@fh.unmul.ac.id https://creativecommons.org/licenses/by/4.0/ 186 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) basic guideline for the conduct of criminal cases thus far, regulates only matters of a normal nature. it is important to note that merely committing an offence does not invariably make the individual criminally liable.1 the criminal justice system2 is part of the processes and agencies aimed at maintaining social control.3 pre-trial detention empowers criminal courts to imprison defendants before they have been convicted of an offence. this is a significant power which should be subject to a rigourous decision-making process.4 proof in the concept of procedural law is a very important condition, evidence to clarify a case a quo. however, the existence of a portrait of lawmaking which always limps along with the times, forces the law to be able to find its existence in the legal state of society.5 the law relating to evidence has undergone a massive change in the recent years with different types of evidence now being deemed admissible in a court of law.6 the courts as part of indonesian state institutions in the judicial field should not be left behind in maintaining services in the modern legal field for people seeking justice. the impression that the judicial process is haunted and closed must be eradicated through the use of technology7 in the area of electronic administration and trial services. the use of technology in the trial must not interfere with the concentration of the judicial apparatus as well, particularly independent judges in examining court files, which should not be interfered with by other state powers and the public in general.8 the globalization hugely influences the nation's existence as the eco nomic controller. economic, social, and political issues are mostly related to the nation's 1 mohd safri mohammed na’aim, ramalinggam rajamanickam, and rohaida nordin, ‘the right of an accused to defence under the criminal justice system in malaysia’, journal of nusantara studies (jonus), 7.1 (2022), 43–58 https://doi.org/10.24200/jonus.vol7iss1pp43-58 2 sigurd d’hondt, ‘why being there mattered: staged transparency at the international criminal court’, journal of pragmatics, 183 (2021), 168–78 https://doi.org/10.1016/j.pragma.2021.07.014 3 michael cavadino and others, the penal system, the psychology of crime, sixth (united kingdom: sage publications ltd, 2009) https://doi.org/10.1017/cbo9780511527821.011 4 tom smith, ‘the practice of pre-trial detention in england & wales changing law and changing culture’, european journal on criminal policy and research, 28.3 (2022), 435–49 https://doi.org/10.1007/s10610-022-09504-y 5 andi intan purnamasari and others, ‘the optimizing digital evidence: perspective of the criminal procedural law system’, proceedings of the 2021 tadulako’s international conference on social sciences (ticoss 2021), 674.ticoss 2021 (2022), 96–99 https://doi.org/10.2991/assehr.k.220707.022 6 harsh mahaseth, ‘when can electronic evidence be admitted in a court of law ?’, commonwealth law review journal, 8.2 (2000), 599–608 https://doi.org/2581-3382 7 paweł marcin nowotko, ‘ai in judicial application of law and the right to a court’, procedia computer science, 192 (2021), 2220–28 https://doi.org/10.1016/j.procs.2021.08.235 8dewantoro dewantoro, achmad busro, and ery agus priyono, ‘the role of electronic in actualizing a modern and accessible trial by a justice seeking community in indonesia’, in proceedings of the 1st international workshop on law, economics and governance (semarang: eudl european union digital library, 2023) https://doi.org/10.4108/eai.27-7-2022.2326248 https://doi.org/10.24200/jonus.vol7iss1pp43-58 https://doi.org/10.1016/j.pragma.2021.07.014 https://doi.org/10.1017/cbo9780511527821.011 https://doi.org/10.1007/s10610-022-09504-y https://doi.org/10.2991/assehr.k.220707.022 https://doi.org/2581-3382 https://doi.org/10.1016/j.procs.2021.08.235 https://doi.org/10.4108/eai.27-7-2022.2326248 issn 2807-2812 journal of human rights, culture and legal system 187 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) failure to undergo its roles well. as a legal institution, a state must not ignore the people into a position of incapability to fulfill their basic needs in providing basic social services.9 therefore, this has implications during the covid-19 pandemic. law is continuously changing, including in terms of the criminal justice system. in this case, the examination of witnesses in court must also adjust to the actual health conditions, mainly related to the covid-19 pandemic.10 the fast-paced nature of the pandemic meant that restrictions on public liberty and increased police powers to enforce the new ‘rules’ led to accusations of over-zealous enforcement behaviour of some officers.11 the covid-19 pandemic has spread globally and has continued to be a public health emergency for an extended period of time.12 the global13 health crisis caused by the covid-19 pandemic is an extraordinary phenomenon that fundamentally alters the order of human life, including the administration of law and justice. the government’s actions in response to the covid-19 pandemic, which has exacerbated already serious pre-existing issues. establishing a policy of large-scale social restrictions (psbb) is one of the indonesian government's methods for combating the spread of covid-19.14 a state's real commitment to its international human rights obligations is never more challenged than when it faces emergency situations.15 the conditions following the establishment of the psbb have had an impact on various aspects of people's lives, including aspects of law enforcement, particularly the criminal justice system, which must continue to be carried out in accordance with the applicable criminal justice principles, but must also adhere to the social restrictions guidelines. however, kuhp has not made legal provisions 9 khudzaifah dimyati and others, ‘indonesia as a legal welfare state: a prophetic-transcendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 10 suteki suteki, ‘examination of witnesses in criminal case trials during the covid-19 pandemic in progressive legal perspective’ (semarang: eaieuropean union digital library, 2023), p. 1 https://doi.org/10.4108/eai.27-7-2022.2326288 11camilla de camargo, ‘“we were the guinea pigs”: police uncertainty enforcing coronavirus regulations in the uk.’, international journal of law, crime and justice, 72.november 2022 (2023), 100566 https://doi.org/10.1016/j.ijlcj.2022.100566 12 marie ottilie frenkel and others, ‘the impact of the covid-19 pandemic on european police officers: stress, demands, and coping resources’, journal of criminal justice, 72.october 2020 (2021), 101756 https://doi.org/10.1016/j.jcrimjus.2020.101756 13jose m. jose and maria corazon a. de ungria, ‘death in the time of covid-19: efforts to restore the death penalty in the philippines’, forensic science international: mind and law, 2 (2021), 100054 https://doi.org/10.1016/j.fsiml.2021.100054 14kementerian koordinator bidang pembangunan manusia dan kebudayaan, ‘pembatasan sosial berskala besar | kementerian koordinator bidang pembangunan manusia dan kebudayaan’, kementrian koordinator bidang pembangunan manusia dan kebudayaan republik indonesia, 2019. 15 jill stavert and colin mckay, ‘scottish mental health and capacity law: the normal, pandemic and “new normal”’, international journal of law and psychiatry, 71.may (2020), 101593 https://doi.org/10.1016/j.ijlp.2020.101593 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.4108/eai.27-7-2022.2326288 https://doi.org/10.1016/j.ijlcj.2022.100566 https://doi.org/10.1016/j.jcrimjus.2020.101756 https://doi.org/10.1016/j.fsiml.2021.100054 https://doi.org/10.1016/j.ijlp.2020.101593 188 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) to address this issue, necessitating the development of a set of rules that can accommodate the process of resolving criminal cases in accordance with psbb policies, including electronic trials. the restrictions induced by the covid pandemic have caused to people all over the world many kinds of huge disruptions to daily life and working behaviors.16 in fact, it is not the first time that a trial in indonesia has used technology such as teleconferences. in 2002, a trial was held with rahardi ramelan as the defendant in criminal case number 354/pid.b/2002/pn. the south jakarta court questioned president b.j. habibie as a witness, who was in germany at the time, via teleconference. the electronic trial is very dependent on the use of technology. the use of information technology is also a manifestation of the salus populi suprema lex esto principle, which states that the safety of the people is the highest law, thus it is hoped that there will be integration between the realization of shared health and the fulfilment of the needs of justice seekers in a timely, transparent, accountable, and equitable manner. the policy for conducting criminal case trials remotely (via teleconference) utilizing information technology facilities was initially based on the 27 march 2020 letter of the director general of the general courts agency number 379/dju/ps.00/3/2020 based on the 26 march 2020 disposition of the chief justice of the supreme court. the development of courts through teleconferencing is comprised of two phases: the first is the technological development phase, which refers to the natural development of information technology and its disruption of the law enforcement dimension, and the second is the disruption phase, which was triggered by the covid-19 pandemic. the supreme court has issued supreme court regulation number 4 of 2020 concerning electronic administration and criminal trials in courts to further advance the use of information technology in court operations. in addition to court regulation no. 1 of 2019, which provides a legal basis for the implementation of electronic civil, civil religious, and administrative cases, court regulation no. 4 of 2020 provides a legal basis for conducting trials, including criminal trials that are not governed by the criminal procedure code. therefore, according to background that has been explained, this article will analyze the impact of the covid-19 pandemic on the efficacy of electronic criminal justice in indonesia and its comparison in the netherlands, which is envisaged to contribute new and useful knowledge to the implementation of electronic criminal justice. the netherlands are being used as a point of comparison because their legal system is comparable to that of indonesia. there have been a number of 16 ilenia bianchi and others, ‘a survey on forensic odontologists’ activity in italy during the covid-19 pandemic’, forensic science international, 345 (2023), 111638 https://doi.org/10.1016/j.forsciint.2023.111638 https://doi.org/10.1016/j.forsciint.2023.111638 issn 2807-2812 journal of human rights, culture and legal system 189 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) studies on similar topics, including electronic trials as an effort to modernize justice by dewi asimah, implementation of electronic criminal case trials during the covid-19 pandemic at the palembang city district court by sandy ersa arrasid, and the effectiveness of online criminal case trials during the covid-19 pandemic based on supreme court regulation no. 4 of 2020 by saharuddin pangkerego et al. however, none of these articles took a comparative approach to other countries, in the way that is provided in this article. 2. research method this paper employs doctrinal research, that focuses on legal rules and doctrines17 and completed with interviews.18 this article's approach, namely statutory and comparative study. statute approach is a type of legal research approach that uses legal sources, such as statutes, as the primary source for research on legal issues, and a comparative approach that compares the laws and court rulings of one country with those of another country or countries, though it is important to note that the laws and rulings being compared must pertain to the same topic. such comparisons are conducted with the goal of identifying similarities and differences between legal regulations or court decisions.19 the data sources consist of primary, secondary, and tertiary legal materials pertinent to the article's topic, including comparisons in the netherlands. thereafter, the legal materials are analyzed and described in a descriptively qualitative manner in order to provide an answer to the problem formulation.20 3. results and discussion the conditions for settlement of criminal acts in the pandemic era almost all countries in the world21 have now enforced coronavirus-related travel restrictions and border shutdowns.22 pandemic redefined our expectations of working, travelling and socializing. this transformative journey had been 17 bambang ali kusumo and others, ‘rethinking criminal law policies in taxation to overcome tax violations’, bestuur, 10.2 (2022), 159–82 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.62064 18 agus raharjo and others, ‘the legal policy of criminal justice bureaucracy cybercrime’, bestuur, 10.2 (2022), 105–22 https://doi.org/https://doi.org/10.20961/bestuur.v10i2.64498 19 sidik sunaryo and asrul ibrahim nur, ‘legal policy of anti-corruption supervisor design: a new anti-corruption model in indonesia’, bestuur, 10.2 (2022), 137–58 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.65105 20 nandang sutrisno and others, ‘the regulation of defendant’s religious identity in court decisions’, bestuur, 10.2 (2022), 85–104. https://doi.org/10.20961/bestuur.v10i2.61409 21 tariro kamuti, ‘covidisation of oppression: covid-19 and human rights violations in zimbabwe’, social sciences & humanities open, 6.1 (2022), 100374 https://doi.org/10.1016/j.ssaho.2022.100374 22 akm ahsan ullah, faraha nawaz, and diotima chattoraj, ‘locked up under lockdown: the covid-19 pandemic and the migrant population’, social sciences & humanities open, 3.1 (2021), 100126 https://doi.org/10.1016/j.ssaho.2021.100126 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.62064 https://doi.org/https:/doi.org/10.20961/bestuur.v10i2.64498 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.65105 https://doi.org/10.20961/bestuur.v10i2.61409 https://doi.org/10.1016/j.ssaho.2022.100374 https://doi.org/10.1016/j.ssaho.2021.100126 190 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) ac companied by a series of public health measures.23 according to the world health organization’s (who) coronavirus (covid-19) dashboard, as of 10 october 2022, over 6.5 million deaths worldwide have been attributed to the covid-19 pandemic. in response to the pandemic, countries across the globe engaged in the rapid and mass deployment of technological measures to monitor and contain the spread of covid-19 within and across national borders.24 the government and all sectors of society took numerous measures to halt the spread of covid-19, including the implementation of social distancing policies in the form of of large-scale or micro-scale social restrictions. this policy had restricted the mobility of the community, including judges, judicial officials, and litigants to the courtroom. this policy affected both case administration service activities and trials. therefore, the supreme court issued several policies in response to this situation.25 the criminal procedure code26 does not govern teleconference trials of criminal cases. this absence had been an impediment in the covid-19 pandemic situation, which employs social distancing policies to effectively stop the spread of the virus. therefore, in response to this predicament, the supreme court permitted criminal trials to be conducted remotely or via teleconference. this policy is outlined in the letter of the director general of the general court of justice, numbered 379/dju/ps.00/3/2020 and dated march 27, 2020, which was issued in accordance with the disposition of the chief justice of the supreme court, datedglo march 26, 2020. this rule establishes the first precedent for holding criminal trials through the use of teleconference. furthermore, to facilitate the efficient remote trial of criminal cases, a cooperation agreement (no. 402/dju/hm.01.1/4/2020 kep17/e/ejp/04/2020 pas-08.hh.05.05 year 2020) was signed between the supreme court, the attorney general's office of the republic of indonesia, and the ministry of law and human rights on april 13, 2020. the cooperation agreement authorizes the supreme court to hold trials in accordance with statutory regulations and provide adequate supporting facilities and infrastructure for district court teleconference trials. in addition, the public prosecutor's office has the authority and responsibility to carry out its role as public prosecutor in accordance with statutory regulations and to provide 23 olga kokoulina, ‘tell me who your contacts are, or what can we learn from standard setting in the context of covid-19 tracing apps’, computer law & security review, 48 (2023), 105802 https://doi.org/10.1016/j.clsr.2023.105802 24 marie helen maras, michelle d. miranda, and adam scott wandt, ‘the use of covid-19 contact tracing app data as evidence of a crime’, science and justice, 63.2 (2023), 158–63 https://doi.org/10.1016/j.scijus.2022.12.008 25 arifki budia warman and others, ‘reforming marriage registration policies in malaysia and indonesia’, bestuur, 11.1 (2023), 61–74 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.66320 26 tanto lailam and nita andrianti, ‘legal policy of constitutional complaints in judicial review: a comparison of germany, austria, hungary, and indonesia’, bestuur, 11.1 (2023), 75–94 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.70052 https://doi.org/10.1016/j.clsr.2023.105802 https://doi.org/10.1016/j.scijus.2022.12.008 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.66320 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.70052 issn 2807-2812 journal of human rights, culture and legal system 191 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) adequate supporting facilities and infrastructure for teleconference trials at the prosecutor's office. the ministry of law and human rights is responsible for carrying out the correctional sector's duties and functions in accordance with statutory regulations, preparing detainees and/or assisted citizens as defendants/witnesses in teleconference trials, and providing adequate supporting facilities and infrastructure. the cooperation agreement is in effect until the government lifts the covid-19 outbreak emergency.27 shortly thereafter, the supreme court issued supreme court regulation no. 4 of 2020 regarding the administration and trial of criminal cases in electronic courts, which strengthened the legal basis for teleconference trial arrangements. the enactment of supreme court number 4 of 2020, which applies to criminal, military, and jinayah cases, broadens access to electronic justice services to all cases. a year previously, the supreme court issued supreme court number 1 of 2019, whose scope is limited to civil, civil and religious, military, and state administration cases. the distinction between the two lies in their respective applicability. supreme court number 1 of 2019 is a choice of judicial services that applies in all circumstances, whereas supreme court number 4 of 2020 is a choice of services that applies only in particular situations. implementation of electronic criminal court in indonesia in supreme court regulation number 1 of 2020, the supreme court implemented a judicial technical reform in the area of criminal law. the ideas in supreme court regulation number 1 of 2020 for judicial technical reform include: first, redefining criminal administration electronically. the redefinition of criminal administration electronically is the process of delegating cases, receiving and numbering cases, setting trial dates, determining trial methods, sending summons/notifications, submitting objection documents, responding to objections, decisions/interlocutory decisions, demands, defense, replica e-mail, duplicates, verdicts, excerpts of decisions, and electronic delivery of decisions to prosecutors and investigators.28 electronic trials in criminal cases are a series of procedures by which courts examine, adjudicate, and decide the cases of defendants using information and communication technology, audio-visual, and other electronic means. in context of the outbreak of covid-19 there is a need for effective information exchange between law enforcement agencies. the need for intensified information exchange and gathering relevant data is necessary in order to tackle 27 ahmad siboy and others, ‘legal social justice in appointment non-definitive regional heads toward welfare state’, bestuur, 11.1 (2023), 144–70 https://doi.org/https://dx.doi.org/10.20961/bestuur.v11i1.71055 28 nishith prakash, marc rockmore, and yogesh uppal, ‘do criminally accused politicians affect economic outcomes? evidence from india’, journal of development economics, 141.july (2019), 102370 https://doi.org/10.1016/j.jdeveco.2019.102370 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v11i1.71055 https://doi.org/10.1016/j.jdeveco.2019.102370 192 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) organized crime.29 electronic administration and trial in criminal cases may be held under certain circumstances, including conditions that make it impossible to carry out the delegation of cases, the administration of cases, or the trial of cases in accordance with the procedures stipulated in the procedural law due to distance, natural disasters, disease outbreaks, or other circumstances deemed by the government to be a state of emergency, or other circumstances which, according to the panel of judges need to conduct trials electronically. electronic trials may be determined by the judge/judge panel due to their position, at the prosecutor's request, or at the request of the defendant/the defendant's legal counsel. second, redefining the courtroom considering electronic trials.30 in the context of electronic trials, the courtroom is redefined to include not only the courtroom itself, but also the prosecutor's office, detention center/correctional office, or other locations determined by the panel of judges/judges that are linked to one another via information technology facilities so that participants congregations can see and hear each other through audio-visual means with bright pictures and clear sound.31 this definition is clearly distinct from that of the criminal procedure code, which only defines courtroom trials. however, the examination of witnesses and/or experts in electronic trials continues to be conducted in the courtroom. third, electronic trial model. in electronic criminal proceedings, trial participants, including judges/judges' panel, substitute clerks, prosecutors, defendants or legal advisers, witnesses, and experts, can each conduct a trial in the courtroom of the courthouse, prosecutor's office, detention center or penitentiary, or other locations determined by the panel of judges. fourth, expansion of the electronic domicile definition. supreme court regulation number 1 of 2020 broadens the definition of electronic domiciles in terms of both users and facilities.32 the supreme court regulation number 4 of 2020 defines electronic domicile 29 gábor kemény and michal vít, ‘information exchange of law enforcement agencies within the eu in context of covid 19 outbreak’, social sciences & humanities open, 7.1 (2023), 100371 https://doi.org/10.1016/j.ssaho.2022.100371 30 anastasia baan, markus deli girik allo, and andi anto patak, ‘the cultural attitudes of a funeral ritual discourse in the indigenous torajan, indonesia’, heliyon, 8.2 (2022), e08925 https://doi.org/10.1016/j.heliyon.2022.e08925 31 saldi isra and others, ‘obstruction of justice in the effort to eradicate corruption in indonesia’, international journal of law, crime and justice, 51 (2017), 72–83 https://doi.org/10.1016/j.ijlcj.2017.07.001 32 rika kurniaty, ‘the features and future challenges of indonesian antimonopoly policy: lesson learned from japanese experience’, procedia environmental sciences, 17 (2013), 999–1006 https://doi.org/10.1016/j.proenv.2013.02.119 https://doi.org/10.1016/j.ssaho.2022.100371 https://doi.org/10.1016/j.heliyon.2022.e08925 https://doi.org/10.1016/j.ijlcj.2017.07.001 https://doi.org/10.1016/j.proenv.2013.02.119 issn 2807-2812 journal of human rights, culture and legal system 193 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) with messaging services in the form of verified accounts for investigators, prosecutors, courts, defendants/defendant units, legal advisors, witnesses, experts, detention centers, and prisons. the definition of messaging services includes electronic mail addresses (e-mail), whatsapp numbers, and sms numbers as information technology facilities that qualify for messaging services. courts, prosecutors, and prison administration all use email addresses as their electronic domicile, while a defendant's electronic domicile can be either an email address, a whatsapp number, or an sms number. the public prosecutor must submit information on the electronic domicile of trial participants when submitting case files to the court.33 the effects of the pandemic, the resolution of criminal cases during the covid19 pandemic continues with the emergence of responsive legal rules. the judicial powers act requires the court to assist those seeking justice and to overcome all obstacles in order to conduct a simple, quick, and inexpensive trial. this is evidenced by the number of criminal proceedings that have been conducted electronically. during the entire year of 2020, there were 115,455 cases of criminal litigation that were resolved through the use of electronic court proceedings. this number reached 57.75% when compared to the total non-traffic offense criminal cases handled by the district courts in 2020, which totaled 199,939 cases. 379 out of 382 district courts (99.21%) conducted remote criminal case trials (teleconference).34 table. 1 district court teleconference in 2020 no. district court cases 1 lubuk pakam district court 2.915 2 medan district court 2.553 3 jember district court 2.326 4 surabaya district court 2.294 5 tangerang district court 2.232 6 makassar district court 1.979 7 palembang district court 1.749 8 sidoarjo district court 1.410 9 tanjung karang district court 1.331 33 yoni fuadah syukriani, nita novita, and deni k. sunjaya, ‘development of forensic medicine in post reform indonesia’, journal of forensic and legal medicine, 58.april (2018), 56–63 https://doi.org/10.1016/j.jflm.2018.05.001 34 mahkamah agung republik indonesia, ‘laporan tahunan 2020 mahkamah agung republik indonesia: optimalisasi peradilan modern berkelanjutan’, 2021, 154. https://doi.org/10.1016/j.jflm.2018.05.001 194 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) 10 tulungagung district court 1.293 11 north jakarta district court 1.236 12 semarang district court 1.115 13 pekanbaru district court 1.105 14 east jakarta district court 1.075 15 banyuwangi district court 1.073 16 central jakarta district court 1.026 17 bandung district court 1.011 source: authors’ analysis table.1 provides a list of district courts that conducted more than 1,000 electronic trials of criminal cases in 2020. the supreme court, along with the attorney general of the republic of indonesia and the ministry of law and human rights, signed a cooperation agreement on 13 april 2020 for the effective remote trial of criminal cases. the agreement is numbered 402/dju/ hm.01.1/4/2020 – kep-17/e/ejp/04/2020 – pas-08. hh.05.05 of 2020. within six months, the supreme court issued supreme court regulation number 4 of 2020 concerning the administration and trial of criminal cases in courts electronically to strengthen the legal basis for teleconference trial arrangements. in 2020, there were 115,455 criminal cases whose trials were conducted electronically. this figure reached 57.75% when compared to the total number of criminal cases involving non-traffic offenses that the district courts handled in 2020, which came to 199,939 cases. moreover, 379 out of 382 district courts (99.21%) used video conferencing to conduct criminal trials (teleconference). table. 2 teleconference criminal trials in 2021 no. high court cases 1 surabaya district court 2.915 2 medan district court 2.553 3 bandung district court 2.326 4 banten district court 2.294 5 central java district court 2.232 6 district court palembang 1.979 7 makassar district court 1.749 8 pekanbaru district court 1.410 9 tanjung karang district court 1.331 10 east kalimantan district court 1.293 issn 2807-2812 journal of human rights, culture and legal system 195 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) 11 jambi district court 1.236 12 dki jakarta district court 1.115 13 banjarmasin district court 1.105 source: authors’ analysis table.2 depicts the number of high court electronic trials in 2021. the two tables demonstrate that the number of cases resolved by electronic trial is consistent, despite some challenges to its effectiveness. according to soejono soekanto, the effectiveness of law is influenced by five factors: legal or statutory factors, law enforcement factors, which include parties who make up or apply the law, factors of facilities or facilities that support law enforcement, community factors where the law applies or is applied, and cultural factors as a result of work, creativity, and emotions felt by humans in social life.35 as a result of the covid-19 pandemic on electronically conducted criminal trials,36 the legal factor in achieving legal effectiveness was extremely influential, as the criminal procedure code initially only regulated the trial of criminal cases in courtrooms, necessitating a regulatory basis for electronic trials. at that time, the most likely option was to issue a supreme court regulation, although there was also the option to revise the criminal procedure code, which would have taken a considerable amount of time while the number of criminal cases in court continued to rise. the emergence of supreme court 4 of 2020 has a significant impact on the implementation of law enforcement because it serves as the legal foundation for electronic or teleconference criminal trials. according to soerjono soekanto's theory of legal effectiveness, the effectiveness of electronic trial proceedings is influenced by a number of factors, such as the implementation of supreme court 4/2020, which has consequences for differences from the criminal procedure code, particularly those related to the implementation of electronic trials, which are still relatively closed because access to follow the trial process electronically is restricted to the parties to the dispute and their attorneys. this is contrary to article 153 paragraph 3 of the criminal procedure code and article 13 paragraph 1 of the law on judicial power, which mandate that trials be held in public, with the exception of cases involving decency and juvenile crime, for which the law specifies otherwise.37 according to interviews conducted with law enforcement officers on march 16, 2023, electronic trial of criminal cases has not been supported by adequate facilities. moreover, electronic trials are susceptible to vulnerabilities, such as the security of sending electronic documents, technical audio, and network disturbances, which can occur during a 35 fuzi narindrani, ‘penyelesaian korupsi dengan menggunakan restoratif justice (corruption settlement using justice restoratives)’, jurnal penelitian hukum de jure, 20.4 (2020), 605–17 https://doi.org/http://dx.doi.org/10.30641/dejure.2020.v20.605-617 36 joko sriwidodo, ‘perkembanganregulasi dan urgensi e-litigasi di era pandemi corona virus disease-19’, kertha patrika, 3.2 (2021), 267 https://doi.org/10.35817/jpu.v3i2.12535 37 dimyati and others. https://doi.org/http:/dx.doi.org/10.30641/dejure.2020.v20.605-617 https://doi.org/10.35817/jpu.v3i2.12535 196 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) trial.38 according to giovanni, the kotamobagu district court judge of north sulawesi, electronic or teleconference case trials were necessary because of the covid-19. however, in practice, the limitations encountered were more related to the facilities or resources employed, such as inadequate equipment in terms of quantity and unstable connectivity, which led to the postponement of several trials. according to the ombudsman's 2020 annual report, 215 complaints were about postponement of cases that were resolved slowly, 117 were about the district court's incompetence in justice system performance, and 115 were about the postponement of hearings.39 the effectiveness of electronic criminal trials is also impacted by insufficient technology and internet infrastructure, which is a common topic of discussion in online forums that examine the limitations of electronic criminal trials.40 according to judge jerry thomas of the north penajam paser district court, even though there has been a change in the situation and conditions as a result of covid-19 with the shift from traditional courtroom trials to electronic means, law enforcement officials and members of the public who are litigating in court are required to switch to using electronic means in accordance with regulation 4/2020. in addition to the devices used, conducting electronic trials involves coordination during trial preparation, as trial coordination involves the prosecutor's office and prisons, necessitating expertise in the field of technology to carry out electronic trial preparations in a timely manner and with minimal technical disruption. according to afdalis, a lawyer at the kalinta & co law firm in jakarta, electronic trials are very appropriate during the covid-19 pandemic, although there are a few challenges for lawyers in the form of not all things being able to be discussed electronically by clients and lawyers, requiring him and his client to meet in person under certain circumstances. the obstacles encountered by afdalis as a legal advisor indicate that electronic criminal trials also have an impact on the fulfillment of suspects' rights, where the suspect and legal counsel are not enabled direct consultations in virtual court.41 in fact, such a trial violated the accused's rights under the fair trial principle. this is essentially comparable to what nurul mutmainna, an attorney with nm & partners law office in makassar city, said. however, nurul mutmainna believes that electronic trials are extremely helpful despite implementation issues caused by unstable internet networks and the 38 ferry fathurokhman, ‘the necessity of restorative justice on juvenile delinquency in indonesia, lessons learned from the raju and aal cases’, procedia environmental sciences, 17 (2013), 967–75 https://doi.org/10.1016/j.proenv.2013.02.115 39 sabrina umi khabibah, ma’rifatul ula, and gandar mahojwala, ‘psychological autopsy: future implementation in indonesia?’, forensic science international: mind and law, 3.july 2021 (2022), 100107 https://doi.org/10.1016/j.fsiml.2022.100107 40 julie sherman and others, ‘orangutan killing and trade in indonesia: wildlife crime, enforcement, and deterrence patterns’, biological conservation, 276.november 2021 (2022), 109744 https://doi.org/10.1016/j.biocon.2022.109744 41 natalia widiasih raharjanti and others, ‘translation, adaptation, validity and reliability of multidimensional emotion questionnaire for indonesian forensic psychiatry context’, heliyon, 9.3 (2023), e13787 https://doi.org/10.1016/j.heliyon.2023.e13787 https://doi.org/10.1016/j.proenv.2013.02.115 https://doi.org/10.1016/j.fsiml.2022.100107 https://doi.org/10.1016/j.biocon.2022.109744 https://doi.org/10.1016/j.heliyon.2023.e13787 issn 2807-2812 journal of human rights, culture and legal system 197 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) limited ability of the accused to meet with his legal representation in person. however, electronic trials as a result of covid-19 are thought to be a win-win solution because the client must right away obtain legal certainty through a court decision.42 it can be concluded that electronic criminal case trials have proceeded as stipulated in the supreme court number 4/2020 as the legal basis for electronic criminal case trials. however, there are still constraints on aspects of implementation, such as devices and internet networks. in the future, it is hoped that the government will make efforts to support the implementation of electronic criminal trials by providing adequate facilities, strengthening the legal substance that forms the basis for holding electronic criminal trials in the draft criminal procedure code, and enhancing the technological proficiency of human resources and law enforcement officials. thus, that criminal law enforcement through electronic trials becomes more effective.43 the impact of the implementation of the e-court on criminal cases in the netherlands the covid-19 pandemic has significantly affected healthcare systems and daily well-being.44 the extension of remote forms of employment, education and communication during the covid-19 pandemic was expected to bridge the digital divide in 2020. however, more digitally developed countries have shown a reduction of internet use.45 the call to work from home was one of the measures taken by the dutch government. almost 50% of the dutch workers did so. although working from home was already common in the netherlands, the number of homeworkers and the number of hours they worked from home increased significantly. this paper pro vides an overview of changes in working conditions and health of homeworkers in the netherlands between 2019 (precovid-19) and march 2021.46 electronic courts have emerged as a top priority for judicial systems all over the world. when a delegation from the supreme court visited the hoge raad in the netherlands, they expressed their commitment that they would digitize the 42 mercedes rosello, ‘regional fishery management organisation measures and the imposition of criminal and administrative sanctions in respect of high seas fishing’, marine policy, 144.june (2022), 105213 https://doi.org/10.1016/j.marpol.2022.105213 43 maryja šupa, vytautas kaktinas, and aistė rinkevičiūtė, ‘computer-dependent or computerassisted? the social context of online crime in lithuanian court judgements’, international journal of law, crime and justice, 73.november 2022 (2023), 100577 https://doi.org/10.1016/j.ijlcj.2023.100577 44 x. d. yao and others, ‘impacts of covid-19 pandemic on preterm birth: a systematic review and meta-analysis’, public health, 213 (2022), 127–34 https://doi.org/10.1016/j.puhe.2022.10.015 45 grishchenko natalia, ‘an inverted digital divide during covid-19 pandemic? evidence from a panel of eu countries’, telematics and informatics, 72.june (2022), 101856 https://doi.org/10.1016/j.tele.2022.101856 46 noortje wiezer and others, ‘special session 52 young workers our future workforce needs osh attention now !’, safety and health at work, 13 (2022), 578 https://doi.org/10.1016/j.shaw.2021.12.983 https://doi.org/10.1016/j.marpol.2022.105213 https://doi.org/10.1016/j.ijlcj.2023.100577 https://doi.org/10.1016/j.puhe.2022.10.015 https://doi.org/10.1016/j.tele.2022.101856 https://doi.org/10.1016/j.shaw.2021.12.983 198 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) courts beginning in february 2017.47 in the netherlands, victim awareness grew from the 1970s onwards owing to emancipation and the increase in crime and victimization rates. since 1994, the netherlands have laid the foundation for a discussion of the use of information technology in its courts. the association of dutch judges nvvr took the initiative to lay this foundation, which was then utilized by the ministry of justice, which is responsible for providing information technology to the courts in the netherlands.48 the implementation of teleconferencing in the criminal case process in the netherlands is not new phenomenon, as it was in indonesia, but its use has increased since the outbreak of covid-19. the use of teleconferences in the netherlands is governed by article 78a of the dutch criminal code and article 131a of the dutch criminal procedure code. staatsblad 2006 number 610 was amended by staatsblad 2020 number 101, which permits the use of teleconferences in the negotiation of various types of criminal case settlements. in the dutch inquisitorial system, judges rely heavily on the case file containing all evidence collected in the pretrial investigation. in contrast to adversarial jurisdictions where the evidence is presented during a trial in accordance with strict rules of evidence, dutch criminal judges are instantly exposed to all information relevant both for the decision about guilt and for subsequent decisions about criminal responsibility and sentencing.49 however, the use of teleconferences is also problematic in the netherlands because they are deemed to violate the accused's right to appear before the court in person.50 the dutch government passed the temporary law on justice and security for covid-19 in the midst of the pandemic (tijdelijke wet covid-19 justitie en veiligheid). in this provision, it is stated that physical examination in civil, administrative, and criminal proceedings may be conducted temporarily through the use of electronic means.51 the justice and security temporary law covid-19, which went into effect on april 24, 2020, has expanded the scope of video conferencing. prior to this regulation, in accordance with article 2(1) of the videoconference decree, the accused had a right of consent as a condition for the 47 pengadilan tinggi tata usaha negara denpasar, ‘untuk digitalisasi pengadilan di belanda dan belgia, sejumlah uu diubah ptun-denpasar’, ptun denpasar, 2016. 48 nieke a. elbers and others, ‘the role of victims’ lawyers in criminal proceedings in the netherlands’, european journal of criminology, 19.4 (2022), 830–48 https://doi.org/10.1177/1477370820931851 49 roosmarijn van es and others, ‘the effects of forensic mental health reports on decisions about guilt in the netherlands: an experimental approach’, international journal of law and psychiatry, 8.1 (2022), 12 https://doi.org/https://doi.org/10.1016/j.ijlp.2021.101760 50 edwin ligasetiawan and febby mutiara nelson, ‘prinsip kehadiran terdakwa pada persidangan pidana elektronik di masa pandemi covid-19 : perbandingan indonesia dan belanda’, undang: jurnal hukum, 5.1 (2022), 69–103 https://doi.org/10.22437/ujh.5.1.69-103 51 ligasetiawan and nelson. https://doi.org/10.1177/1477370820931851 https://doi.org/https:/doi.org/10.1016/j.ijlp.2021.101760 https://doi.org/10.22437/ujh.5.1.69-103 issn 2807-2812 journal of human rights, culture and legal system 199 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) use of videoconference in both his arraignment and in the substantive hearing in front of the three-judge chamber. however, as a response to covid-19, the temporary law on justice and security does not apply this rule anymore. electronic communication is now generally permitted to be used more frequently by the judiciary. since video call technology is sufficient, video links or video conferencing are already used for oral proceedings and may be used more frequently in the future, for example, to eliminate the need for attorneys or other parties to appear in person. the netherlands relied heavily on videoconferencing prior to the corona crisis to hear witnesses and experts, aid interpreters, make decisions on pretrial detention, and seek legal aid for hearing witnesses in the setting of global cooperation.52 the electronic criminal trials in the netherlands: challenges or opportunities? the videoconferencing increased during covid 19, lawyers and court reporters, however, began to criticize it in the (social) media. in a letter to a national newspaper, criminal defense attorney tamara buruma argued that the use of videoconferencing in courtroom proceedings violated the principle of a fair trial, particularly the principle of equality of arms.53 the principle of equality of arms is based on the notion that every individual is entitled to equal interest and equal respect from the state; consequently, all parties to a dispute must be treated equally and should be afforded equal trial opportunities.54 therefore, in a criminal55 case, both the public prosecutor and the defendant must have equal opportunities before the court. this shares the same views as the european court of human rights, which has ruled that an accused's right to be present at his trial is one of the accused's most fundamental rights in a criminal proceeding.56 therefore, a violation of human rights occurs when such rights are not fulfilled. it is believed that videoconferencing puts defendants in a disadvantageous position because it reduces their ability to convince jurors and judges during the 52 pierpaolo gori and aniel pahladsingh, ‘fundamental rights under covid-19: an european perspective on videoconferencing in court’, era forum, 21.4 (2021), 561–77 https://doi.org/10.1007/s12027-020-00643-5 53 gabry vanderveen, ‘remote justice: a visual essay on the response of the dutch justice system to the covid-19 pandemic’, de rechstpraak, 0.0 (2022), 1–4 https://doi.org/10.1080/1472586x.2022.2050941 54 akif yıldırım and ayhan kılıç, ‘anayasa mahkemesi ve avrupa i̇nsan hakları mahkemesi kararları işığında silahların eşitliği i̇lkesi’, journal of penal law and criminology / ceza hukuku ve kriminoloji dergisi, 9.2 (2021), 341–411 https://doi.org/10.26650/jplc2021-1010290 55 david bright, russell brewer, and carlo morselli, ‘reprint of: using social network analysis to study crime: navigating the challenges of criminal justice records’, social networks, 69.february (2022), 235–50 https://doi.org/10.1016/j.socnet.2022.01.008 56 matt pollard, videoconferencing, courts and covid-19 recommendations based on international standards (switzerland, 2020). https://doi.org/10.1007/s12027-020-00643-5 https://doi.org/10.1080/1472586x.2022.2050941 https://doi.org/10.26650/jplc2021-1010290 https://doi.org/10.1016/j.socnet.2022.01.008 200 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) proceedings. significant cybersecurity and threat intelligence analysts agree that online criminal activity is increasing exponentially.57 researchers from the universities of leiden, utrecht, and radboud found that the vast majority of criminal law detainees had a negative reaction to the transition from in-person to online hearings. along with connectivity issues and time constraints, detainees also cited the absence of direct and private communication with the attorney as a significant drawback.58 in a survey by free trials and justicia european rights network, lawyers voiced similar concerns, saying that while screens were put up between police and suspects, they were not given the same facility when meeting with their clients.59 this trend tends to violate article 14 (3) (b) of the international covenant on civil and political rights, which states that "everyone charged with a criminal60 offense has the right to adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing". according to a study conducted by leidenlawblog in partnership with advocatenblad and the research firm tangram, approximately 485 lawyers responded to a shared questionnaire regarding the satisfaction level with video hearings.61 the figure will be shown below. graphic. 1 57 giuseppe cascavilla, damian a. tamburri, and willem jan van den heuvel, ‘cybercrime threat intelligence: a systematic multi-vocal literature review’, computers and security, 105 (2021), 102258 https://doi.org/10.1016/j.cose.2021.102258 58 university utrecht, courts had to improvise during the corona crisis news utrecht university (the netherlands: utrecht university, 2022). 59 fair trials justicia, justice under lockdown in europe: a survey on the impact of covid-19 on defence rights in europe (london, 2020). 60 alicia bannon and janna adelstein, the impact of video proceedings on fairness and access to justice in court, brennan center for justice (new york, 2020). 61 sigid van wingerden and gabry vanderveen, ‘lawyers’ experiences with remote justice leiden law blog’, leidenlawblog, 2020. https://doi.org/10.1016/j.cose.2021.102258 issn 2807-2812 journal of human rights, culture and legal system 201 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% satisfied or very satisfied neither dissatisfied or satisfied dissatisfied or very dissatisfied don’t know satisfication of video hearing series 1 source: author’s analysis of leiden law blog according to the graph, the number of lawyers who were dissatisfied with video conference in case proceedings outnumbered those who were satisfied. moreover, the study reveals that nearly one-fourth of the attorneys were dissatisfied with their participation in determining the type of hearing and the scheduling of video court sessions. and nearly a third were dissatisfied due to technological issues, such as poor connections, poor sound, or the inability to capture all parties on screen. the 45-minute time limit set by prisons for court hearings was another source of discontent.62 the dutch attorneys also provide instances of a hurried hearing where the lawyer was unable to question a witness over the video conference, and another where the hearing went on without the suspect.63 as a result, the suspect and his attorneys are in a worse position, given that the attorneys play a significant part in defending the suspect's rights and also in examining evidence, including statement from witnesses. during the trial, if the attorney and the defendant are kept physically apart from one another, it will, without a doubt, make it more difficult for the attorney to communicate in confidence with the client. since both parties will not be in the same location, it will be significantly more challenging to communicate with one another and ask questions during the trial.64 62 wingerden and vanderveen. 63 justicia. 64 d. l. f. de vocht, ‘trials by video link after the pandemic: the pros and cons of the expansion of virtual justice’, china-eu law journal, 8.1–2 (2022), 33–44 https://doi.org/10.1007/s12689-02200095-9 https://doi.org/10.1007/s12689-022-00095-9 https://doi.org/10.1007/s12689-022-00095-9 202 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) the trend toward digitization cannot be overlooked. however, the lack of faceto-face contact caused by electronic trials eliminates nonverbal cues such as body language, tone of voice, and facial expression, which are important in some cases, particularly criminal cases.65 in court, especially when hearing the statements of witnesses, victims, or suspects, body language and other physical gestures are necessary for determining the veracity of the evidence given. opponents may claim that this belief is bizarre. in some ways, virtual hearing was superior to inperson communication, for example when examining the witness. the gesture can be seen very clearly from the virtual hearing, in contrast to the physical courtroom, where it is difficult to see from many meters away.66 referring to psychological principle, these nonverbal signals can indicate whether a statement is true or false. nonetheless, this will be a challenge in electronic trials. this does not imply that the judges cannot see the victim's or suspect's gesture through videoconferencing. however, the accuracy of the gesture in relation to their initial psychological state is open to question. being physically present at a trial has a different atmosphere than simply watching it on a screen, as if it were being conducted digitally. therefore, it is daunting to determine whether a given expression represents the actual manifestation of psychological conditions. according to professor sara landstrom, who studied children's video testimonies and coined the term "vividness effect," face-to-face immediacy makes testimonies more vivid, credible, and memorable.67 given the digitalization of critical societal services and the increased use of digital devices by individuals.68 one of the most important manifestations of the use of computer and communication technologies is the creation of an electronic trial system.69 other obstacles to video conferencing in dutch criminal courts include technological issues and equipment malfunctions. a recent study by the research and documentation centre (wodc), the knowledge center of the dutch ministry of justice and security, found that technology, equipment, connection, prison layout, protocols, and staff training must be improved to guarantee a suspect's rights. technical issues appear to be a problem in all countries. video hearings 65 emma van gelder, xandra kramer, and erlis themeli, access to justice in times of corona (netherlands, 2020). 66 giulia pinzauti and philippa webb, ‘litigation before the international court of justice during the pandemic’, leiden journal of international law, 34.4 (2021), 787–800 https://doi.org/10.1017/s0922156521000406 67 bannon and adelstein. 68 radina staykova, ‘the right to a fair trial as a conceptual framework for digital evidence rules in criminal investigations’, computer law & security review, 49.1 (2023), 33 https://doi.org/https://doi.org/10.1016/j.clsr.2023.105801 69 v.a.r.barao and others, ‘requirements for electronic trial about juveniles’, political sociology research, 33.1 (2022), 1–12 https://doi.org/10.30510/psi.2022.349315.3647 https://www.sciencedirect.com/topics/computer-science/digitalisation https://doi.org/10.1017/s0922156521000406 https://doi.org/https:/doi.org/10.1016/j.clsr.2023.105801 https://doi.org/10.30510/psi.2022.349315.3647 issn 2807-2812 journal of human rights, culture and legal system 203 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) cannot reach their full potential unless they are supported by adequate technical equipment and software that is both stable, user-friendly, and secure.70 however, electronic trials, particularly in the form of video conferencing, present opportunities in addition to the challenges they present. videoconferencing can improve the efficiency and effectiveness as found by a survey conducted by gary vanderveen and sigrid van wingerden. dutch attorneys believe that the use of videoconferencing in the judicial system could have a number of benefits, including a reduction in the amount of time spent waiting as well as increased speed and accuracy in decision-making. moreover, some criminal attorneys claim that their clients enjoy advantages, such as an alleviation of the stress associated with the journey from the prison to the courthouse. another benefit to using video proceedings is the savings they can provide financially. the cost of transporting inmates to and from the courtroom can be reduced significantly through the use of video conferencing.71 this will also lead to safety by eliminating any potential dangers or disruptions that may be posed to imprisoned accused, court staff, or law enforcement personnel.72 this is extremely important, particularly for the case that garners a lot of public attention. 4. conclusion the establishment of rules within the judicial system that are able to react to covid 19 is absolutely necessary, and one of these rules should be the use of electronic court. it is a generally accepted fact that electronic trials contribute to increased productivity and accuracy as shown in indonesia and the netherlands. nevertheless, the challenges must not be disregarded. both indonesia and the netherlands face the challenge of having to deal with technological problems and a lack of appropriate facilities. however, the responses given by the suspect and the attorneys make a significant difference. electronic court was seen as beneficial by attorneys practicing in indonesia; however, attorneys practicing in the netherlands argued that it violates the rights of the accused. even though videoconferencing at the time of covid 19 was necessary, further research should be conducted on its long-term adoption. references baan, anastasia, markus deli girik allo, and andi anto patak, ‘the cultural attitudes of a funeral ritual discourse in the indigenous torajan, indonesia’, heliyon, 8.2 (2022), e08925 https://doi.org/10.1016/j.heliyon.2022.e08925 bannon, alicia, and janna adelstein, the impact of video proceedings on fairness and 70 anne sanders, ‘video-hearings in europe before , during and after the covid-19 pandemic’, international journal of court administration, 12.2 (2020), 1–21 https://doi.org/10.36745/ijca.379 71 jenia i turner and others, ‘remote criminal justice’, texas tech law review, 53.197 (2021). 72 ibid https://doi.org/10.1016/j.heliyon.2022.e08925 https://doi.org/10.36745/ijca.379 204 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) access to justice in court, brennan center for justice (new york, 2020) bianchi, ilenia, francesco pradella, giulia vitale, stefano de luca, fiorella pia castello, martina focardi, and others, ‘a survey on forensic odontologists’ activity in italy during the covid-19 pandemic’, forensic science international, 345 (2023), 111638 https://doi.org/10.1016/j.forsciint.2023.111638 board, fair trials, vision , mission , principles and advocacy areas approved by the fair trials board (united kingdom, 2022) bright, david, russell brewer, and carlo morselli, ‘reprint of: using social network analysis to study crime: navigating the challenges of criminal justice records’, social networks, 69.february (2022), 235–50 https://doi.org/10.1016/j.socnet.2022.01.008 de camargo, camilla, ‘“we were the guinea pigs”: police uncertainty enforcing coronavirus regulations in the uk.’, international journal of law, crime and justice, 72.november 2022 (2023), 100566 https://doi.org/10.1016/j.ijlcj.2022.100566 cascavilla, giuseppe, damian a. tamburri, and willem jan van den heuvel, ‘cybercrime threat intelligence: a systematic multi-vocal literature review’, computers and security, 105 (2021), 102258 https://doi.org/10.1016/j.cose.2021.102258 cavadino, michael, james dignan, george mair, and jamie bennett, the penal system, the psychology of crime, sixth (united kingdom: sage publications ltd, 2009) https://doi.org/10.1017/cbo9780511527821.011 d’hondt, sigurd, ‘why being there mattered: staged transparency at the international criminal court’, journal of pragmatics, 183 (2021), 168–78 https://doi.org/10.1016/j.pragma.2021.07.014 dewantoro, dewantoro, achmad busro, and ery agus priyono, ‘the role of electronic in actualizing a modern and accessible trial by a justice seeking community in indonesia’, in proceedings of the 1st international workshop on law, economics and governance (semarang: eudl european union digital library, 2023) https://doi.org/10.4108/eai.27-7-2022.2326248 dimyati, khudzaifah, haedar nashir, elviandri elviandri, absori absori, kelik wardiono, and arief budiono, ‘indonesia as a legal welfare state: a prophetic-transcendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 elbers, nieke a., sonja meijer, iris m. becx, arlette j.j.g. schijns, and arno j. akkermans, ‘the role of victims’ lawyers in criminal proceedings in the netherlands’, european journal of criminology, 19.4 (2022), 830–48 https://doi.org/10.1177/1477370820931851 https://doi.org/10.1016/j.forsciint.2023.111638 https://doi.org/10.1016/j.socnet.2022.01.008 https://doi.org/10.1016/j.ijlcj.2022.100566 https://doi.org/10.1016/j.cose.2021.102258 https://doi.org/10.1017/cbo9780511527821.011 https://doi.org/10.1016/j.pragma.2021.07.014 https://doi.org/10.4108/eai.27-7-2022.2326248 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.1177/1477370820931851 issn 2807-2812 journal of human rights, culture and legal system 205 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) es, roosmarijn van, jan de keijser, maarten kunst, and janne van doorn, ‘the effects of forensic mental health reports on decisions about guilt in the netherlands: an experimental approach’, international journal of law and psychiatry, 8.1 (2022), 12 https://doi.org/https://doi.org/10.1016/j.ijlp.2021.101760 fathurokhman, ferry, ‘the necessity of restorative justice on juvenile delinquency in indonesia, lessons learned from the raju and aal cases’, procedia environmental sciences, 17 (2013), 967–75 https://doi.org/10.1016/j.proenv.2013.02.115 frenkel, marie ottilie, laura giessing, sebastian egger-lampl, vana hutter, raoul r.d. oudejans, lisanne kleygrewe, and others, ‘the impact of the covid-19 pandemic on european police officers: stress, demands, and coping resources’, journal of criminal justice, 72.october 2020 (2021), 101756 https://doi.org/10.1016/j.jcrimjus.2020.101756 gelder, emma van, xandra kramer, and erlis themeli, access to justice in times of corona (netherlands, 2020) gori, pierpaolo, and aniel pahladsingh, ‘fundamental rights under covid-19: an european perspective on videoconferencing in court’, era forum, 21.4 (2021), 561–77 https://doi.org/10.1007/s12027-020-00643-5 isra, saldi, yuliandri, feri amsari, and hilaire tegnan, ‘obstruction of justice in the effort to eradicate corruption in indonesia’, international journal of law, crime and justice, 51 (2017), 72–83 https://doi.org/10.1016/j.ijlcj.2017.07.001 jose, jose m., and maria corazon a. de ungria, ‘death in the time of covid-19: efforts to restore the death penalty in the philippines’, forensic science international: mind and law, 2 (2021), 100054 https://doi.org/10.1016/j.fsiml.2021.100054 justicia, fair trials, justice under lockdown in europe: a survey on the impact of covid-19 on defence rights in europe (london, 2020) kamuti, tariro, ‘covidisation of oppression: covid-19 and human rights violations in zimbabwe’, social sciences & humanities open, 6.1 (2022), 100374 https://doi.org/10.1016/j.ssaho.2022.100374 kementerian koordinator bidang pembangunan manusia dan kebudayaan, ‘pembatasan sosial berskala besar | kementerian koordinator bidang pembangunan manusia dan kebudayaan’, kementrian koordinator bidang pembangunan manusia dan kebudayaan republik indonesia, 2019 kemény, gábor, and michal vít, ‘information exchange of law enforcement agencies within the eu in context of covid 19 outbreak’, social sciences & humanities open, 7.1 (2023), 100371 https://doi.org/10.1016/j.ssaho.2022.100371 https://doi.org/https:/doi.org/10.1016/j.ijlp.2021.101760 https://doi.org/10.1016/j.proenv.2013.02.115 https://doi.org/10.1016/j.jcrimjus.2020.101756 https://doi.org/10.1007/s12027-020-00643-5 https://doi.org/10.1016/j.ijlcj.2017.07.001 https://doi.org/10.1016/j.fsiml.2021.100054 https://doi.org/10.1016/j.ssaho.2022.100374 https://doi.org/10.1016/j.ssaho.2022.100371 206 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) khabibah, sabrina umi, ma’rifatul ula, and gandar mahojwala, ‘psychological autopsy: future implementation in indonesia?’, forensic science international: mind and law, 3.july 2021 (2022), 100107 https://doi.org/10.1016/j.fsiml.2022.100107 kokoulina, olga, ‘tell me who your contacts are, or what can we learn from standard setting in the context of covid-19 tracing apps’, computer law & security review, 48 (2023), 105802 https://doi.org/10.1016/j.clsr.2023.105802 kurniaty, rika, ‘the features and future challenges of indonesian antimonopoly policy: lesson learned from japanese experience’, procedia environmental sciences, 17 (2013), 999–1006 https://doi.org/10.1016/j.proenv.2013.02.119 kusumo, bambang ali, siti marwiyah, nur rohim yunus, and stefan koos, ‘rethinking criminal law policies in taxation to overcome tax violations’, bestuur, 10.2 (2022), 159–82 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.62064 lailam, tanto, and nita andrianti, ‘legal policy of constitutional complaints in judicial review: a comparison of germany, austria, hungary, and indonesia’, bestuur, 11.1 (2023), 75–94 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.70052 ligasetiawan, edwin, and febby mutiara nelson, ‘prinsip kehadiran terdakwa pada persidangan pidana elektronik di masa pandemi covid-19 : perbandingan indonesia dan belanda’, undang: jurnal hukum, 5.1 (2022), 69– 103 https://doi.org/10.22437/ujh.5.1.69-103 mahaseth, harsh, ‘when can electronic evidence be admitted in a court of law ?’, commonwealth law review journal, 8.2 (2000), 599–608 https://doi.org/2581-3382 mahkamah agung republik indonesia, ‘laporan tahunan 2020 mahkamah agung republik indonesia: optimalisasi peradilan modern berkelanjutan’, 2021, 154 maras, marie helen, michelle d. miranda, and adam scott wandt, ‘the use of covid-19 contact tracing app data as evidence of a crime’, science and justice, 63.2 (2023), 158–63 https://doi.org/10.1016/j.scijus.2022.12.008 mohammed na’aim, mohd safri, ramalinggam rajamanickam, and rohaida nordin, ‘the right of an accused to defence under the criminal justice system in malaysia’, journal of nusantara studies (jonus), 7.1 (2022), 43–58 https://doi.org/10.24200/jonus.vol7iss1pp43-58 narindrani, fuzi, ‘penyelesaian korupsi dengan menggunakan restoratif justice (corruption settlement using justice restoratives)’, jurnal penelitian hukum de jure, 20.4 (2020), 605–17 https://doi.org/10.1016/j.fsiml.2022.100107 https://doi.org/10.1016/j.clsr.2023.105802 https://doi.org/10.1016/j.proenv.2013.02.119 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.62064 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.70052 https://doi.org/10.22437/ujh.5.1.69-103 https://doi.org/2581-3382 https://doi.org/10.1016/j.scijus.2022.12.008 https://doi.org/10.24200/jonus.vol7iss1pp43-58 issn 2807-2812 journal of human rights, culture and legal system 207 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) https://doi.org/http://dx.doi.org/10.30641/dejure.2020.v20.605-617 natalia, grishchenko, ‘an inverted digital divide during covid-19 pandemic? evidence from a panel of eu countries’, telematics and informatics, 72.june (2022), 101856 https://doi.org/10.1016/j.tele.2022.101856 nowotko, paweł marcin, ‘ai in judicial application of law and the right to a court’, procedia computer science, 192 (2021), 2220–28 https://doi.org/10.1016/j.procs.2021.08.235 pinzauti, giulia, and philippa webb, ‘litigation before the international court of justice during the pandemic’, leiden journal of international law, 34.4 (2021), 787–800 https://doi.org/10.1017/s0922156521000406 pollard, matt, videoconferencing, courts and covid-19 recommendations based on international standards (switzerland, 2020) prakash, nishith, marc rockmore, and yogesh uppal, ‘do criminally accused politicians affect economic outcomes? evidence from india’, journal of development economics, 141.july (2019), 102370 https://doi.org/10.1016/j.jdeveco.2019.102370 purnamasari, andi intan, supriyadi supriyadi, aminuddin kasim, and sulbadana sulbadana, ‘the optimizing digital evidence: perspective of the criminal procedural law system’, proceedings of the 2021 tadulako’s international conference on social sciences (ticoss 2021), 674.ticoss 2021 (2022), 96–99 https://doi.org/10.2991/assehr.k.220707.022 raharjanti, natalia widiasih, tjhin wiguna, agus purwadianto, diantha soemantri, wresti indriatmi, elizabeth kristi poerwandari, and others, ‘translation, adaptation, validity and reliability of multidimensional emotion questionnaire for indonesian forensic psychiatry context’, heliyon, 9.3 (2023), e13787 https://doi.org/10.1016/j.heliyon.2023.e13787 raharjo, agus, rahadi wasi bintoro, nurani ajeng, tri utami, and masahiro suzuki, ‘the legal policy of criminal justice bureaucracy cybercrime’, bestuur, 10.2 (2022), 105–22 https://doi.org/https://doi.org/10.20961/bestuur.v10i2.64498 rosello, mercedes, ‘regional fishery management organisation measures and the imposition of criminal and administrative sanctions in respect of high seas fishing’, marine policy, 144.june (2022), 105213 https://doi.org/10.1016/j.marpol.2022.105213 sanders, anne, ‘video-hearings in europe before , during and after the covid19 pandemic’, international journal of court administration, 12.2 (2020), 1–21 https://doi.org/10.36745/ijca.379 https://doi.org/http:/dx.doi.org/10.30641/dejure.2020.v20.605-617 https://doi.org/10.1016/j.tele.2022.101856 https://doi.org/10.1016/j.procs.2021.08.235 https://doi.org/10.1017/s0922156521000406 https://doi.org/10.1016/j.jdeveco.2019.102370 https://doi.org/10.2991/assehr.k.220707.022 https://doi.org/10.1016/j.heliyon.2023.e13787 https://doi.org/https:/doi.org/10.20961/bestuur.v10i2.64498 https://doi.org/10.1016/j.marpol.2022.105213 https://doi.org/10.36745/ijca.379 208 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of covid-19 pandemic on effective) sherman, julie, maria voigt, marc ancrenaz, serge a. wich, indira n. qomariah, erica lyman, and others, ‘orangutan killing and trade in indonesia: wildlife crime, enforcement, and deterrence patterns’, biological conservation, 276.november 2021 (2022), 109744 https://doi.org/10.1016/j.biocon.2022.109744 siboy, ahmad, sholahuddin al-fatih, devi triasari, and hilaire tegnan, ‘legal social justice in appointment non-definitive regional heads toward welfare state’, bestuur, 11.1 (2023), 144–70 https://doi.org/https://dx.doi.org/10.20961/bestuur.v11i1.71055 smith, tom, ‘the practice of pre-trial detention in england & wales changing law and changing culture’, european journal on criminal policy and research, 28.3 (2022), 435–49 https://doi.org/10.1007/s10610-022-09504-y stavert, jill, and colin mckay, ‘scottish mental health and capacity law: the normal, pandemic and “new normal”’, international journal of law and psychiatry, 71.may (2020), 101593 https://doi.org/10.1016/j.ijlp.2020.101593 staykova, radina, ‘the right to a fair trial as a conceptual framework for digital evidence rules in criminal investigations’, computer law & security review, 49.1 (2023), 33 https://doi.org/https://doi.org/10.1016/j.clsr.2023.105801 sunaryo, sidik, and asrul ibrahim nur, ‘legal policy of anti-corruption supervisor design: a new anti-corruption model in indonesia’, bestuur, 10.2 (2022), 137–58 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.65105 šupa, maryja, vytautas kaktinas, and aistė rinkevičiūtė, ‘computer-dependent or computer-assisted? the social context of online crime in lithuanian court judgements’, international journal of law, crime and justice, 73.november 2022 (2023), 100577 https://doi.org/10.1016/j.ijlcj.2023.100577 suteki, suteki, ‘examination of witnesses in criminal case trials during the covid-19 pandemic in progressive legal perspective’ (semarang: eai european union digital library, 2023), p. 1 https://doi.org/10.4108/eai.27-72022.2326288 sutrisno, nandang, despan heryansyah, sahid hadi, and christopher m cason, ‘the regulation of defendant’s religious identity in court decisions’, bestuur, 10.2 (2022), 85–104 https://doi.org/10.20961/bestuur.v10i2.61409 syukriani, yoni fuadah, nita novita, and deni k. sunjaya, ‘development of forensic medicine in post reform indonesia’, journal of forensic and legal medicine, 58.april (2018), 56–63 https://doi.org/10.1016/j.jflm.2018.05.001 turner, jenia i, hillel bavli, jeff bellin, darryl brown, jeff clark, andrew davies, and others, ‘remote criminal justice’, texas tech law review, 53.197 (2021) ullah, akm ahsan, faraha nawaz, and diotima chattoraj, ‘locked up under https://doi.org/10.1016/j.biocon.2022.109744 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v11i1.71055 https://doi.org/10.1007/s10610-022-09504-y https://doi.org/10.1016/j.ijlp.2020.101593 https://doi.org/https:/doi.org/10.1016/j.clsr.2023.105801 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.65105 https://doi.org/10.1016/j.ijlcj.2023.100577 https://doi.org/10.4108/eai.27-7-2022.2326288 https://doi.org/10.4108/eai.27-7-2022.2326288 https://doi.org/10.20961/bestuur.v10i2.61409 https://doi.org/10.1016/j.jflm.2018.05.001 issn 2807-2812 journal of human rights, culture and legal system 209 vol. 3, no. 2, july 2023, pp. 185-209 orin gusta andini et.al (the impact of the covid-19 pandemic on effective) lockdown: the covid-19 pandemic and the migrant population’, social sciences & humanities open, 3.1 (2021), 100126 https://doi.org/10.1016/j.ssaho.2021.100126 university utrecht, courts had to improvise during the corona crisis news utrecht university (the netherlands: utrecht university, 2022) v.a.r.barao, r.c.coata, j.a.shibli, m.bertolini, and j.g.s.souza, ‘requirements for electronic trial about juveniles’, political sociology research, 33.1 (2022), 1–12 https://doi.org/10.30510/psi.2022.349315.3647 vanderveen, gabry, ‘remote justice: a visual essay on the response of the dutch justice system to the covid-19 pandemic’, de rechstpraak, 0.0 (2022), 1–4 https://doi.org/10.1080/1472586x.2022.2050941 de vocht, d. l. f., ‘trials by video link after the pandemic: the pros and cons of the expansion of virtual justice’, china-eu law journal, 8.1–2 (2022), 33–44 https://doi.org/10.1007/s12689-022-00095-9 warman, arifki budia, wahyu abdul jafar, musda asmara, sheikh adnan, and ahmed usmani, ‘reforming marriage registration policies in malaysia and indonesia’, bestuur, 11.1 (2023), 61–74 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.66320 wiezer, noortje, karen oude hengel, thijmen zoomer, and wendela hooftman, ‘special session 52 young workers our future workforce needs osh attention now !’, safety and health at work, 13 (2022), 578 https://doi.org/10.1016/j.shaw.2021.12.983 wingerden, sigid van, and gabry vanderveen, ‘lawyers’ experiences with remote justice leiden law blog’, leidenlawblog, 2020 yao, x. d., l. j. zhu, j. yin, and j. wen, ‘impacts of covid-19 pandemic on preterm birth: a systematic review and meta-analysis’, public health, 213 (2022), 127–34 https://doi.org/10.1016/j.puhe.2022.10.015 yıldırım, akif, and ayhan kılıç, ‘anayasa mahkemesi ve avrupa i̇nsan hakları mahkemesi kararları işığında silahların eşitliği i̇lkesi’, journal of penal law and criminology / ceza hukuku ve kriminoloji dergisi, 9.2 (2021), 341–411 https://doi.org/10.26650/jplc2021-1010290 https://doi.org/10.1016/j.ssaho.2021.100126 https://doi.org/10.30510/psi.2022.349315.3647 https://doi.org/10.1080/1472586x.2022.2050941 https://doi.org/10.1007/s12689-022-00095-9 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.66320 https://doi.org/10.1016/j.shaw.2021.12.983 https://doi.org/10.1016/j.puhe.2022.10.015 https://doi.org/10.26650/jplc2021-1010290 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 308 https://doi.org/10.53955/jhcls.v3i1.72 journalhumanrightslegalsystem@gmail.com the participation within indigenous land management: developments and challenges of indigenous communities protection gde made swardhanaa*, suviwat jenvitchuwongb a faculty of law, universitas udayana, denpasar, indonesia. bfaculty of law, thammasat university, bangkok, thailand. * corresponding author: gdmade_swardhana@unud.ac.id 1. introduction the customary law communities and customary land rights have a very important role in maintaining the continuity of culture, identity, and traditional life in various regions of the world. indigenous peoples, as a group attached to a distinctive culture and customs, have lived and interacted with land and natural resources since ancient times.1 ulayat land rights are collective rights owned by customary law communities over the land they inhabit and manage. human rights 1 mohammad jamin and others, ‘the impact of indonesia’s mining industry regulation on the protection of indigenous peoples’, hasanuddin law review, 9.1 (2023), 88–105 https://doi.org/10.20956/halrev.v9i1.4033 a r t i c l e i n f o a b s t r a c t ( 1 0 p t ) article history received: january 21, 2023 revised: may 23, 2023 accepted: june 20, 2023 in customary law communities, established land has a deep meaning and is integral to cultural identity and social life. however, customary land rights often face serious problems. this study aims to analyze the protection of customary land rights in indonesia and thailand, identify the factors causing the problem, and describe the latest developments in efforts to protect these rights. this study focuses more on normative legal research. the normative juridical method is intended to explain various laws and regulations related to the mechanism for recognizing customary law communities with a statutory approach. the result of this research is a list of factors that influence the problem of protecting customary land rights in indonesia and thailand, such as the existence of legal dualism in land management, conflicts of interest between indigenous peoples and the state, and unclear boundaries of customary land territories. then, the impact of the problematic protection of customary land rights on customary law communities is legal uncertainty regarding the protection of customary land, a decline in the welfare of customary law communities, and inequality and discrimination against indigenous and tribal peoples. this is an open-access article under the cc–by 4.0 license. keywords customary right; indigenous communities; land right; participation; protection; mailto:journalhumanrightslegalsystem@gmail.com mailto:gdmade_swardhana@unud.ac.id https://doi.org/10.20956/halrev.v9i1.4033 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 309 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) provide moral guarantees so that humans can live properly as human beings who are glorified by the most merciful god.2 the 1945 constitution of the republic of indonesia shows that the obligations of the state have been clearly outlined in three main obligations, which include respecting, protecting, and fulfilling the basic rights and freedoms of citizens3. therefore, this matter in the context of indigenous peoples needs to be placed in the principles of just and civilized humanity as stated in the fifth principle of pancasila. the constitution recognizes the existence of indigenous peoples, however, until now no regulation specifically regulates customary law communities related to their rights.4 associated with the spirit of the indonesian state, this is stated in the preamble to the 1945 constitution which accepts universal human rights views. this is reflected in the sentence "that in fact, independence is the right of all nations and therefore, colonialism in the world must be abolished because it is not following humanity and justice". the word "that in fact" in paragraph i of the preamble to the 1945 constitution implies the meaning of the indonesian people's view of human rights with a "natural" character, which therefore also contains universal basic principles. the same can also be found in the international-global context.5 the recognition of the rights of indigenous peoples is constitutionally recognized in the 1945 constitution in article 18b paragraph (2) which states: "the state recognizes and respects customary law community units and their traditional rights as long as they are still alive and following the development of society and the principles of the unitary state of the republic of indonesia, which are regulated by law."6 the consequence of the existence of the concept of recognition as a direct derivative of the concept of the rule of law is that, if there is the existence of indigenous peoples and their rights and interests that conflict with the interests of the state, or even if there are customary law rules that are contrary to the positive law rules of the state in the legislation, then the existence of 2 mohammad jamin and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 3 septya hanung surya dewi, i gusti ayu ketut rachmi handayani, and fatma ulfatun najicha, ‘kedudukan dan perlindungan masyarakat adat dalam mendiami hutan adat’, jurnal legislatif, 2020, 79– 92 https://doi.org/https://doi.org/10.20956/jl.v4i1.12322 4 muhamad mahrus, setia wijaksana, and nurita wulandari, ‘the optimization of environmental policy to achieve sustainable development goals’, journal of sustainable development and regulatory issues, 1.2 (2023), 98–107 https://doi.org/https://doi.org/10.53955/jsderi.v1i2.10 journal 5 jessica chan and others, ‘radiation therapy and indigenous peoples in canada and australia: building paths toward reconciliation in cancer care delivery’, international journal of radiation oncology*biology*physics, 116.2 (2023), 421–29 https://doi.org/https://doi.org/10.1016/j.ijrobp.2022.09.085 6 al fadilla and others, ‘the implementing a carbon tax as a means of increasing investment value in indonesia’, the implementing a carbon tax as a means of increasing investment value in indonesia, 1.2 (2023), 39–50 https://doi.org/https://doi.org/10.53955/jsderi.v1i2.6 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/https:/doi.org/10.20956/jl.v4i1.12322 https://doi.org/https:/doi.org/10.53955/jsderi.v1i2.10%20journal https://doi.org/https:/doi.org/10.1016/j.ijrobp.2022.09.085 https://doi.org/https:/doi.org/10.53955/jsderi.v1i2.6 310 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) indigenous peoples and their traditional interests and rights regulated in customary law can be simply ignored7. in customary law communities, customary land has a deep meaning and is an integral part of cultural identity and social life. ulayat land is not only used as a place to live and agricultural fields, but also as a place for carrying out traditional ceremonies, storing traditional knowledge, and preserving ancestral heritage. nature has become a victim of human economic activity, especially in developing countries8. however, customary land rights of customary law communities often face serious challenges. economic development, urbanization, mining, and changes in government policies can threaten the existence and sustainability of indigenous peoples and their rights to customary land. many indigenous and tribal peoples in various parts of the world experience conflict with interested parties in accessing and controlling their customary lands9. biodiversity, natural beauty, and unique customs are the main attraction for tourists. however, in its utilization there is often a conflict of interest between the local customary law community and the state, this has been experienced by indonesia and thailand. in indonesia, the need for land to support tourism investment in bali has been targeted at the utilization of lands belonging to indigenous peoples. the existence of customary land will be greatly influenced by the establishment of state policies in investment at the level of basic norms, national and national regulations, and including living law products in bali (awigawig and perarem). thus, the determination of data on whether or not an investment is carried out in a customary village area is determined by their respective customary law as contained in the awig-awig or perarem.10 in research conducted by granbom entitled “a field study of an indigenous people in thailand and their problems with rapid tourist development” in urak lawoi, an indigenous people in the andaman sea outside the west coast of thailand. the study shows what happened to them when being deprived of their territory and forced to abandon their culture, lifestyle, and traditional economic subsistence.11 during the last one and a half decades, rapid tourist development, with large-scale hotels and bungalow resorts, has impacted significantly the nomadic lifestyle of the urak lawoi. they have been pushed farther from the shore and into unproductive areas. powerful global forces linked to the world market 7 lara domínguez and colin luoma, ‘decolonising conservation policy: how colonial land and conservation ideologies persist and perpetuate indigenous injustices at the expense of the environment’, land, 9.3 (2020), 65 https://doi.org/10.3390/land9030065 8 agung wicaksono, irni yunita, and gede ginaya, ‘living side by side with nature: evidence of selfgovernance in three local communities in indonesia’, heliyon, 8.12 (2022), e12248 https://doi.org/10.1016/j.heliyon.2022.e12248 9 muhammad alif k sahide and others, ‘land and power framework for assessing ecosystem essential area policy’, methodsx, 7 (2020), 101032 https://doi.org/https://doi.org/10.1016/j.mex.2020.101032 10 jennifer l gerbrandt and clinton n westman, ‘when a pipe breaks: monitoring an emergency spill in the oil sands and documenting its erasure of indigenous interests in land’, the extractive industries and society, 7.4 (2020), 1301–8 https://doi.org/https://doi.org/10.1016/j.exis.2020.07.012 11 prakashan chellattan veettil, darley jose kjosavik, and arathy ashok, ‘valuing the “bundle of land rights”: on formalising indigenous people’s (adivasis) land rights in kerala, india’, land use policy, 30.1 (2013), 408–16 https://doi.org/https://doi.org/10.1016/j.landusepol.2012.04.013 https://doi.org/10.3390/land9030065 https://doi.org/10.1016/j.heliyon.2022.e12248 https://doi.org/https:/doi.org/10.1016/j.mex.2020.101032 https://doi.org/https:/doi.org/10.1016/j.exis.2020.07.012 https://doi.org/https:/doi.org/10.1016/j.landusepol.2012.04.013 issn 2807-2812 journal of human rights, culture and legal system 311 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) economy result in a situation that is not favorable to the urak lawoi and their ecosystem.12 therefore, it is important to understand the protection of customary land rights in the context of indigenous and tribal peoples, especially in areas with rich cultures and distinctive customs such as indonesia and thailand. in this context, this article aims to analyze the protection of customary land rights in indonesia and thailand, identify the factors causing the problem of protection of customary land rights, and describe the latest developments in efforts to protect these rights. with a better understanding of this issue, it is hoped that more effective steps can be taken in ensuring the sustainability and protection of customary land rights of indigenous peoples in bali. 2. research method this study focuses more on normative legal research. the normative juridical method is intended to explain various laws and regulations related to the mechanism for recognizing customary law communities.13 this study used library materials in the form of secondary data as the main source. secondary data includes primary legal materials, namely binding legal materials, starting with the constitution and other relevant regulations. while secondary legal materials provide an explanation of primary legal materials. this study uses library materials in the form of secondary data as the main source. the data collection technique is carried out through library research, which is obtained through searching laws and regulations, books, journals, newspapers, or magazines, as well as data from the internet related to the recognition mechanism. customary law community. the analytical method used in this study is qualitative. the collected data is then grouped and sorted to look for relevant and representative ones related to the subject matter. the data is then studied in depth, analyzed, and described descriptively, then conclusions are made that are expected to answer the issues raised and discussed.14 3. results and discussion the protection of indigenous communities on land rights in indonesia the existence of article 18 b paragraph (2) and 23 i (3) and also in the law (uu) sectoral (uu number 5 of 1960 concerning agrarian principles; law number 4 2009 concerning mining, mineral, and coal; law number 7 of 2004 regarding water resources; and other related laws) have endeavored to provide acknowledgment and respect for the customary law community unit (mha). the central government is obliged to administer the system welfare government by fighting for the achievement 12 stefan wheat and others, ‘climate change and covid-19: assessing the vulnerability and resilience of u.s. indigenous communities to syndemic crises’, the journal of climate change and health, 8 (2022), 100148 https://doi.org/https://doi.org/10.1016/j.joclim.2022.100148 13 tiara tiolince, ‘indonesian telemedicine regulation to provide legal protection for patient’, journal of sustainable development and regulatory issues, 1.2 (2023), 75–97 https://doi.org/https://doi.org/10.53955/jsderi.v1i2.9 14 eka rismawati and abdul kadir jaelani, ‘the regulation of foreign workers as technology and knowledge transfer’, journal of sustainable development and regulatory issues, 1.2 (2023), 64–74 https://doi.org/https://doi.org/10.53955/jsderi.v1i2.8 https://doi.org/https:/doi.org/10.1016/j.joclim.2022.100148 https://doi.org/https:/doi.org/10.53955/jsderi.v1i2.9 https://doi.org/https:/doi.org/10.53955/jsderi.v1i2.8 312 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) fulfillment of constitutional rights and traditional rights. with the hope of getting meet the basic needs of society both materially and immaterially.15 the inequality of reality between das sollen and das sein is related to recognition and respect for indigenous peoples and traditional rights is quite evident. this can be seen in the formulation of article 18b paragraph (2) of the constitution, which states that customary law communities and their traditional rights are recognized and respected by the state as long as it still exists, in accordance with modern life and does not conflict with the unitary state of the republic of indonesia and is regulated by law.16 recognition of customary law communities and their customary rights are also regulated in other regulations under the constitution. law number 5 of 1960 concerning basic basic regulations agrarian (uupa) which is the main law in the regulation of natural resources recognizes the existence of customary rights through article 3 which reads as follows: "by bearing in mind the provisions in articles 1 and 2, implementation customary rights and similar rights of legal communities customs, insofar as in reality they still exist, must be in such a way so that it is in accordance with national and state interests, which are based on national unity and must not conflict with the law and other higher regulations”.17 the existence of uupa is due to the existence of legal dualism in the regulation of national land law namely the existence of lands that are subject to western law and the existence of lands that are subject to customary law. in this sense, it is clear that customary rights belong to customary law communities. a similar understanding is also shared by the uupa saying that customary law communities with customary rights are prohibited from obstructing the granting of usufructuary rights or refusing to clear forests for the purpose of adding food and resettlement of residents (general explanation ii point 3). by using this concept, the uupa recognizes the existence of customary law communities as subjects with customary rights (objects). customary rights as objects that cannot exist without the community customary law as a subject.18 the ineffectiveness of legal instruments related to recognition and respect for indigenous peoples is evidenced through the uncertainty of the status of indigenous peoples as legal subjects (legal standing) or holders of rights, the authority to act, and can be burdened with obligations law. each province in indonesia is a factually customary law community unit with its characteristics and has existed for hundreds of years.19 customary law communities are organized community groups, which behave as a unit, live in a certain area, have rulers, have their customary law and their wealth, both in the form of tangible 15 penelope anthias, ‘rethinking territory and property in indigenous land claims’, geoforum, 119 (2021), 268–78 https://doi.org/https://doi.org/10.1016/j.geoforum.2019.09.008 16 michael kotutwa johnson and others, ‘barriers to pes programs in indigenous communities: a lesson in land tenure insecurity from the hopi indian reservation’, ecosystem services, 32 (2018), 62–69 https://doi.org/https://doi.org/10.1016/j.ecoser.2018.05.009 17 kasey m stirling and others, ‘experiences and insights on bridging knowledge systems between indigenous and non-indigenous partners: learnings from the laurentian great lakes’, journal of great lakes research, 49 (2023), s58–71 https://doi.org/https://doi.org/10.1016/j.jglr.2023.01.007 18 candace kaleimamoowahinekapu galla and others, ‘community-centered indigenous language recovery, restoration, revitalization, and renewal’, in international encyclopedia of education (fourth edition), ed. by robert j tierney, fazal rizvi, and kadriye ercikan, fourth edition (oxford: elsevier, 2023), pp. 786–96 https://doi.org/https://doi.org/10.1016/b978-0-12-818630-5.07038-x 19 sarah e nelson and kathi wilson, ‘rights and health versus rights to health: bringing indigenous peoples’ legal rights into the spaces of health care services’, political geography, 85 (2021), 102311 https://doi.org/https://doi.org/10.1016/j.polgeo.2020.102311 https://doi.org/https:/doi.org/10.1016/j.geoforum.2019.09.008 https://doi.org/https:/doi.org/10.1016/j.ecoser.2018.05.009 https://doi.org/https:/doi.org/10.1016/j.jglr.2023.01.007 https://doi.org/https:/doi.org/10.1016/b978-0-12-818630-5.07038-x https://doi.org/https:/doi.org/10.1016/j.polgeo.2020.102311 issn 2807-2812 journal of human rights, culture and legal system 313 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) and intangible objects and control natural resources within their reach.20 customary law communities, especially in bali, when seen through reality are community groups that are organized as a unit with their customary law, live permanently, have rulers, and have their wealth, both in the form of tangible and intangible objects. they also control the natural resources that exist in their living area’s scope (labenraum).21 tourism is a fast-growing industry in indonesia. in addition to natural resources, indonesia also has good tourism potential from which can be developed both from natural, historical, and human resources aspects. the economic interests promoted by the state and its development partners through the bali tourism industry have led to the elimination of customary land tenure, the disintegration of customary lands, and the weakening of customary village institutions as community representatives on land issues22. of course, it is urgent to investigate how the legal protection for mha in bali is specifically unique with the traditional rights inherent in it.23 the situation of marginalized indigenous peoples is impossible without cause. on the one hand, the nature of customary law prioritizes elements magical, cash, concrete and flexible that can function effectively when values of honesty, togetherness, and mutual assistance, are still institutionalized. and on the other hand, the state as a power and also as an entrepreneur bases its claims more on rights dominated by the rule of law and requires formal and written evidence. to differences in the character of society and its laws, in general, no policy can ever seek a way out.24 customary land in bali is known as the land of druwe desa pakraman (land belonging to a customary village according to balinese customary law. this term is also commonly qualified as ulayat land as joint land that is controlled and owned by a customary village communally. as qualified by swastawa dharmayuda, customary land in bali can be divided into several categories, namely druwe desa land in the form of market land, field land, grave/setra land, laba pura land as village-owned land specifically used for temple purposes (places of worship for people hindus), village yard land (pkd) as land controlled by the village which is given to the villagers (krama desa) for housing needs, and tanah ayahan desa (ayds) as land controlled by the village whose cultivation is handed over to each villager with the right to be enjoyed and given the obligation to provide fatherhood in the form of labor and material to the village.25 20 silvane paixao and others, ‘modeling indigenous tribes’ land rights with iso 19152 ladm: a case from brazil’, land use policy, 49 (2015), 587–97 https://doi.org/https://doi.org/10.1016/j.landusepol.2014.12.001 21 lyndsey huynh and others, ‘examining the connection between water concerns, water anxiety, and resilience among indigenous persons: a systematic scoping review’, child abuse & neglect, 2023, 106184 https://doi.org/https://doi.org/10.1016/j.chiabu.2023.106184 22 gusti ayu made suartika, ‘territoriality and the market system—adat land vs. state regulations on land matters in bali’, habitat international, 31.2 (2007), 167–76 https://doi.org/https://doi.org/10.1016/j.habitatint.2006.11.001 23 bryan leonard, dominic p parker, and terry l anderson, ‘land quality, land rights, and indigenous poverty’, journal of development economics, 143 (2020), 102435 https://doi.org/https://doi.org/10.1016/j.jdeveco.2019.102435 24 anne m larson, juan pablo sarmiento barletti, and nicole heise vigil, ‘a place at the table is not enough: accountability for indigenous peoples and local communities in multi-stakeholder platforms’, world development, 155 (2022), 105907 https://doi.org/https://doi.org/10.1016/j.worlddev.2022.105907 25 i gusti agung mas rwa jayantiari and i ketut kasta arya wijaya, ‘tinjauan yuridis pengaturan tanah druwe desa di bali (aspek hukum perlindungan masyarakat adat atas tanah)’, wicaksana: jurnal lingkungan dan pembangunan, 1.1 (2017), 33–39 https://doi.org/https://doi.org/10.22225/wicaksana.1.1.2017.33-39 https://doi.org/https:/doi.org/10.1016/j.landusepol.2014.12.001 https://doi.org/https:/doi.org/10.1016/j.chiabu.2023.106184 https://doi.org/https:/doi.org/10.1016/j.habitatint.2006.11.001 https://doi.org/https:/doi.org/10.1016/j.jdeveco.2019.102435 https://doi.org/https:/doi.org/10.1016/j.worlddev.2022.105907 https://doi.org/https:/doi.org/10.22225/wicaksana.1.1.2017.33-39 314 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) in general, the concept and meaning of customary law community includes rights the tradition is quite clearly protected in various legal regulations, but in practice, it is not easy to implement. the tendency of such material content clearly cannot provide legal certainty, on the contrary, it can negate customary law community. the occurrence of overlap between one legal regulation and another often occurs and results in the infringement of the traditional rights of indigenous peoples.26 in several areas in indonesia, administrative boundaries still become problems. there is no definite or obvious limit, only coordinates on the map or in other words, textual rather than spatial. in addition, there are differences in the base maps used as references. they significantly affect the land registration at the land office related to the principle of contradictory delimitation. in relation to communal or ulayat land boundaries, besides administrative boundary problems, it is undeniable that communal or ulayat land in indonesia does exist. in fact, the issue of not qualifying pakraman village as a subject of land law has long been a dilemma for the people in bali. the situation where pakraman village is not a legal subject that can have ownership rights to land makes pakraman village unable to register its ownership rights at the district/city land office) to obtain a certificate. as a result, the land ownership status of druwe desa pakraman in bali has become floating.27 the mechanism that has been practiced so far is that land belonging to indigenous peoples is released by way of exchange (ruislag) or through the release of rights over the land first by the customary head. in its development, customary land has been given communal rights status based on the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency number 10 of 2016 concerning procedures for determining communal rights over land of customary law communities and communities residing in certain areas. article 3 paragraph (2) of the regulation states that customary law communities can be given communal rights as long as they meet the following requirements: indigenous peoples are still in the form of associations, there are institutions within their customary rulers, there are clear customary law areas and there are legal institutions and instruments, which are still being obeyed. the protection of indigenous communities on land rights in thailand the turn of the twentieth century, when still named siam, all land belonged to the king, from which people could lay claim to provide for their families. customary systems enshrined local land use, with forest areas regarded as commons28. larger formal arrangements had been created for the collection of tax, or through trade agreements with foreign powers. although siam was never formally colonized, it did take extensive inspiration from these powers for the development of legal and administrative systems. in thailand, the recognition of customary land rights of indigenous peoples is regulated through several regulations. land law responding to population growth and the 26 purabi bose, ‘land tenure and forest rights of rural and indigenous women in latin america: empirical evidence’, women’s studies international forum, 65 (2017), 1–8 https://doi.org/https://doi.org/10.1016/j.wsif.2017.10.006 27 katie l kamelamela and others, ‘kōkua aku, kōkua mai: an indigenous consensus-driven and placebased approach to community led dryland restoration and stewardship’, forest ecology and management, 506 (2022), 119949 https://doi.org/https://doi.org/10.1016/j.foreco.2021.119949 28 larry lohmann, ‘land, power and forest colonization in thailand’, global ecology and biogeography letters, 3.4/6 (1993), 180 https://doi.org/10.2307/2997768 https://doi.org/https:/doi.org/10.1016/j.wsif.2017.10.006 https://doi.org/https:/doi.org/10.1016/j.foreco.2021.119949 https://doi.org/10.2307/2997768 issn 2807-2812 journal of human rights, culture and legal system 315 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) commercialization of agriculture title by registration was adopted, using the australian torrens system. this was centralized and administered by the newly formed department of land (dol) within the ministry of the interior. the law was applied principally in the central plains, hardly affecting the outer regions of the kingdom.29 the 1954 land code with the dismantling of absolute monarchy in 1932, and the nation of thailand established, the platform was provided for a full transition to private land ownership. the 1954 land code laid out the basic titling forms that exist today, with rights officially passed onto citizens for the first time. the ns-4 (‘chanote’) deed offers fully unrestricted rights allowing the sale, rental, division, inheritance, and mortgage of land. the ns-3 (and ns-3k from 1972) represents a similarly secure transitional title, and the ns-2 is a ‘pre-emptive’ temporary deed of five years that would theoretically be upgraded to full rights upon its renewal. the sk-1 ‘claim’ certificate registers an application for land that might later be formalized with an ns deed, based on occupation or use prior to 1954. the 1954 code also introduced the concept of idle land to encourage greater productive use, with punitive measures for unlawful registration or forged documentation. the administration was carried out by the dol.30 the thai land titling program (tltp) land development act, in 1984 the tltp was introduced to increase efficiency, insert technological improvements and speed up the titling process. using world bank funding, ausaid technical assistance, and the private contractor land equity international (lei), it was the largest such program in the world, perceived as a huge success and taken as a model for other countries to follow. by 1998, over 19 million titles had been distributed compared to 4 million when the project started. initially administered by the bangkok-based dol, work was gradually passed on to metropolitan, provincial, and local-branch authorities, although strong central monitoring was maintained.31 state-owned land the royal forestry department (rfd), a branch of the ministry of natural resources and environment, was formed in 1896 as an attempt to stave off the monopolization of the teak trade by foreign powers. following the creation of the thai nation-state, subsequent legislation attempted to shore up public land ownership and start processes of demarcation. the 1941 forest act proclaimed that forests consisted of all land that does not belong to any individual by law’, foregoing any mention of tree cover. national reserved forest act in 1961, a cabinet decree designated 50% of land in thailand as state-owned forestry.32 the 1964 national reserved forest act adjusted this figure to 45% and clarified terms of designation and rules for usage. 1975 land reform act as a partial reaction to populist protest movements, the 1975 land reform act acknowledged a high rate of farmer 29 robert a fligg, brian ballantyne, and derek t robinson, ‘informality within indigenous land management: a land-use study at curve lake first nation, canada’, land use policy, 112 (2022), 105786 https://doi.org/https://doi.org/10.1016/j.landusepol.2021.105786 30 giuseppe poderati, ‘human rights aspects and soil governance. a special focus on land grabbing’, soil security, 6 (2022), 100042 https://doi.org/https://doi.org/10.1016/j.soisec.2022.100042 31 jin sato, ‘people in between: conversion and conservation of forest lands in thailand’, development and change, 31.1 (2000), 155–77 https://doi.org/10.1111/1467-7660.00150 32 peter ho, ‘debunking the chinese unitary state via legal pluralism: historical, indigenous and customary rights in china (1949–present)’, world development, 151 (2022), 105752 https://doi.org/https://doi.org/10.1016/j.worlddev.2021.105752 https://doi.org/https:/doi.org/10.1016/j.landusepol.2021.105786 https://doi.org/https:/doi.org/10.1016/j.soisec.2022.100042 https://doi.org/10.1111/1467-7660.00150 https://doi.org/https:/doi.org/10.1016/j.worlddev.2021.105752 316 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) tenancy and landlessness in thailand, and the encroachment of cultivators onto public lands, influenced by unclear demarcation and poor enforcement of rules. although aiming towards land redistribution, the act settled on the formalization or promotion of settlements in forest reserve areas. the agricultural land reform office (alro) was formed, to lease out or allocate land to occupants of the public estate.33 in 1981 introduction of usufruct land certificates in the 1980s, the majority of the working population in thailand was still engaged in agriculture. forest cover was diminishing from 66% of national land pre-second world war to around 15% in 1993. under pressures of population growth, commercial logging (eventually banned in 1989), infrastructure projects, and agriculture, policy shifted towards preservation overexploitation. yet around 20% of official forest reserves were occupied by communities, where boundaries frequently did not reflect actual forest cover. therefore, in 1981, to accommodate the presence of farmers on public land, usufruct certificates (stk) were handed out by the rfd, a temporary 5-year deed for a maximum of 2.4 hectares, carrying limited rights various attempts have been made to account for farmer presence in protected lands (see the example of the khor jor kor scheme in box 1). when the stk program ended in 1993, an equivalent usufruct certificate (spk-4.01) was made available from the alro.34 although degraded forestland was redistributed to farmers, such plots retained protected status. attempts have been made to extend the rights of the spk certificate. most notably, in the previous decade, thaksin shinawatra identified the potential to include mortgaging of such land, theoretically offering a source of capital to the poor, and creating a new stream of tax revenue. the proposal was not enacted, with land remaining in public hands. in 2007 community forestry bill. it offered rights to communities who had lived in forest reserves prior to 1997, entering into an agreement with rfd for assistance with the preservation and management of such areas. criticized by both conservationists and land rights activists, the bill nevertheless passed the national legislative assembly in 2007. however, due to an inability to attract consensus across different government departments, the bureaucratic nature of the proposed policy, and its marginalization against the political instability of the time, by 2009 it had lapsed.35 indigenous and tribal peoples in thailand often face conflicts with other parties, including industrial companies, private land owners, and the government. these parties can have interests that conflict with customary land rights of customary law communities. this conflict can have a negative impact on efforts to recognize and protect customary land rights, as well as increase the risk of eviction and misuse of communal land. they are struggling to overcome the problem of the state claiming sovereign control over large areas of 'public land' and embarking on a formalization process that introduces local 33 jingmei zhang, subin xu, and nobuo aoki, ‘contradictions of indigenous cognition and heritage evaluation under political transformations in a working-class community in tianjin, china’, cities, 132 (2023), 104031 https://doi.org/https://doi.org/10.1016/j.cities.2022.104031 34 anna normyle and others, ‘land cover and fire accounts to support indigenous land management: a pilot study of yawuru country’, journal of environmental management, 313 (2022), 115003 https://doi.org/https://doi.org/10.1016/j.jenvman.2022.115003 35 john f. mccarthy and others, ‘land reform rationalities and their governance effects in indonesia: provoking land politics or addressing adverse formalisation?’, geoforum, 132.april (2022), 92–102 https://doi.org/10.1016/j.geoforum.2022.04.008 https://doi.org/https:/doi.org/10.1016/j.cities.2022.104031 https://doi.org/https:/doi.org/10.1016/j.jenvman.2022.115003 https://doi.org/10.1016/j.geoforum.2022.04.008 issn 2807-2812 journal of human rights, culture and legal system 317 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) populations to new land-based production systems on adverse terms36. the customary land areas of customary law communities overlap with areas claimed by other parties, such as industrial companies or the government. this conflict can complicate the recognition and protection of customary land rights37. the indigenous peoples of thailand are fighting against the government which still carries the legacy of a colonial mentality regarding forest management in the centralized state of thailand38. one of the common challenges is the ambiguity and conflict regarding the boundaries of customary land areas. the process of financing and paying for customary land boundaries is often complicated and time-consuming. in addition, there are situations where the boundaries of customary law community land areas overlap with areas claimed by other parties, such as industrial companies or the government. these contracts can make it difficult to recognize and protect customary land rights. at the political level, the separation of agricultural land and forests is carried out by means of state territorialization (state control over land and land users) and marginalization of shifting cultivation, as well as policies that encourage export orientation of agricultural and forest products.39 the administrative process for recognizing customary land rights in thailand is sometimes considered complex and time-consuming. customary law communities must fulfill strict requirements, such as verification of existence as customary law communities, collecting evidence of ownership and use of ulayat lands, and establishing a ulayat land management committee. this process can be confusing and time-consuming, especially for communities with limited access to information and resources. the developments and challenges of the indigenous communities protection in the 1945 constitution, it is stated that the traditional rights of indigenous and tribal peoples are respected as long as they are still alive and in accordance with the development of society and the principles of the unitary state of the republic of indonesia, which are regulated in law. the problem that arises is the law regarding what or how the regulation regarding the recognition of the rights of indigenous peoples. that is, it is still unclear what the legal form or substance of the arrangement is. so that there are those that are regulated in the law, but there are also general arrangements at the local level which are set forth in the respective regional regulations. legal uncertainty, statutory regulations at the central level and other sectoral laws can negate indigenous and tribal peoples. the conflicts with other parties, such as industrial companies, private land owners, or the government, are factors that influence the recognition of customary land rights. when there are conflicting interests, the interests of the state take precedence, thereby hindering efforts to recognize customary land rights. this tension can arise due to claims on communal land by other parties who wish to use it for economic or development purposes. 36 mccarthy and others. 37 melanie pichler, manan bhan, and simone gingrich, ‘the social and ecological costs of reforestation. territorialization and industrialization of land use accompany forest transitions in southeast asia’, land use policy, 101 (2021), 105180 https://doi.org/https://doi.org/10.1016/j.landusepol.2020.105180 38 chusak wittayapak and ian g baird, ‘communal land titling dilemmas in northern thailand: from community forestry to beneficial yet risky and uncertain options’, land use policy, 71 (2018), 320–28 https://doi.org/https://doi.org/10.1016/j.landusepol.2017.12.019 39 pichler, bhan, and gingrich. https://doi.org/https:/doi.org/10.1016/j.landusepol.2020.105180 https://doi.org/https:/doi.org/10.1016/j.landusepol.2017.12.019 318 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) the problem of recognizing customary land rights can lead to a decline in the welfare of indigenous peoples and threaten the sustainability of their cultural identity. loss of access to customary lands can disrupt traditional lifestyles, local knowledge, and cultural practices associated with these lands. this can lead to a decrease in the physical, social and spiritual well-being of indigenous and tribal peoples. according to faostat, in material terms thailand was the world's largest exporter of dry rubber and cassava in 2017, the second most important exporter of rice and the third largest exporter of raw sugar. this is considered to be a trigger for the forest transition to further deforestation. in practice, there has been forest expansion in a rain-fed maize area north of phetchabun, thailand. from the perspective of land users, forest expansion following land abandonment and land confiscation is driven by pressure rather than private afforestation. increased economic opportunities are driving wealthier farmers (with access to paddy fields) to turn their attention to irrigated agriculture, but this has an even greater indirect and contradictory effect on less wealthy farmers. much of the forest expansion appears to be unresponsive or adaptable to some farmers. adaptation and resistance strategies are discussed, including pluriactivity and political activism. 40 the problem of recognizing customary land rights can have a negative impact on the economic and social life of indigenous and tribal peoples. indigenous land is often their main source of livelihood, such as traditional farming, fishing or handicrafts. when customary land rights are not recognized, customary law communities can lose access to these resources, resulting in significant economic and social losses. in addition, cultural decline can also hamper the tourism industry. this not only harms the country's economic interests and development but in creating undue dependence on the tourism industry, the effects of the national development plan in bali could seriously erode the traditional forms of subsistence of an agrarian society. the rampant development of tourism facilities has led to large-scale conversion of paddy fields and also disruption of irrigation channels which are very important for rice farming activities. this not only harms the country's economic interests and development, but also has a debilitating effect on sustainable development in bali.41 the problem of recognizing customary land rights can create inequality and discrimination against indigenous and tribal peoples. when their rights are not adequately recognized or protected, they can experience unfair treatment and discrimination in access to resources, public services and economic opportunities.42 the presence of the rights of indigenous peoples as institutions that are recognized as long as they do not conflict with the spirit of development, so that there is an impression that the 40 jean-philippe leblond, ‘revisiting forest transition explanations: the role of “push” factors and adaptation strategies in forest expansion in northern phetchabun, thailand’, land use policy, 83 (2019), 195–214 https://doi.org/https://doi.org/10.1016/j.landusepol.2019.01.035 41 jhon urasti blesia, keith dixon, and beverley rae lord, ‘indigenous experiences and perspectives on a mining corporation’s community relations and development activities’, resources policy, 80 (2023), 103202 https://doi.org/https://doi.org/10.1016/j.resourpol.2022.103202 42 sophie thériault, sabrina bourgeois, and zoé boirin-fargues, ‘indigenous peoples’ agency within and beyond rights in the mining context: the case of the schefferville region’, the extractive industries and society, 12 (2022), 100979 https://doi.org/https://doi.org/10.1016/j.exis.2021.100979 https://doi.org/https:/doi.org/10.1016/j.landusepol.2019.01.035 https://doi.org/https:/doi.org/10.1016/j.resourpol.2022.103202 https://doi.org/https:/doi.org/10.1016/j.exis.2021.100979 issn 2807-2812 journal of human rights, culture and legal system 319 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) government is ignoring the rights of indigenous peoples.43 while factually there is a spirit in society to strengthen the rights of indigenous and tribal peoples. ignorance of customary land rights can increase the risk of eviction of indigenous peoples from their own lands. when their ulayat lands are claimed by other parties or used for development projects, indigenous and tribal peoples may face threats of eviction that disrupt their social, economic, and cultural life.44 according to john rawls freedom and equality are elements that form the core of the theory of justice. rawls asserts that freedom and equality should not be sacrificed for social or economic benefits, however great the benefits may be derived from that angle. in line with the principle of justice according to john rawls, the 1945 constitution has provided a means to overcome inequality the position of its citizens, as stated in article 28 h paragraph (2), which states that everyone has the right to receive facilities and special treatment to obtain equal opportunities and benefits in order to achieve equality and justice. it can be concluded that the state can provide special treatment to its citizens to create equality and justice. in uupa there is a principle of protection for class of citizens who are weak against fellow citizens who strong economic position, which is stated in article 11. this principle is a form of positive discrimination, wherein in this regulation, discriminatory matters are regulated to achieve justice and equality. equality before the law is of little use as long as there is a difference in the level of social and economic welfare is still quite wide in people's lives. that is why, every policy carried out by the state that involves the interests of the strong and the weak must benefit the weak position so that the gap in socio-economic differences does not widen. the state claims sovereign control over vast 'public lands' and begins a process of formalization that incorporates local populations into new lands whose production systems impose adverse conditions.45 the process of formalization institutionalizes state governance in territories that previously resisted such political rationality, stabilizes existing property relations, and accommodates ad hoc settlements without substantially resolving detrimental formalizations while provoking new land politics46. indigenous peoples must be protected from threats, intimidation, or violence that may arise as a result of their claims or struggles for customary land rights. a fair and independent court system also needs to be available for them to resolve ulayat land disputes in a fair and transparent way. these impacts underscore the importance of recognizing and protecting customary land rights for customary law communities in bali and thailand. comprehensive and sustainable efforts need to be made to address the problems of recognizing customary land rights and 43 kamaljit k sangha and others, ‘recognising the role of local and indigenous communities in managing natural resources for the greater public benefit: case studies from asia and oceania region’, ecosystem services, 39 (2019), 100991 https://doi.org/https://doi.org/10.1016/j.ecoser.2019.100991 44 michelle levy and others, ‘growing stronger together: implementing the strengthening families program with indigenous communities’, child abuse & neglect, 2023, 106241 https://doi.org/https://doi.org/10.1016/j.chiabu.2023.106241 45 liam grealy, ‘slow withdrawal as managed retreat: dismantling and rebuilding an indigenous community controlled housing sector’, geoforum, 136 (2022), 173–85 https://doi.org/https://doi.org/10.1016/j.geoforum.2022.09.002 46 mccarthy and others. https://doi.org/https:/doi.org/10.1016/j.ecoser.2019.100991 https://doi.org/https:/doi.org/10.1016/j.chiabu.2023.106241 https://doi.org/https:/doi.org/10.1016/j.geoforum.2022.09.002 320 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) ensuring the sustainability, prosperity, and cultural identity of indigenous and tribal peoples. the support of the international community through the policy of ratifying international conventions into their national legal system is urgently needed. so that the state through law is obliged to accommodate the protection of the rights of indigenous peoples. the relationship between indigenous peoples and their land is regulated in the united nations declaration on the rights of indigenous peoples which reads as follows: indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.47 the description above, it can be seen that the united nations recognizes the relationship between customary communities and their land. the recognition contained in this declaration includes the rights and obligations of indigenous peoples. the right possessed by indigenous peoples according to this declaration is the right to maintain and develop their distinctive relationship both spiritually and materially with their lands, territories, waters, offshore areas, and other resources that they have traditionally owned. in addition to these rights, indigenous peoples are also given the obligation to be responsible for the fate of future generations.48 in line with this, countries in the world have agreed on the recognition and protection of the rights of indigenous peoples, which is clearly stated in article 14 paragraphs (1) and (2) of ilo convention 169, which reads as follows, first, the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognized. in addition, measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect. second, the governments shall take steps as necessary to identify the lands which the people concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession.49 article 14 clearly states that the rights of ownership and control over land traditionally occupied must be recognized. in addition, measures must be taken to protect the rights of indigenous peoples to use lands that they not only control but to which they have long had traditional access. the situation of nomadic peoples and shifting cultivators deserves special attention. the government must identify lands that have traditionally been controlled by indigenous peoples and ensure effective protection of their rights of ownership and control over their lands. various problems arise related to the weak 47 renata leonhardt and others, ‘government instruments for community renewable energy in northern and indigenous communities’, energy policy, 177 (2023), 113560 https://doi.org/https://doi.org/10.1016/j.enpol.2023.113560 48 elana nightingale and chantelle a m richmond, ‘building structures of environmental repossession to reclaim land, self-determination and indigenous wellness’, health & place, 73 (2022), 102725 https://doi.org/https://doi.org/10.1016/j.healthplace.2021.102725 49 sigrid engen and others, ‘small hydropower, large obstacle? exploring land use conflict, indigenous opposition and acceptance in the norwegian arctic’, energy research & social science, 95 (2023), 102888 https://doi.org/https://doi.org/10.1016/j.erss.2022.102888 https://doi.org/https:/doi.org/10.1016/j.enpol.2023.113560 https://doi.org/https:/doi.org/10.1016/j.healthplace.2021.102725 https://doi.org/https:/doi.org/10.1016/j.erss.2022.102888 issn 2807-2812 journal of human rights, culture and legal system 321 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) recognition of indigenous peoples as legal subjects who have special and special rights. then there were rampant violations of the rights of indigenous and tribal peoples by the state, especially customary rights. thus, development laws and policies in indonesia should pay special attention to the rights of indigenous and tribal peoples. the push for the government to immediately issue policies that are implementable for the recognition and protection of indigenous and tribal peoples continues.50 the participatory strengthening of customary law communities indigenous and tribal peoples in thailand and indonesia often face conflicts with other parties, including industrial companies, private land owners and the government. these parties can have interests that conflict with customary land rights of customary law communities. this conflict can have a negative impact on efforts to recognize and protect customary land rights, as well as increase the risk of eviction and misuse of communal land.51 in facing this challenge, it is important to involve all stakeholders involved, strengthen the capacities of indigenous and tribal peoples, improve coordination between relevant government agencies, and improve administrative procedures for the recognition of customary land rights. in addition, public awareness and support from civil society in fighting for the rights of indigenous and tribal peoples are also important factors in overcoming these challenges and obstacles. the presence of democratic values in local communities requires the existence of a rule of law at the regional level. community participation in general and mha in particular can take part in the formation of public policies including in the planning and formation of regulations in law number 12 of 2011 concerning the formation of legislation, clearly providing space for public participation. it is important to strengthen participatory mechanisms that involve indigenous and tribal peoples in the decision-making process regarding the recognition of customary land rights. this can be done through the establishment of special institutions or forums that represent customary law communities, where they have an active role in determining policies, mapping areas, and making decisions related to customary lands.52 in bali, the management of village funds is influenced by the customary village awig-awig in determining decision-making because village funds are handed over and the village government is directly given the authority to manage the funds that have been given. in the customary village system, the management of customary village funds involves village communities in their management, and some of the 50 filiberto penados, levi gahman, and shelda-jane smith, ‘land, race, and (slow) violence: indigenous resistance to racial capitalism and the coloniality of development in the caribbean’, geoforum, 2022 https://doi.org/https://doi.org/10.1016/j.geoforum.2022.07.004 51 michele graziano ceddia, ulrich gunter, and pasquale pazienza, ‘indigenous peoples’ land rights and agricultural expansion in latin america: a dynamic panel data approach’, forest policy and economics, 109 (2019), 102001 https://doi.org/https://doi.org/10.1016/j.forpol.2019.102001 52 jessica hernandez and others, ‘prevent pandemics and halt climate change? strengthen land rights for indigenous peoples’, the lancet planetary health, 6.5 (2022), e381–82 https://doi.org/https://doi.org/10.1016/s2542-5196(22)00069-9 https://doi.org/https:/doi.org/10.1016/j.geoforum.2022.07.004 https://doi.org/https:/doi.org/10.1016/j.forpol.2019.102001 https://doi.org/https:/doi.org/10.1016/s2542-5196(22)00069-9 322 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) traditional villages are managed and their villages are influenced by the customary village policies themselves and their customary village laws.53 the better awareness and understanding of customary land rights need to be increased, both among customary law communities and among the general public. there is still little understanding of the role of communities in place creation in tourism when place creation is the result of organic, community-led processes. making places through emic, organic, folkloric, community-based initiatives that are very different from the usual formal 'industry'. 54 information, education, and training campaigns targeting indigenous and tribal peoples, government, academics, and other stakeholders can help raise awareness and strengthen understanding of the importance of recognizing customary land rights. managers and decision-makers need a better understanding of the policy systems in place to meet conservation targets to inform post-2020 cbd policy implementation.55 it is important to carry out accurate and comprehensive mapping and documentation regarding customary land and land rights claims by indigenous peoples. this will strengthen the evidence and arguments in favor of recognizing customary land rights, as well as provide a strong basis for negotiations with the government and other relevant parties. collaboration and partnerships between indigenous and tribal peoples, civil society organizations, academics, and government are very important. through close collaboration, they can advocate for the recognition of customary land rights, exchange knowledge and experiences, and jointly address emerging challenges. a collaborative approach can also include organizing cross-sectoral meetings, dialogues, and discussions to find common solutions. these solutions and efforts must be carried out in a holistic and sustainable manner, involving all relevant stakeholders. only by adopting a comprehensive approach can the recognition of customary land rights for indigenous and tribal peoples be strengthened and guaranteed, so that they can maintain the continuity of their culture and obtain just welfare.56 4. conclusion indigenous peoples, as a group attached to a distinctive culture and customs, have lived and interacted with land and natural resources since ancient times. ulayat land rights are collective rights owned by customary law communities over 53 ranjan datta, margot a hurlbert, and william marion, ‘indigenous community perspectives on energy governance’, environmental science & policy, 136 (2022), 555–63 https://doi.org/https://doi.org/10.1016/j.envsci.2022.07.010 54 trevor sofield, jaume guia, and jan specht, ‘organic “folkloric” community driven place-making and tourism’, tourism management, 61 (2017), 1–22 https://doi.org/https://doi.org/10.1016/j.tourman.2017.01.002 55 kelly dunning, ‘biodiversity conservation policy in megadiverse countries: comparing policy systems for 2020 targets to inform management in the coming decades’, journal of environmental management, 302 (2022), 113815 https://doi.org/https://doi.org/10.1016/j.jenvman.2021.113815 56 samantha darling, blane harvey, and gordon m hickey, ‘from “stakeholders” to rights holders: how approaches to impact assessment affect indigenous participation in the yukon territory, canada’, environmental impact assessment review, 99 (2023), 107025 https://doi.org/https://doi.org/10.1016/j.eiar.2022.107025 https://doi.org/https:/doi.org/10.1016/j.envsci.2022.07.010 https://doi.org/https:/doi.org/10.1016/j.tourman.2017.01.002 https://doi.org/https:/doi.org/10.1016/j.jenvman.2021.113815 https://doi.org/https:/doi.org/10.1016/j.eiar.2022.107025 issn 2807-2812 journal of human rights, culture and legal system 323 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) the land they inhabit and manage. biodiversity, natural beauty, and unique customs are the main attraction for tourists. however, in its utilization there is often a conflict of interest between the local customary law community and the state, this has been experienced by indonesia and thailand. the factors that influence the problem of protecting customary land rights in indonesia and thailand such as the existence of legal dualism in land management, conflict of interest between indigenous peoples and the state, and unclear boundaries of customary land territories. then, the impact of the problematic protection of customary land rights on customary law communities is legal uncertainty regarding the protection of customary land, the decline in the welfare of customary law communities, and inequality and discrimination of indigenous and tribal peoples. references anthias, penelope, ‘rethinking territory and property in indigenous land claims’, geoforum, 119 (2021), 268–78 https://doi.org/https://doi.org/10.1016/j.geoforum.2019.09.008 blesia, jhon urasti, keith dixon, and beverley rae lord, ‘indigenous experiences and perspectives on a mining corporation’s community relations and development activities’, resources policy, 80 (2023), 103202 https://doi.org/https://doi.org/10.1016/j.resourpol.2022.103202 bose, purabi, ‘land tenure and forest rights of rural and indigenous women in latin america: empirical evidence’, women’s studies international forum, 65 (2017), 1–8 https://doi.org/https://doi.org/10.1016/j.wsif.2017.10.006 ceddia, michele graziano, ulrich gunter, and pasquale pazienza, ‘indigenous peoples’ land rights and agricultural expansion in latin america: a dynamic panel data approach’, forest policy and economics, 109 (2019), 102001 https://doi.org/https://doi.org/10.1016/j.forpol.2019.102001 chan, jessica, kalinda griffiths, ashley turner, joshua tobias, warren clarmont, geoff delaney, and others, ‘radiation therapy and indigenous peoples in canada and australia: building paths toward reconciliation in cancer care delivery’, international journal of radiation oncology*biology*physics, 116.2 (2023), 421–29 https://doi.org/https://doi.org/10.1016/j.ijrobp.2022.09.085 darling, samantha, blane harvey, and gordon m hickey, ‘from “stakeholders” to rights holders: how approaches to impact assessment affect indigenous participation in the yukon territory, canada’, environmental impact assessment review, 99 (2023), 107025 https://doi.org/https://doi.org/10.1016/j.eiar.2022.107025 datta, ranjan, margot a hurlbert, and william marion, ‘indigenous community perspectives on energy governance’, environmental science & policy, 136 (2022), 555–63 https://doi.org/https://doi.org/10.1016/j.envsci.2022.07.010 dewi, septya hanung surya, i gusti ayu ketut rachmi handayani, and fatma ulfatun najicha, ‘kedudukan dan perlindungan masyarakat adat dalam mendiami hutan adat’, jurnal legislatif, 2020, 79–92 https://doi.org/https://doi.org/10.20956/jl.v4i1.12322 https://doi.org/https:/doi.org/10.1016/j.geoforum.2019.09.008 https://doi.org/https:/doi.org/10.1016/j.resourpol.2022.103202 https://doi.org/https:/doi.org/10.1016/j.wsif.2017.10.006 https://doi.org/https:/doi.org/10.1016/j.forpol.2019.102001 https://doi.org/https:/doi.org/10.1016/j.ijrobp.2022.09.085 https://doi.org/https:/doi.org/10.1016/j.eiar.2022.107025 https://doi.org/https:/doi.org/10.1016/j.envsci.2022.07.010 https://doi.org/https:/doi.org/10.20956/jl.v4i1.12322 324 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) domínguez, lara, and colin luoma, ‘decolonising conservation policy: how colonial land and conservation ideologies persist and perpetuate indigenous injustices at the expense of the environment’, land, 9.3 (2020), 65 https://doi.org/10.3390/land9030065 dunning, kelly, ‘biodiversity conservation policy in megadiverse countries: comparing policy systems for 2020 targets to inform management in the coming decades’, journal of environmental management, 302 (2022), 113815 https://doi.org/https://doi.org/10.1016/j.jenvman.2021.113815 engen, sigrid, vera helene hausner, per fauchald, audun ruud, and else grete broderstad, ‘small hydropower, large obstacle? exploring land use conflict, indigenous opposition and acceptance in the norwegian arctic’, energy research & social science, 95 (2023), 102888 https://doi.org/https://doi.org/10.1016/j.erss.2022.102888 fadilla, al, yoga brata, rakotoarisoa maminiaina, and heritiana sedera, ‘the implementing a carbon tax as a means of increasing investment value in indonesia’, the implementing a carbon tax as a means of increasing investment value in indonesia, 1.2 (2023), 39–50 https://doi.org/https://doi.org/10.53955/jsderi.v1i2.6 fligg, robert a, brian ballantyne, and derek t robinson, ‘informality within indigenous land management: a land-use study at curve lake first nation, canada’, land use policy, 112 (2022), 105786 https://doi.org/https://doi.org/10.1016/j.landusepol.2021.105786 galla, candace kaleimamoowahinekapu, amanda holmes, joshua schwab cartas, and william rowluck, ‘community-centered indigenous language recovery, restoration, revitalization, and renewal’, in international encyclopedia of education (fourth edition), ed. by robert j tierney, fazal rizvi, and kadriye ercikan, fourth edition (oxford: elsevier, 2023), pp. 786–96 https://doi.org/https://doi.org/10.1016/b978-0-12818630-5.07038-x gerbrandt, jennifer l, and clinton n westman, ‘when a pipe breaks: monitoring an emergency spill in the oil sands and documenting its erasure of indigenous interests in land’, the extractive industries and society, 7.4 (2020), 1301–8 https://doi.org/https://doi.org/10.1016/j.exis.2020.07.012 grealy, liam, ‘slow withdrawal as managed retreat: dismantling and rebuilding an indigenous community controlled housing sector’, geoforum, 136 (2022), 173–85 https://doi.org/https://doi.org/10.1016/j.geoforum.2022.09.002 hernandez, jessica, julianne meisner, kevin bardosh, and peter rabinowitz, ‘prevent pandemics and halt climate change? strengthen land rights for indigenous peoples’, the lancet planetary health, 6.5 (2022), e381–82 https://doi.org/https://doi.org/10.1016/s2542-5196(22)00069-9 ho, peter, ‘debunking the chinese unitary state via legal pluralism: historical, indigenous and customary rights in china (1949–present)’, world development, 151 (2022), 105752 https://doi.org/https://doi.org/10.1016/j.worlddev.2021.105752 huynh, lyndsey, sidra anjum, toney lieu, makaśa looking horse, dawn martin-hill, and christine wekerle, ‘examining the connection between water concerns, water anxiety, and resilience among indigenous persons: a systematic scoping review’, child abuse & neglect, 2023, 106184 https://doi.org/10.3390/land9030065 https://doi.org/https:/doi.org/10.1016/j.jenvman.2021.113815 https://doi.org/https:/doi.org/10.1016/j.erss.2022.102888 https://doi.org/https:/doi.org/10.53955/jsderi.v1i2.6 https://doi.org/https:/doi.org/10.1016/j.landusepol.2021.105786 https://doi.org/https:/doi.org/10.1016/b978-0-12-818630-5.07038-x https://doi.org/https:/doi.org/10.1016/b978-0-12-818630-5.07038-x https://doi.org/https:/doi.org/10.1016/j.exis.2020.07.012 https://doi.org/https:/doi.org/10.1016/j.geoforum.2022.09.002 https://doi.org/https:/doi.org/10.1016/s2542-5196(22)00069-9 https://doi.org/https:/doi.org/10.1016/j.worlddev.2021.105752 issn 2807-2812 journal of human rights, culture and legal system 325 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) https://doi.org/https://doi.org/10.1016/j.chiabu.2023.106184 jamin, mohammad, and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 jamin, mohammad, abdul kadir jaelani, mulyanto, reza octavia kusumaningtyas, and duc quang ly, ‘the impact of indonesia’s mining industry regulation on the protection of indigenous peoples’, hasanuddin law review, 9.1 (2023), 88–105 https://doi.org/10.20956/halrev.v9i1.4033 jayantiari, i gusti agung mas rwa, and i ketut kasta arya wijaya, ‘tinjauan yuridis pengaturan tanah druwe desa di bali (aspek hukum perlindungan masyarakat adat atas tanah)’, wicaksana: jurnal lingkungan dan pembangunan, 1.1 (2017), 33–39 https://doi.org/https://doi.org/10.22225/wicaksana.1.1.2017.33-39 johnson, michael kotutwa, aaron m lien, natalya robbins sherman, and laura lópezhoffman, ‘barriers to pes programs in indigenous communities: a lesson in land tenure insecurity from the hopi indian reservation’, ecosystem services, 32 (2018), 62–69 https://doi.org/https://doi.org/10.1016/j.ecoser.2018.05.009 kamelamela, katie l, hannah kihalani springer, roberta ku’ulei keakealani, moana ulu ching, tamara ticktin, rebekah dickens ohara, and others, ‘kōkua aku, kōkua mai: an indigenous consensus-driven and place-based approach to community led dryland restoration and stewardship’, forest ecology and management, 506 (2022), 119949 https://doi.org/https://doi.org/10.1016/j.foreco.2021.119949 larson, anne m, juan pablo sarmiento barletti, and nicole heise vigil, ‘a place at the table is not enough: accountability for indigenous peoples and local communities in multi-stakeholder platforms’, world development, 155 (2022), 105907 https://doi.org/https://doi.org/10.1016/j.worlddev.2022.105907 leblond, jean-philippe, ‘revisiting forest transition explanations: the role of “push” factors and adaptation strategies in forest expansion in northern phetchabun, thailand’, land use policy, 83 (2019), 195–214 https://doi.org/https://doi.org/10.1016/j.landusepol.2019.01.035 leonard, bryan, dominic p parker, and terry l anderson, ‘land quality, land rights, and indigenous poverty’, journal of development economics, 143 (2020), 102435 https://doi.org/https://doi.org/10.1016/j.jdeveco.2019.102435 leonhardt, renata, bram noble, greg poelzer, ken belcher, and patricia fitzpatrick, ‘government instruments for community renewable energy in northern and indigenous communities’, energy policy, 177 (2023), 113560 https://doi.org/https://doi.org/10.1016/j.enpol.2023.113560 levy, michelle, melissa holder, maria fairman, sierra two bulls, laura ramirez, cheryl holmes, and others, ‘growing stronger together: implementing the strengthening families program with indigenous communities’, child abuse & neglect, 2023, 106241 https://doi.org/https://doi.org/10.1016/j.chiabu.2023.106241 lohmann, larry, ‘land, power and forest colonization in thailand’, global ecology and biogeography letters, 3.4/6 (1993), 180 https://doi.org/10.2307/2997768 mahrus, muhamad, setia wijaksana, and nurita wulandari, ‘the optimization of https://doi.org/https:/doi.org/10.1016/j.chiabu.2023.106184 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/10.20956/halrev.v9i1.4033 https://doi.org/https:/doi.org/10.22225/wicaksana.1.1.2017.33-39 https://doi.org/https:/doi.org/10.1016/j.ecoser.2018.05.009 https://doi.org/https:/doi.org/10.1016/j.foreco.2021.119949 https://doi.org/https:/doi.org/10.1016/j.worlddev.2022.105907 https://doi.org/https:/doi.org/10.1016/j.landusepol.2019.01.035 https://doi.org/https:/doi.org/10.1016/j.jdeveco.2019.102435 https://doi.org/https:/doi.org/10.1016/j.enpol.2023.113560 https://doi.org/https:/doi.org/10.1016/j.chiabu.2023.106241 https://doi.org/10.2307/2997768 326 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) environmental policy to achieve sustainable development goals’, journal of sustainable development and regulatory issues, 1.2 (2023), 98–107 https://doi.org/https://doi.org/10.53955/jsderi.v1i2.10 journal mccarthy, john f., ahmad dhiaulhaq, suraya afiff, and kathryn robinson, ‘land reform rationalities and their governance effects in indonesia: provoking land politics or addressing adverse formalisation?’, geoforum, 132.april (2022), 92–102 https://doi.org/10.1016/j.geoforum.2022.04.008 nelson, sarah e, and kathi wilson, ‘rights and health versus rights to health: bringing indigenous peoples’ legal rights into the spaces of health care services’, political geography, 85 (2021), 102311 https://doi.org/https://doi.org/10.1016/j.polgeo.2020.102311 nightingale, elana, and chantelle a m richmond, ‘building structures of environmental repossession to reclaim land, self-determination and indigenous wellness’, health & place, 73 (2022), 102725 https://doi.org/https://doi.org/10.1016/j.healthplace.2021.102725 normyle, anna, bruce doran, michael vardon, dean mathews, and julie melbourne, ‘land cover and fire accounts to support indigenous land management: a pilot study of yawuru country’, journal of environmental management, 313 (2022), 115003 https://doi.org/https://doi.org/10.1016/j.jenvman.2022.115003 paixao, silvane, joão p hespanha, tarun ghawana, andrea f t carneiro, jaap zevenbergen, and lilian n frederico, ‘modeling indigenous tribes’ land rights with iso 19152 ladm: a case from brazil’, land use policy, 49 (2015), 587–97 https://doi.org/https://doi.org/10.1016/j.landusepol.2014.12.001 penados, filiberto, levi gahman, and shelda-jane smith, ‘land, race, and (slow) violence: indigenous resistance to racial capitalism and the coloniality of development in the caribbean’, geoforum, 2022 https://doi.org/https://doi.org/10.1016/j.geoforum.2022.07.004 pichler, melanie, manan bhan, and simone gingrich, ‘the social and ecological costs of reforestation. territorialization and industrialization of land use accompany forest transitions in southeast asia’, land use policy, 101 (2021), 105180 https://doi.org/https://doi.org/10.1016/j.landusepol.2020.105180 poderati, giuseppe, ‘human rights aspects and soil governance. a special focus on land grabbing’, soil security, 6 (2022), 100042 https://doi.org/https://doi.org/10.1016/j.soisec.2022.100042 rismawati, eka, and abdul kadir jaelani, ‘the regulation of foreign workers as technology and knowledge transfer’, journal of sustainable development and regulatory issues, 1.2 (2023), 64–74 https://doi.org/https://doi.org/10.53955/jsderi.v1i2.8 sahide, muhammad alif k, micah r fisher, emban ibnurusyd mas’ud, wiwik dharmiasih, bart verheijen, and ahmad maryudi, ‘land and power framework for assessing ecosystem essential area policy’, methodsx, 7 (2020), 101032 https://doi.org/https://doi.org/10.1016/j.mex.2020.101032 sangha, kamaljit k, simone maynard, jasmine pearson, pariva dobriyal, ruchi badola, and syed ainul hussain, ‘recognising the role of local and indigenous communities https://doi.org/https:/doi.org/10.53955/jsderi.v1i2.10%20journal https://doi.org/10.1016/j.geoforum.2022.04.008 https://doi.org/https:/doi.org/10.1016/j.polgeo.2020.102311 https://doi.org/https:/doi.org/10.1016/j.healthplace.2021.102725 https://doi.org/https:/doi.org/10.1016/j.jenvman.2022.115003 https://doi.org/https:/doi.org/10.1016/j.landusepol.2014.12.001 https://doi.org/https:/doi.org/10.1016/j.geoforum.2022.07.004 https://doi.org/https:/doi.org/10.1016/j.landusepol.2020.105180 https://doi.org/https:/doi.org/10.1016/j.soisec.2022.100042 https://doi.org/https:/doi.org/10.53955/jsderi.v1i2.8 https://doi.org/https:/doi.org/10.1016/j.mex.2020.101032 issn 2807-2812 journal of human rights, culture and legal system 327 vol. 3, no. 2, july 2023, pp. 308-327 gde made swardhana, et.al (the participation within indigenous land management) in managing natural resources for the greater public benefit: case studies from asia and oceania region’, ecosystem services, 39 (2019), 100991 https://doi.org/https://doi.org/10.1016/j.ecoser.2019.100991 sato, jin, ‘people in between: conversion and conservation of forest lands in thailand’, development and change, 31.1 (2000), 155–77 https://doi.org/10.1111/14677660.00150 sofield, trevor, jaume guia, and jan specht, ‘organic “folkloric” community driven place-making and tourism’, tourism management, 61 (2017), 1–22 https://doi.org/https://doi.org/10.1016/j.tourman.2017.01.002 stirling, kasey m, kaitlin almack, nicholas boucher, alexander duncan, andrew m muir, jared w h connoy, and others, ‘experiences and insights on bridging knowledge systems between indigenous and non-indigenous partners: learnings from the laurentian great lakes’, journal of great lakes research, 49 (2023), s58–71 https://doi.org/https://doi.org/10.1016/j.jglr.2023.01.007 suartika, gusti ayu made, ‘territoriality and the market system—adat land vs. state regulations on land matters in bali’, habitat international, 31.2 (2007), 167–76 https://doi.org/https://doi.org/10.1016/j.habitatint.2006.11.001 thériault, sophie, sabrina bourgeois, and zoé boirin-fargues, ‘indigenous peoples’ agency within and beyond rights in the mining context: the case of the schefferville region’, the extractive industries and society, 12 (2022), 100979 https://doi.org/https://doi.org/10.1016/j.exis.2021.100979 tiolince, tiara, ‘indonesian telemedicine regulation to provide legal protection for patient’, journal of sustainable development and regulatory issues, 1.2 (2023), 75–97 https://doi.org/https://doi.org/10.53955/jsderi.v1i2.9 veettil, prakashan chellattan, darley jose kjosavik, and arathy ashok, ‘valuing the “bundle of land rights”: on formalising indigenous people’s (adivasis) land rights in kerala, india’, land use policy, 30.1 (2013), 408–16 https://doi.org/https://doi.org/10.1016/j.landusepol.2012.04.013 wheat, stefan, shasta gaughen, james skeet, larry campbell, jamie donatuto, jacqualine schaeffer, and others, ‘climate change and covid-19: assessing the vulnerability and resilience of u.s. indigenous communities to syndemic crises’, the journal of climate change and health, 8 (2022), 100148 https://doi.org/https://doi.org/10.1016/j.joclim.2022.100148 wicaksono, agung, irni yunita, and gede ginaya, ‘living side by side with nature: evidence of self-governance in three local communities in indonesia’, heliyon, 8.12 (2022), e12248 https://doi.org/10.1016/j.heliyon.2022.e12248 wittayapak, chusak, and ian g baird, ‘communal land titling dilemmas in northern thailand: from community forestry to beneficial yet risky and uncertain options’, land use policy, 71 (2018), 320–28 https://doi.org/https://doi.org/10.1016/j.landusepol.2017.12.019 zhang, jingmei, subin xu, and nobuo aoki, ‘contradictions of indigenous cognition and heritage evaluation under political transformations in a working-class community in tianjin, china’, cities, 132 (2023), 104031 https://doi.org/https://doi.org/10.1016/j.cities.2022.104031 https://doi.org/https:/doi.org/10.1016/j.ecoser.2019.100991 https://doi.org/10.1111/1467-7660.00150 https://doi.org/10.1111/1467-7660.00150 https://doi.org/https:/doi.org/10.1016/j.tourman.2017.01.002 https://doi.org/https:/doi.org/10.1016/j.jglr.2023.01.007 https://doi.org/https:/doi.org/10.1016/j.habitatint.2006.11.001 https://doi.org/https:/doi.org/10.1016/j.exis.2021.100979 https://doi.org/https:/doi.org/10.53955/jsderi.v1i2.9 https://doi.org/https:/doi.org/10.1016/j.landusepol.2012.04.013 https://doi.org/https:/doi.org/10.1016/j.joclim.2022.100148 https://doi.org/10.1016/j.heliyon.2022.e12248 https://doi.org/https:/doi.org/10.1016/j.landusepol.2017.12.019 https://doi.org/https:/doi.org/10.1016/j.cities.2022.104031 journal of human rights, culture and legal system, volume 1, no. 1, 2021 1 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). research article strategy and management of dispute resolution, land conflicts at the land office of sleman regency iswantoro 1 1 faculty of sharia and law universitas islam negeri (uin) sunan kalijaga, yogyakarta, indonesia  iswan_uin@yahoo.com abstract complex land disputes from time to time have increased both in quality and quantity. the cause is due to the needs of increasingly complex land use while minimal land availability. in addition, the cause can be triggered by any regulations that overlap and occur disharmony in its implementation. this problem is coupled with the lack of legal understanding in society due to acts committed on its soil and the publication of the registration system, which adopts negative publications, opening the faucet lawsuit and objections from other parties on the ground registered. inequality in land ownership and the certificate and the use of land that is not following the location permit, allotment, use, and utilization of the land made into the complex problems of land disputes. this condition needs to be made to seek justice, legal protection, and law enforcement, namely the judiciary. in addition, the settlement of land disputes can flow through administrative channels that bpn, mediation, reconciliation, and adr, which action significantly contributed to the completion of land disputes. therefore, the necessary stakeholders to these ideals can be realized. keywords: dispute resolution; land conflicts; land office. introduction for the indonesian people, the land is a vital element in the nation's life and state. the relationship between the indonesian people and the land is eternal. the entire territory of the unitary state of the republic of indonesia (nkri) is the unitary homeland of the entire indonesian nation. the land is the glue of the unitary state of the republic of indonesia. therefore, the land needs to be managed and regulated nationally to maintain the sustainability of the life system of the nation and state. within this framework, the constitutional mandate emphasizes that land politics and policies are directed at realizing land for "the greatest prosperity of the people."1 although it has been mandated in the 1945 constitution that land is a source of people's prosperity, the number of poor people in indonesia is still quite large (about 39 million people). 1badan pertanahan nasional, rencana strategis badan pertanahan nasional republik indonesia tahun 2010-2014, (jakarta: bpn ri, 2010), p. 1. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ 2 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). this happens because there is still an imbalance in control, ownership, use, and utilization of land (p4t). p4t inequality and inequality with other production sources make it increasingly difficult to reduce poverty and unemployment. p4t inequality can also lead to damage to land resources and the environment, increasing disputes, conflicts, and land cases. furthermore, this land issue will impact the vulnerability of food security which will ultimately affect national security.2 awareness of the function and position of land is also revealed in the basic agrarian law, which states that there is an eternal relationship between land and the indonesian people. therefore, article 33 of the 1945 constitution implies the phrase "controlled," which indicates that the state is not the landowner. this is confirmed by explaining the 1960 loga, which explains that the state only controls the land. the definition of land "controlled" does not mean "owned," but only certain powers granted by the state as an organization of power. this can be regulated in article 2 paragraph (2) of the loga that the state's authority is a. regulate and administer the designation, use, supply, and maintenance of the earth, water, and space. b. define and regulate the legal relations between people and the earth, water, and space. c. determine and regulate legal relations between people and legal actions concerning the earth, water, and space, all to achieve the greatest prosperity of the people in the sense of nationality, welfare, and independence in society and an independent indonesian legal state, sovereign, just and prosperous. land problems arise when authority (the right to control the state) is faced with the human rights of citizens, incredibly individual property rights, and communal rights (layout land).3 land 2ibid., p. 2. 3serious attention to the rights of indigenous and tribal peoples, particularly related to land rights, began with the formation of the world council of indigenous people (wcip) in 1966. subsequently, in 1982 a working group on indigenous people (wgip) was formed through the approval of the united nations social and economic council. it was only since the declaration of the convention concerning indigenous and tribal peoples in independent countries (convention no. 169) in 1989, the entity of indigenous peoples has been increasingly recognized by many countries, where every government is required to respect the culture and values that exist in indigenous and tribal peoples. in this convention, the basic principles regarding indigenous people and tribal people have been given as follows: “people in independent countries who are regarded as indigenous on account on their descent from populations which inhabited the country or geographical region to which the country belongs at the time of colonization or the establishment of present state boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions. those from the population who inhabited a country or geographical area that the state had at the time of its colonization or the establishment of current national boundaries and regardless of their legal status retain some or all of their own social, economic, cultural and political institutions). “tribal people in independent countries whose social, cultural, and economic conditions distinguish them from other sections of the national community, and whose status is regulated wholly or partially by their customs, traditions or by special law or regulation. independent states whose social, cultural, and economic conditions distinguish them from the rest of the national community and whose status is governed in whole or in part by their customs, traditions, special laws, or regulations). one of the important events related to the recognition and strengthening of indigenous and tribal peoples departed from the results of the earth summit in rio de janeiro in 1992 with the issuance of the rio declaration on environment and development (1992). in principle 22, it is stated that customary law communities have an essential role in environmental management and development because of their traditional knowledge and practices. therefore, the state must recognize and fully support the entity, its culture, and interests and provide opportunities to participate in the achievement of sustainable development actively. in addition to the declaration, there are also actual results from the earth summit, namely agenda 21. chapter 26 of agenda 21 emphasizes the protection of the customary rights of indigenous and tribal peoples, as follows: "indigenous people and their communities have a historical relationship with their lands and are generally descendants of the original inhabitants of such lands. in the context of this chapter, the term "lands" is understood to include the environment of the areas which the people concerned traditionally occupy. in this context, the term https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 3 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). issues from year to year develop and are complex. the complexity and problems and the quantity are in line with the dynamics in the economic, social, and political fields. the typology of cases in the land sector can be broadly divided into five groups, namely:4 1. cases related to people's cultivation of plantations, forestry, and other lands. 2. cases regarding violations of land reform regulations. 3. cases regarding accesses to land provision for development. 4. civil disputes regarding land issues. 5. disputes regarding layout land. land disputes and conflicts that have become more lively and complex are very clearly seen as more vertical conflicts and disputes between the community and the government or the authorities. at first glance, what appears to be a horizontal conflict between the community and entrepreneurs/investors or state-owned enterprises (bumn). however, behind that, the people deal with the state, which protects entrepreneurs and state-owned enterprises. compared to horizontal conflicts between other communities, conflicts with vertical dimensions are more dominant.5 in 2009-2010, the land office of sleman regency recorded disputes/conflicts related to ownership of 31 cases, while disputes over the implementation of court decisions reached 4 cases. meanwhile, based on the map of the distribution of land disputes and conflicts, they are spread in various sub-districts in sleman regency. one way to anticipate various problems over land disputes is by way of land registration to create legal certainty and strengthen land rights along with economic, social, and political developments, the land rights mentioned in article 16 jo. article 53 of the logga is not a limitation, meaning that it is possible to create new land rights regulated explicitly by law in addition to the land rights mentioned in the logga.6 this paper describes the settlement of land disputes and conflicts in the sleman regency land office within the framework of legal certainty and justice. this paper is a continuation of previous writings that direct attention to resolving land disputes and conflicts within the framework of achieving legal certainty and justice carried out at the sleman land office. the writing is based on the phenomenon of increasing disputes over land conflicts both vertically and horizontally. discussion overview of the public interest principle in land acquisition for development the universal declaration of human rights (udhr), also called the universal declaration of human rights (udhr), has been adopted into the national law of many countries, including indonesia. actually, before the birth of the udhr, indonesia had included the provisions of "land" is understood to include the area environment in which the community concerned traditionally occupies). furthermore, the united nations permanent forum on indigenous people, which was formed in 2000, ratified the united nations declaration of the rights of indigenous people (undrip) on 12 september 2007, in which indonesia is one of the signatory countries. this declaration has recognized in detail the rights of indigenous and tribal peoples, both individually and collectively, starting from the economic, social, cultural, political, and other fields. thus, the indonesian state should respect, protect, and fulfill the rights of indigenous peoples that have been guaranteed in the declaration. 4maria sw soemardjono, nurhasan ismail, isharyanto, mediasi sengketa tanah (potensi penerapan alternatif penyelesaian sengketa (adr) di bidang pertanahan, (jakarta: penerbit buku kompas, 2008), p. 2 5bernhard limbong, komflik pertanahan...,p. 4. 6urip santoso, hukum agraria & hak-hak atas tanah, (jakarta: prenada media group, 2005), p. 89. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ 4 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). human rights (ham) in the 1945 constitution (uud 1945) before the amendments, such as article 27 regarding everyone being equal before the law and the right to work and a decent living, article 28 on freedom of association and opinion, article 29, freedom of religion and practice of worship, and article 31 of the right to education. all of these are matters regulated in the udhr and the 1945 constitution before the amendment. this means that the formulators of the 1945 constitution had known the concepts of human rights and incorporated them into the constitution, which became the basis of the state before the general assembly proclaimed the udhr, united nations (general assembly, united nations) on december 10, 1948. contained in the 1945 constitution also underwent significant changes after the reformation. the 1945 constitution has been amended four times. regulations regarding human rights are also given a unique space. provisions regarding human rights are regulated in the human rights chapter, where there was no particular chapter called human rights, chapter xa human rights. the human rights chapter contained in this constitution was added to the second amendment adopted on august 18, 2000. the various provisions in the udhr are included in the 1945 constitution, including protecting personal property, which no one can arbitrarily confiscate. this provision is contained in article 17 paragraph (1) of the udhr, which states, "everyone has the right to own property alone as well as in association with others." furthermore, in paragraph (2), "no one shall be arbitrarily deprived of his property." whereas in the 1945 constitution, it is contained in article 28 h paragraph (4), "everyone has the right to have private property rights, and these property rights may not be taken over arbitrarily by anyone..” meanwhile, indonesia is a country that also adheres to a communalistic understanding, regulating private ownership of an object, in this case, land, not only functions for the owner but also has a social function. this is explicitly stated in article 6 of law number 5 of 1960 concerning the basic regulations on agrarian principles (uupa), "all land rights have a social function." with this provision, the state can "take over" community lands for reasons of public interest to be developed for the common interest. when the general assembly declared the udhr, united nations, although no country refused, eight countries abstained from the udhr. these countries include saudi arabia, belarus, czechoslovakia, ukraine, poland, the soviet union, yugoslavia, and south africa. saudi arabia and other islamic countries object to the existence of article 16 paragraph (1) of the udhr, "men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. they are entitled to equal rights as to marriage, during marriage and at its dissolution." in islamic teachings, marriage between muslim women and non-muslim men is prohibited. for this reason, saudi as a country based on islam, which is sourced from the qur'an and hadith, objected to the provisions of article 16 paragraph (1) of the udhr because udhr abolished religious restrictions. to get married. in addition, saudi arabia also objected to article 18 of the udhr, which states, “everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” islam teaches that there is no compulsion to enter islam, but islam forbids anyone who has embraced islam to leave this noble teaching. the departure of someone from the teachings of islam is called an apostate and has its threats both in this world and in the hereafter. for this reason, saudi arabia also objected to accepting the udhr. it is clear from article 18 of the udhr, which is based on secularism, separating religious life from the world or setting aside religious teachings in the affairs of worldly life. even though islamic teachings not only regulate matters of worship rituals but also regulate world life. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 5 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). for socialist countries, the existence of article 17 is a reason for them to abstain. article 17 of the udhr states, “(1) everyone has the right to own property alone as well as in association with others.” moreover, the verse “(2) no one shall be arbitrarily deprived of his property.” the existence of this article is contrary to the socialist-communist teachings, which prioritize the common interest rather than the individual. in socialist countries, article 17 of the udhr is considered a manifestation of individualist understanding that upholds personal rights. while socialist teachings put more emphasis on communalistic teachings. meanwhile, in indonesia, the 1945 constitution has accommodated the provisions of article 17 of the udhr in article 28 h paragraph (4) of the 1945 constitution, "everyone has the right to have private property rights and such property rights may not be taken over arbitrarily by anyone." this article protects everyone's property from insecurity, from parties who want to seize it arbitrarily. although indonesia adopted the provisions of article 17 of the udhr in article 28 h paragraph (4) of the 1945 constitution, article 6 of the uupa also adopted an understanding that upholds common or social interests, "all land rights have a social function." in general elucidation ii number 4 of the loga, it explains the purpose of the social function, namely: "that any land rights that exist in a person, cannot be justified, that his land will be used (or not used) solely for his interests, especially if it causes harm to the community. the use of land must be adapted to its conditions and the nature of its rights so that it is beneficial for the welfare and happiness of those who own it and the community and the state. the basic agrarian law also takes into account individual interests. the interests of the community and the interests of individuals must balance each other so that in the end, the main goal will be achieved: prosperity, justice, and happiness for the people as a whole (article 2 paragraph 3). the existence of article 6 of the uupa stipulates that all land rights owned by the community are not solely used for personal interests but must also pay attention to the people's interests. the principle of social function is taken from the provisions of article 33 paragraph (3) of the 1945 constitution, although this article does not explicitly state the term social function. with this principle, land should not harm the public interest, and to protect the public interest, the government can intervene in someone's land ownership. the existence of article 6 of the loga takes a compromise route between two notions, namely individualism and communalism, or between personal interests and the community together. according to sutiknyo, conveyed by mahfud md, the loga initially received criticism from two extreme camps who accused the loga of liberal individualism and conflict with pancasila because it allowed land ownership even with certain limitations, while the other camp accused the loga of a communistic character because even though it allowed ownership of land. on land by individuals but imposes restrictions that violate individual rights. historically, social functions were born in the west as a reaction to the excessive use of property rights, causing harm to the interests of others. legal history recognizes it as an abuse of rights (misbruik van eigendomsrecht). meanwhile, the concept of property rights was born in a situation of liberalism. therefore, property rights reflect the character of the community. for people who follow liberalism, it is undoubtedly different from people who follow socialism. according to mahfud md, the consequence of the social function is that if there is abandoned land, the rights to the land return to the "right of control from the state." besides that, it can also have consequences for the state's authority to determine the maximum and minimum area of land that can be used as property rights and revoke land rights needed for the public interest based on the provisions of the law. related to the above, article 36 of law number 39 of 1999 concerning human rights (uu ham) has combined the provisions contained in article 28h https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ 6 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). paragraph (4) of the 1945 constitution with article 6 of the uupa. combining the protection of individual property rights with the social function of an object. article 36 of the human rights law: (1) everyone has the right to own property, either alone or together with others, to develop himself, his family, the nation, and society in a manner that does not violate the law. (2) no one may be deprived of his property arbitrarily and against the law. (3) property rights have a social function. this provision shows the result of a compromise of two different understandings. on the one hand, recognizing individual rights, on the other hand, individual rights can be set aside if social interests so desire. this kind of arrangement is neither individualistic nor communalistic. according to mahfud md, this kind of arrangement is prismatic. the prismatic concept is a concept that brings together the excellent side of individualism (respect for individual freedom rights) and the good side of communalism (respect for the equality of human dignity). the rights of a person are not free (not unlimited) because they are always limited by the rights of others and the rights of the wider community, whether carried out by the government for reasons of public interest or by other parties for various development activities. therefore, the expropriation of rights must be carried out per statutory regulations followed by fair compensation, both for fictitious losses (land, buildings, plants, etc.), certain advantages/benefits, etc.). in the explanation of article 36 paragraph (3) of the human rights law, it is explained: "property rights have a social function" is that every use of property rights must pay attention to the public interest. if the public interest wants or needs it, the property rights can be revoked following the provisions of the legislation. according to boedi harsono, the public interest must take precedence over personal interests, following the legal principles that apply to living together in society. nevertheless, individual interests are not ignored because individual land rights are respected and protected by law. so, if the public interest wants to override personal interests, which result in personal losses, then there must be compensation for all of it. article 5 of law number 2 of 2012 concerning land pro curement for development in the public interest (law no. 2 of 2012) states that "the entitled party is obliged to relinquish their land at the time of the implementation of land procurement for public interest after granting compensation or based on a court decision which has obtained permanent legal force." with this provision, a person's ownership of land rights is limited by the public interest. article 5 of law no. 2/2012 clarifies the social function, namely, in the context of land acquisition for the public interest. individual ownership of land can be waived if the public interest so desires. article 10 of law no. 2/2012 stipulates that land for public purposes is used for development: a. national defense and security; b. public roads, toll roads, tunnels, railway lines, railway stations, and railway operating facilities; c. reservoirs, dams, dams, irrigation, drinking water canals, sewers and sanitation, and other irrigation structures; d. ports, airports, and terminals; e. oil, gas, and geothermal infrastructure; f. generation, transmission, substation, network, and distribution of electric power; g. government telecommunications and information networks; h. places for waste disposal and processing; i. government hospital/local government; https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 7 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). j. public safety facilities; k. public cemeteries of the government/regional government; l. social facilities, public facilities, and public green open spaces; m. natural and cultural reserves; n. government office/regional/village government; o. arrangement of urban slum settlements or land consolidation, as well as housing for the community p. low income with rental status; q. government/local government education or school infrastructure; r. government/local government sports infrastructure; and s. public market and public parking lot. while the social functions regulated in article 6 of the loga and article 36 paragraph (3) of the human rights law, as a juridical basis for social interests cannot make the state take people's land arbitrarily, but several provisions must be met, such as paying the land at a fixed price. reasonable when taking public land for public purposes. article 33 of law no. 2/2012 states that the appraisal of the value of compensation shall be carried out on a plot per plot of land, including: a. land; b. above ground and underground space; c. building; d. plant; e. objects related to land; or f. other losses that can be assessed. the value of the amount of compensation given is the value at the time of the announcement of the determination of the construction location for the public interest. the amount of compensation designed by the appraiser becomes the basis for discussion with the landowner. if certain land parcels affected by the land procurement have residues that can no longer be functioned according to their designation and use, the entitled party may request a complete replacement of the land parcels. compensation can be given in the form of: a. money; b. replacement land; c. resettlement; d. shareholding; or e. both parties agree upon other forms. to make compensation payments, it must be preceded by deliberation. if deliberation is not reached, the judiciary will decide the amount of compensation paid for land acquisition in the public interest. with this kind of arrangement, community ownership rights over their lands are not easy to be "taken away" by the state. the existence of these strict requirements shows that legislators respect and protect community land ownership. the acknowledgment of land ownership, which has been concretized with a certificate, has long occurred during the ottoman caliphate era, as stated in article 1737 of the islamic civil code. likewise, in other countries https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ 8 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). such as the uk, a certificate acknowledges one's land rights as regulated in the land registrations act 1925).7 in indonesia, land rights certificates serve as solid evidence confirmed in article 32 paragraph (1) of government regulation number 24 of 1997 concerning land registration, which has now been revoked and reaffirmed. the study of the certificate's validity is significant, at least because first, the certificate provides legal certainty of land ownership for the person whose name is listed in the certificate. issuance of certificates can prevent land disputes. ownership of certificates will give a feeling of peace and security because they are protected from arbitrary actions by anyone. second, the granting of certificates is intended to prevent land ownership disputes. third, with the ownership of the certificate, the landowner can take any legal action as long as it does not conflict with the law, public order, and morality. in addition, certificates have economic value, where certified land has a high economic value if used as debt security with mortgage rights over the land.8 even though it has received recognition in the loga, the certificate does not guarantee legal certainty for the owner because the regulations themselves provide an opportunity where as long as other parties feel they own the land, they can sue the party whose name is civilly listed in the certificate to the general court, or sue the head of the bpn to the administrative court. state enterprises, or lawsuits concerning the technical administration of the publication.9 the lawsuit to the court is because the certificate has two sides, namely, on the one hand, civilly, the certificate is proof of ownership. on the other hand, a certificate is a form of determination (best hiking) issued by the head of the land office as a state administration officer, which is the best hiking. it is a form of acknowledgment of land ownership rights for the owner. the certificate issued is also declaratory, namely a decision to recognize something that already exists and is given because it has fulfilled the specified conditions. the issuance of declaratory decisions is carried out to realize a provision in the law that is still abstract in the form of a concrete event, for example, a certificate issuer.10 there are lawsuits by other parties who feel they own land to court because land registration in the loga uses a negative publicity system, and the state does not provide guarantees. as for the positive registration system, the truth of the data presented is guaranteed by the state. in the negative publication system, the state does not guarantee the truth of the data presented. land registration using a negative publicity system is motivated by land law in indonesia, which uses customary law, where if one person for some time leaves his land uncultivated, then the land is worked on by someone else who acquired it in good faith, then the right to reclaim the land is lost.11 of these problems, there are at least three main problems behind the issuance of fake certificates. first, misunderstanding, recognizing, and applying for the position in the issuance of a fake certificate. second, the problem is reinforced by a lack of understanding of the institution of land ownership rights or the institution of transferring land ownership and ignoring the link 7pasal 1737 kitab undang-undang hukum perdata islam (zaman kekhalifahan turki usmani versi mazhab hanafi), p.432. read also adrian sutedi, sertifikat...,p.1. 8bachsan mustafa, hukum agraria dalam perspektif, (bandung: remaja karya, 1988), p.57. read also rusmadi murad, administrasi pertanahan pelaksanaannya dalam praktik, (bandung: mandar maju, 1997), p.46. 9supriadi, hukum agraria, (jakarta: sinar grafika, 2009), hlm.56. read also munsyarif dkk, kebijakan pengaturan pertanahan daerah yogyakarta, ( yogyakarta: pusat penelitian dan pengembangan bpn-ri, 2010). p.1-4. ni'matul huda, beberapa kendala dalam penyelesaian status tanah bekas swapraja di di yogyakarta, jurnal hukum uii no.13 vol. 7 april 2000. 10sadu wasistiono, kapita selekta penyelenggaraan pemerintahan daerah, bandung: alqaprint jatinangor, p. 27, lihat juga dalam agung hendarto, nazar suhendar (eds), good government dan penguatan institusi daerah, masyarakat transparansi indonesia (mti), 2002, hl 2-3. 11phillipus m. hadjon, pengantar hukum perizinan, (surabaya: yuridika, 1993), p. 2. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 9 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). points in legal institutions between legal systems. third, there was an act of legalizing a mutation document with a legal defect, making a deed of transfer of rights not carried out by ppat. fourth, the land administration system is not sound, so it cannot prevent the birth of fake certificates. to anticipate or prevent certificate forgery, at least several things must be done, including:12 1. good printing of certificate blanks, so they are difficult to forge. 2. before making the deed of transfer of rights, first check the certificate of land rights at the land office. 3. safeguarding the archives of land certificates, mainly land book archives and situation drawings/measurements. 4. increase the accuracy and thoroughness of officials who issue certificates. as for dual certificates, i.e., a plot of land has more than one certificate, there is a complete or partial overlap of multiple certificates because the certificates are not mapped in the land registration map or the situation map in the area. if a registration map or situation map at each land office is made, or a picture of the situation/measurement letter is made on the map, the possibility of duplicate certificates is minimal. however, if there is a double certificate, then there must be a cancellation from one of the parties by checking the supporting documents. this can take a long time, especially if there is a certificate lawsuit to the court, to request annulment for the aggrieved party. however, the case for dual certificates must be examined because it can be caused by various things, whether duplicated by an outside party or because it has been reissued. the birth of multiple certificates cannot be separated from the land office officials' actions, such as canceling an old certificate and issuing a new certificate for and on behalf of another person without the knowledge of the owner whose name was listed in the old land certificate.13 land problems from year to year develop and are complex. the complexity, problems, and quantity align with the dynamics in the economic, social, and political fields. the typology of cases in the land sector can be broadly divided into five groups, namely:14 1. cases relating to people's cultivation of plantation, forestry, and other lands; 2. cases regarding violations of landreform regulations; 3. cases relating to excesses of land provision for development; 4. civil disputes relating to land issues; 5. disputes regarding ulayat land. one way to anticipate various problems over land rights is by way of land registration to create legal certainty and strengthen land rights. along with economic, social, and political developments, “the land rights mentioned in article 16 jo. article 53 of the loga is not a limitation, meaning that in addition to the land rights mentioned in the loga, it is possible to create new land rights regulated explicitly by law.15 the land registration law, which was previously regulated in government regulation of the republic of indonesia number 10 of 1961, is considered to be no longer able to fully support the achievement of more tangible results in national development and needs to be replaced by government regulation of the republic of 12 adrian sutedi, sertifikat...,p.10. 13ibid. 14maria sw soemardjono, nurhasan ismail, isharyanto, mediasi sengketa tanah (potensi penerapan alternatif penyelesaian sengketa (adr) di bidang pertanahan, cet kedua, (jakarta, penerbit buku kompas, , 2008), p. 2 15urip santoso, hukum agraria & hak-hak atas tanah, (jakarta: prenada media group, 2005), p. 89. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ 10 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). indonesia number 24 of 1997 in order to ensure the improvement of sustainable national development and guarantee of legal certainty in the land sector. in his online article, agust tries to compare the substance of pp no. 10 of 1961 with pp 24 of 1997 as follows:16 a. general requirements in pp no. 24 of 1997, there is only one article but consists of twenty-four items. in these twenty-four points, the implementation of land registration starts from the 1960 bal and the main points of pp. 10 of 1961. the implementation of land registration itself is not much different from pp. 10 of 1961, namely from the village. however, it is more equipped with an explanation of state land and biological data and juridical data. b. land registration in this chapter, there are differences between pp no. 10 of 1961 with pp no. 24 of 1997. in pp no. 10 of 1961, chapter two regulates the measurement, mapping, and administration of land registration administration, while in pp no. 24 of 1997, chapter two regulates the principles and objectives. in this case, in pp no. 24 of 1997, the implementation of land registration is discussed in chapter iii. the comparison between the implementation of land registration in the two pps is that in pp no. 24 of 1997 concerning land registration, it is more clarified. the implementation and implementation of land registration and the object of land registration are discussed in detail—likewise, the composition of the adjudication committee. c. land registration for the first time in terms of comparison regarding land registration for the first time in pp no. 24 of 1997, it focuses on the stages of starting land registration which is explained in detail in stages. meanwhile, in pp no. 10 of 1961 concerning land registration for the first time, it is not explained or even mentioned. pp no. 10 of 1961 only mentions the registration of rights, transfer, and revocation of land rights in the land book, organized into several parts. d. certificate issuance in the issue of certificates, there are quite striking differences between pp no. 10 of 1961 and pp no. 24 of 1997. pp no. 10 of 1961 mentions the issuance of new certificates, while pp no. 24 of 1997 mentions replacing replacement certificates. explain because of this striking difference, the content of this section is undoubtedly very different, which is in pp no. 10 of 1961, the period for granting and issuing new certificates. while pp no. 24 of 1997 explained about the replacement of damaged or lost certificates. in terms of the issuance period, they are not much different, and only the management issues are different. according to article 16 of the basic agrarian law (uupa), the land tenure system in indonesia recognizes the following rights: a. property rights are described as “the fullest and strongest rights one can have over land and which can be passed down from generation to generation.” a property right can be transferred to another party. only indonesian citizens (individuals) can get property rights, while when it comes to corporations, the government will determine which 16agust hutabarat, membandingkan substansi pp no. 10 tahun 1961 dengan pp no. 24 tahun 1997, in mata pena, http://agusthutabarat.wordpress.com20090107membandingkan-substansi-pp-no-10-tahun-1961-dengan-ppno-24-tahun-1997).htm, 2009. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ http://agusthutabarat.wordpress.com20090107membandingkan-substansi-pp-no-10-tahun-1961-dengan-pp-no-24-tahun-1997).htm/ http://agusthutabarat.wordpress.com20090107membandingkan-substansi-pp-no-10-tahun-1961-dengan-pp-no-24-tahun-1997).htm/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 11 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). corporations are entitled to land ownership rights and what conditions must be met by corporations to obtain these rights. b. cultivation right is a right to cultivate, which is the right to cultivate land directly controlled by the state for a specific time, granted to companies engaged in agriculture, fishery, or animal husbandry. a right to cultivate can only be granted on a minimum of 5 ha of land, provided that if the land in question is more than 25 hectares, sufficient investment will be made, and proper business management will be enforced. cultivation rights can be transferred to another party. the period of granting the right of cultivation is strictly enforced (maximum 25 years). only indonesian citizens and business entities formed under indonesian law and domiciled in indonesia can obtain the right to cultivate. cultivation rights can be used as loan collateral by adding a security title. c. hak guna bangunan is a right to use a building described as the right to construct and own a building on land owned by another party for a maximum period of 30 years. a right to use a building can be transferred to another party. ownership of building use rights can only be obtained by indonesian citizens and companies established under indonesian law domiciled in indonesia. d. use rights are usufructuary rights, which are rights to utilize or collect proceeds from land directly controlled by the state or land owned by other individuals who grant rights holders with the authority and obligations outlined in the rights grant agreement. a usufructuary right can be granted for a particular time, or as long as the land is used for a particular purpose, free of charge or a certain fee, or in exchange for certain services. apart from being granted to indonesian citizens, usage rights can also be granted to foreign citizens living in indonesia. concerning land directly controlled by the state, a usufructuary right can only be transferred to another party if it obtains permission from the competent authority. e. lease rights are the rights of a business entity or individual who has a lease right on land and has the right to use land owned by another party to use buildings by paying a certain amount of rent to the owner. payment of this rent can be made all at once or in stages, both before and after using the land. indonesian citizens, foreign nationals, business entities, including foreign business entities, can own land lease rights. lease rights do not apply to state land. f. the right to clear land and the right to collect forest products is the right to clear land, and the right to collect forest products can only be obtained by indonesian citizens and is regulated by a government regulation. using a legal right to collect forest products does not necessarily mean getting the right of ownership on the land in question. the right to clear land and collect forest products is a land right regulated in customary law. g. mortgage rights are mortgage rights listed in law no. 4 1996 regarding the certainty of land rights and objects related to land (security title on land and land-related objects) in mortgage cases. the 1960 bal also often mentions ulayat rights, although the definition of this right is not spelled out. those who have customary rights are customary law communities as the embodiment of all their members, not individuals. this type of right is related to civil law, which relates to joint ownership of the land, and public law, in the form of authority to manage, regulate and lead the allocation, control, use, and maintenance of it. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ 12 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). land dispute with political dimension talking about land disputes and conflicts involves several interrelated aspects. this is due to the various backgrounds of the disputes and conflicts. these tendencies are influenced by interest factors behind land disputes and conflicts, such as economic, political, civil, criminal, administrative, etc. in the regulation of the state minister of agrarian affairs/head of the national land agency concerning procedures for handling land disputes in chapter i paragraph (2) it states that interested parties are parties who feel they have a legal relationship with specific land parcels or other parties whose interests are affected by the status of the land. land disputes of a political nature are usually characterized by the following:17 1) involve the community at large. 2) causes anxiety and vulnerability in the community. disruption of security and order. 3) generating distrust of the government/state organizers. 4) disrupt the implementation of national development, and pose a danger of national disintegration. land disputes with political tendencies are usually caused by factors outside the law, such as taking advantage of popular issues at certain times. therefore, land disputes with a political dimension are more dominated by the political situation.18 the manifestation of the political dispute above, carried out in the form of demonstrations, emphasis on government institutions through institutions that are felt to be able to channel the aspirations of the community such as non-governmental organizations, the people's representative council, the national human rights commission, the ombudsman commission and even to the national human rights institution presidency. its forms are, among others: a) demands land return (reclaiming action) resulting from taking land during the colonial era. b) demands the return of arable land, which another party now controls. c) seizing of plantation lands. d) occupation of government agency assets. e) demands for granting rights to former private land occupied by the people. f) claims for return of land or claims for compensation due to land acquisition policies for development in the past. g) demands land tenure by customary law communities over ulayat lands in their territory. h) demands the return of land controlled by the people on a large scale taken over by certain parties. i) demands redistribution of land affected by land reform objects. j) demands the process of acquiring land rights that do not consider the availability of land for the community or the interests of the surrounding community. k) demands the return of land whose use is not following the location permit. l) the land belonging to the affected dutch citizen m) provisions of law no. 3 of 1960. n) the issue of land belonging to a prohibited organization. 17bernhard limbong, komflik pertanahan...,p. 277. 18these political disputes are, among others, due to: first, the discovery of many inequalities in the structure of land ownership and the existence of large-scale exploitation without considering the carrying capacity of the land and the environment, which disrupts land use. second, the law has not fully touched all levels of society, especially the lower classes of society related to legal certainty in the rights to tenure.. summerized bernhard limbong, komflik pertanahan...,p. 278. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 13 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). given its very vital nature, it can cause disturbances and involve many people, so proper handling is required. this is necessary for anticipation of adverse effects detrimental to the public interest, so the handling of land settlements in the corridor must be carried out immediately. land disputes with socio-economic dimension land disputes with socio-economic dimensions often arise in society. the leading cause is the existence of dominant land ownership inequalities. in society, there is a very striking difference between people who have vast lands. on the one hand, some people only have narrow land and do not even own land.19 a very significant difference in the socio-economic field is the leading cause which is influenced by several factors, including several laws and regulations in the land sector that are not implemented, the emergence of land grabbing because the landowners ignore their obligations. based on this, each holder of land rights is burdened with certain obligations that must be carried out, including:20 1) actively cultivate the land. 2) increase fertility and prevent soil damage. 3) maintain land boundaries. 4) manage the land according to its designation. in the context of a dispute with a civil dimension, it is closely related to the subject and object of land on having a correlation and relationship of interest in the civic association. in this condition, it is necessary to understand that related to land certification through land registration activities, government regulation number 24 of 1997 concerning land registration is determined on the procedures and procedures. determining land rights based on these rules is primarily determined by biological data, administrative data, and juridical data. as long as the data is carried out correctly, the risk of errors in land certificates is minimal. the impact of mistakes and errors opens up opportunities for lawsuits or objections for other parties. this is possible, considering that our land registration system or system adheres to a negative system, even though it is not pure.21 a negative stelsel or publication system has the consequence that the government cannot fully guarantee that the data presented contains absolute truth. therefore, the consequence is that even though the land in question has been registered and a certificate of land rights has been issued, it is still possible to be sued by other parties. furthermore, the other party's lawsuit may win the lawsuit as long as it can prove that the land in question while obtaining a land title certificate has been proven to violate aspects and procedures that violate physical, administrative, and juridical data.22 19rusmadi murad, menyingkap tabir masalah pertanahan, rangkaina tulisa dan materi ceramah, (bandung: cv mandar maju, 2007), p. 17. 20failure to fulfill these obligations can invite parties who are not entitled to control the land in question. this will lead to a dispute between the landowner and the parties who control the land illegitimately. the dispute is not only caused by the lack of equal distribution of control and ownership of land but can also be caused by the lack of available employment opportunities. while needs in social life demand to be fulfilled, then. illegal occupation of land is an act of compulsion. summarized from bernhard limbong, komflik pertanahan...,p. 296. 21agust hutabarat, membandingkan substansi pp no. 10 tahun 1961 dengan pp no. 24 tahun 1997, dalam mata pena, http://agusthutabarat.wordpress.com20090107membandingkan-substansi-pp-no-10-tahun-1961-denganpp-no-24-tahun-1997).htm, 2009. read also urip santoso, hukum agraria & hak-hak atas tanah, (jakarta: prenada media group, 2005), p. 89. 22ibid. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ http://agusthutabarat.wordpress.com20090107membandingkan-substansi-pp-no-10-tahun-1961-dengan-pp-no-24-tahun-1997).htm/ http://agusthutabarat.wordpress.com20090107membandingkan-substansi-pp-no-10-tahun-1961-dengan-pp-no-24-tahun-1997).htm/ 14 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). procedures for handling land disputes and conflicts at the land office of sleman regency the increase in the quality and quantity of land disputes is due to the increasing need for land and the increase in land acquisition for development for the public interest, which has also increased. such conditions must be anticipated with laws and regulations as one of the resolutions of disputes for interested parties. therefore, in one of the preamble points in the regulation of the state minister of agrarian affairs/head of the national land agency number 1 of 1999 concerning procedures for handling land disputes, it is stated in considering letter a. that with the increasing need for land for development purposes, land disputes will also increase which are submitted to the office of the state minister of agrarian affairs/national land agency. meanwhile, what is meant by land disputes is based on chapter i, general provisions, article 1 of the regulation of the state minister of agrarian affairs/head of the national land agency (kep pma/bpn) number 1 of 1999: 1. land disputes are differences of opinion regarding: a. the validity of a right; b. granting of ak over land; c. the registration of land titles includes transferring and issuing evidence of their rights between interested parties and between interested parties and agencies within the national land agency. 2. interested parties are parties who feel they have a legal relationship with specific land parcels or other parties whose interests are affected by the legal status of the land. 3. minister is the state minister/head of the national land agency. in carrying out its functions, especially in the land office of the sleman regency, it is based on the regulation of the head of the national land agency number 5 of 2008 concerning the description of duties of sub-sections and sections at the regional office of the national land agency and job descriptions of affairs and sub-sections at the land office. in the twelfth part concerning the dispute, conflict, and case section article 45, it is stated: the dispute, conflict and case section consists of: a. land disputes and conflicts subsection; b. land case subsection. in connection with the above, the sub-section of land disputes and conflicts has the task of preparing legal, social, cultural, economic, and political studies of land disputes and conflicts, proposing recommendations for the cancellation and termination of legal relations between people and or legal entities with land, implementing alternative dispute resolution through mediation, facilitation, and coordination in handling disputes and conflicts. the typology of cases in the defense sector can be broadly divided into five groups, namely:23 1. cases related to people's cultivation of plantation, forestry, and other lands; 2. cases regarding violations of landreform regulations; 3. cases relating to excesses of land provision for development; 4. civil disputes relating to land issues; 5. disputes with ulayat land. 23maria sw sumardjono, dkk, mediasi sengketa tanah, potensi penerpan alternatif penyelesaian sengketa di bidang pertanahan, (jakarta: gramedia, 2008), p. 2. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 15 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). using land dispute mediation, one can use adr (alternative dispute resolution), which is implicitly contained in presidential regulation number 10 of 2006 concerning the national land agency. in the organizational structure, one deputy is formed, namely the deputy for the assessment and handling of land disputes and conflicts. bpn has also issued technical instructions for handling and settlement of land problems through the decree of the head of bpn ri number 34 of 2007. in carrying out its duties related to land disputes and conflicts, the national land agency is one alternative that can use its efforts through mediation. the formation of a deputy is urgent due to the increased resolution of disputes and conflicts, and there is a belief that the settlement effort does not have to go through the courts but through mediation. in carrying out its duties in the subsection of land disputes and conflicts, the land office of sleman regency bases on praturan kep. bpn ri no. 5 of 2008 calm description of duties of subsections and sections at the regional office of the national land agency and job descriptions of affairs and subsections at the land office, namely the thirteenth again on job descriptions for subsections paragraph 1 description of duties for the subsection of land disputes and conflicts in article 46. the descriptions of such duties as referred to are contained in article 46 number (2) as follows: a. submit suggestions or considerations to the head of the dispute, conflict, and case section regarding the actions that need to be taken in preparing legal, social, cultural, economic, and political studies on land disputes and conflicts, regarding recommendations for the cancellation and termination of legal relations between persons or entities law with land, implementation of alternative dispute resolution through mediation, facilitation, and coordination of dispute and conflict handling; b. collect and study laws and regulations, policies, guidelines, and technical instructions as well as other materials related to their field of work as guidelines and work bases; c. make a plan of activities to be carried out by the land dispute and conflict subsection as a guideline for carrying out tasks and monitoring its implementation; d. prepare materials in the context of preparing technical guidelines and instructions in preparing legal, social, cultural, economic, and political studies of land disputes and conflicts, matters of recommendations for the cancellation and termination of legal relations between people and or legal entities with land, implementation of alternative dispute resolution through mediation, facilitation, and coordination of dispute and conflict resolution; e. collect, collect and systematize/process data and information related to legal, social, cultural, economic, and political studies of land disputes and conflicts, propose recommendations for the cancellation and termination of legal relations between individuals or legal entities with the land, implementation of alternative dispute resolution through mediation, facilitation, and coordination of dispute resolution; f. collect and systematize data on disputes, land conflicts, and cancellations; g. calling the problematic/conflicting parties for deliberation to reach consensus; h. continue the process of requesting cancellation of land rights to the bpn regional office or bpn ri; i. make reports of disputes and conflicts as well as cancellations; j. conduct legal guidance and counseling; k. organize dispute and conflict archives; l. conduct data research and prepare conflict and resolution studies; m. resolving disputes and conflicts through mediation, reconciliation, and or facilitation; https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ 16 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). n. conduct site inspections in the context of collection and use as material for resolving land disputes and conflicts; o. conduct data research and prepare proposed decisions on cancellation of rights; p. conduct research and prepare recommendations for the cancellation of rights; q. implement technical guidance in handling land disputes and conflicts; r. prepare and carry out case titles; s. prepare minutes of data processing; t. conducting an inventory of problems and collecting materials in the framework of problem-solving in preparing legal, social, cultural, economic, and political studies of land disputes and conflicts, proposing recommendations for the cancellation and termination of legal relations between people and or legal entities with land, implementation of alternative dispute resolution through mediation, facilitation, and coordination of dispute and conflict handling; u. carry out working relationships in the context of the smooth implementation of their duties with related work units; v. carry out evaluations and compile reports on the implementation of work in preparing legal, social, cultural, economic, and political assessments of land disputes and conflicts, proposals for the cancellation and termination of legal relations between people and or legal entities with land, implementation of alternative dispute resolutions through mediation, facilitation, and coordinating the handling of disputes and conflicts; w. carry out other tasks assigned by the leadership. in the context of law enforcement, legal certainty, and justice related to the handling of land issues, especially those indicated by criminal acts, there has been a joint agreement between bpn and the attorney general's office, which is followed up at the regional level. this is stated in the handling of land issues (joint agreement between the prosecutor's office of the republic of indonesia and the national land agency number: kep 427/a/j.a/07/2004 number: 1/skb/bpn/2004), which aims to: a. equating perceptions in the rank of elaborating the provisions of the applicable laws and regulations, particularly concerning the investigation and handling of land cases that have indications of criminal acts; b. develop a two-way communication and improve coordination in handling land cases that have indications of criminal acts. c. completely resolve land cases that have indications of criminal offenses and legal issues in the civil and administrative fields under the authorities in their respective fields of duty. as a follow-up to the joint agreement between the prosecutor's office of the republic of indonesia and bpn ri, it was followed up with the submission of a collective agreement between the prosecutor's office of the republic of indonesia and the national land agency (circular letter of the minister of agrarian affairs number: 500-2204 of 2004. from this joint agreement, one of the facts is that in dealing with land disputes, preventive and persuasive actions should be prioritized and prioritize anticipatory security in terms of resolving problems that arise and equating perceptions of the application of laws and regulations in stages. this circular letter is also regulated in the case that the prosecutor's office requires evidence and testimony or as a witness. experts so that this matter is coordinated with the district attorney's office or the local https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 1, 2021 17 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). high prosecutor's office and reports it to the leadership of the national land agency in anticipation of handling problems more effectively and efficiently in technical terms. conclusion land disputes handled by the land office of sleman regency within the framework of legal certainty in land rights and justice, in its implementation using laws and regulations that have been determined and through mechanisms, and paying attention to the principle of propriety in society and using general principles good governance in carrying out public services within the framework of state administration carried out by state administrative apparatus. legal certainty as one of the objectives in land registration has not been thoroughly carried out consistently. for example, when a land certificate that is more than five years old is closed for lawsuits or objections from other parties, its implementation has not been appropriately realized. this is correlated with the land registration publication system, which adheres to a negative system, even though it is stated that the certificate is a robust evidence tool related to land rights. in carrying out the settlement of land disputes, the land office in the settlement does not have to be completed by the court but can use other instruments following the typology of the case, namely using a mediator and solving and resolving through alternative dispute resolution (adr). to achieve the above objectives, good cooperation and stakeholders are needed between relevant agencies, namely the land office of sleman regency, elements of the court, as well as independent institutions that deal with land disputes, namely mediators, following the decree of the head of bpn ri no. 34/2007 concerning technical guidelines for handling and land problem resolution. besides, it can use pp no. 24/1997, pmna/ka bpn no. 9/1999, and pmna/ka bpn no. 1/1999, namely mediation institutions, negotiation agencies, and adr agencies. this opens the possibility of using consultations with relevant agencies for legal certainty of land rights. references adrian sutedi, implementasi prinsip kepentingan umum dalam pengadaan tanah untuk pengembangan, jakarta: sinar grafika, 2008. ___________, sertifikat hak atas tanah, jakarta: sinar grafika, 2011. agung hendarto, nazar suhendar (eds), good government dan penguatan institusi daerah, masyarakat transparansi indonesia (mti), 2002. ahmad nashih luthfi, dkk, keistimewaan yogyakarta yang di ingat dan dilupakan, yogyakarta: mitra amanah publishing, 2011. bachsan mustafa, hukum agraria dalam perspektif, bandung: remaja karya, 1988. badan pertanahan nasional, rencana strategis badan pertanahan nasional republik indonesia tahun 2010-2014, jakarta: bpn ri, 2010. bernhard limbong, konflik pertanahan, jakarta: magaretha pustaka, 2012. boedi harsono, menuju penyempurnaan hukum tanah nasional dalam hubungannya dengan tap mpr ri ix/mpr/2001, jakarta: universitas trisakti, 2002. eko budi wahyono, dkk, kebijakan pertanahan pada tanah-tanah pasca tambang timah di provinsi bangka belitung (studi di kabupaten bangka tengah), yogyakarta: stpn, 2012. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ 18 journal of human rights, culture and legal system, volume 1, no. 1, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i1.3 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). maria sw soemardjono, nurhasan ismail, isharyanto, mediasi sengketa tanah (potensi penerapan alternatif penyelesaian sengketa (adr) di bidang pertanahan, jakarta: penerbit buku kompas, 2008. maria sw soemardjono, nurhasan ismail, isharyanto, mediasi sengketa tanah (potensi penerapan alternatif penyelesaian sengketa (adr) di bidang pertanahan, cet kedua, jakarta, penerbit buku kompas, , 2008. muhammad arafah sinjar “hukum agraria di indonesia: pendekatan filosofis pertanahan islam yogyakarta: diva press, 2010. muhammad bakri, hak menguasai tanah oleh negara dalam hubungannya dengan hak ulayat dan hak perseorangan atas tanah, jakarta: grafindo, 2013. munsyarif dkk, kebijakan pengaturan pertanahan daerah yogyakarta, yogyakarta: pusat penelitian dan pengembangan bpn-ri, 2010. ni'matul huda, beberapa kendala dalam penyelesaian status tanah bekas swapraja di di yogyakarta, jurnal hukum uii no.13 vol. 7 april 2000. phillipus m. hadjon, pengantar hukum perizinan, surabaya: yuridika, 1993. rusmadi murad, administrasi pertanahan pelaksanaannya dalam praktik, bandung: mandar maju, 1997. _____________, menyingkap tabir masalah pertanahan (rangkaina tulisan dan materi ceramah), bandung; cv mandar maju, 2007. sadu wasistiono, kapita selekta penyelenggaraan pemerintahan daerah, bandung: alqaprint jatinangor. sarjita, penyelesaian sengketa tumpangtindih tanah hgu, kawasan hutan, areal pertambangan, hpl, tanah hak adat, dan tanah bekas swapradja, yogyakarta: mitra amanah publishing, 2011. supriadi, hukum agraria, jakarta: sinar grafika, 2009. sutaryono, dkk, perjuangan untuk menjadi bagian dari proses perubahan agraria yang menguntungkan, yogyakarta: stpn, 2012. udiyo basuki “coruption and forestry: upaya mencegah dan memberantas illegal logging dalam kejahatan kehutanan”, vol.10, no.3, agustus 2012. urip santoso, hukum agraria & hak-hak atas tanah, jakarta: prenada media group, 2005. ___________, pendaftaran dan peralihan hak atas tanah, jakarta: kencana, 2011. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i1.3 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 109 https://doi.org/10.53955/jhcls.v3i1.80 journalhumanrightslegalsystem@gmail.com the role of institutionalization police support in emergency situation: evidence from indonesia aris irawana*, dewi nurviantia, rakotoarisoa maminirina fenitrab, mohammed alhadi ibrahim bosha ahmedc a faculty of law, universitas borneo tarakan, indonesia. b madagascar institute of political studies, madagaskar. c internasional university of africa, khartoum, sudan. *corresponding author: arisirawan@borneo.ac.id 1. introduction the beginning of emergency situation of pandemic in indonesia started in the early of 2020. the virus named covid-19, which arises firstly in wuhan, a province in china in 2019. covid-19 is one of species of coronaviruses such as mers and sars that effected common cold and serious illnesses1. it did not last 1 qingshan ni, hao zhang, and yanjin lu, ‘way to measure intangible capital for innovationdriven economic growth: evidence from china’, economic analysis and policy, 78 (2023), 156–72 https://doi.org/10.1016/j.eap.2023.03.003 a r t i c l e i n f o a b s t r a c t article history received: january 25, 2023. revised: march 25, 2023. accepted: march 28, 2023. role of police supporting institutions in an emergency in indonesia. regulations related to police duties and the condition of medical personnel are actually at the forefront of emergencies and pandemic disasters, but in indonesia the police also called the front guard in efforts to prevent the emergency spread of covid-19. it can be seen if there is gaps in the implementation of police duties during an emergency. this study aims to find out the existence of police as the institution that having mandate to manage and handle emergencies situation such as pandemic of covid-19. this study used doctrinal legal research as one of the legal research methods. the findings show that management of health protection in indonesia particularly in pandemic situation had not maximal. as can be seen there are several barriers to indonesian police in handling the emergency situations. firstly, the internal problem in the institution, then it needs a revitalization. secondly, the lack of adequate funding for the police’s performance. thirdly, as well as the external cause is the lack of publick awareness or the culture of society to be able to cooperate with the police in preventing the spread of covid-19 in indonesia this is an open-access article under the cc–by 4.0 license. keywords emergencies; institutionalization; indonesian; police; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:arisirawan@borneo.ac.id https://doi.org/10.1016/j.eap.2023.03.003 https://creativecommons.org/licenses/by/4.0/ 110 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) long, the virus spreaded to all of countries including indonesia2. the government and also the society sat the new habit since that virus attacked, namely to stay at home and carry out every single thing through by long distance, where some activities by online media3. during the covid-19 pandemic, it could not be controlled quickly, thus it needs a proper handling from both the government and the community. one of the precautions to stop the emergency transmission of covid-19 as the government’s recommencation is to stay at home. in tackling the covid-19 pandemic, the government, especially the special capital region (dki jakarta), implemented large-scale social restrictions (called psbb), that implementation needs to be supported to limit community interaction to break the chain of emergency transmission of the covid-19 outbreak. the latest data on covid-19 cases in indonesia have increased thein 20224. it would be useless to deal with health emergencies in a country by only optimizing the performance of health workers without the support of the police in implementing every policy in an emergency in a country. table 1: number exposed to covid-19 2 february 2022. no status of patient total 1 cases (active) 94.109 2 specimens 354.191 3 suspect 12.482 4 confirmed 4.387.286 5 healed 144.373 the data in the table 1 is the accumulation from all cities in indoneisia in 2 february 2022 in indonesia. furthermore, according to the data from the handling task force of covid-19, dki jakarta, west java, and banten are the cities with the most pacient of covid 19. and the fact also shows, all the provinces in indonesia attacked by covid-19 even in the small cities in indonesia. it can be seen in the table 2. 2 miguel a. martin-valmayor, luis a. gil-alana, and asís pardo martín, ‘us biofuel market persistence and mean reversion properties’, economic analysis and policy, 78 (2023), 648–60 https://doi.org/10.1016/j.eap.2023.04.008 3 xiaohang ren, xixia xia, and farhad taghizadeh-hesary, ‘uncertainty of uncertainty and corporate green innovation—evidence from china’, economic analysis and policy, 78 (2023), 634–47 https://doi.org/10.1016/j.eap.2023.03.027 4 dongmin kong and others, ‘trust and corporate social responsibility: evidence from ceo’s early experience’, economic analysis and policy, 78 (2023), 585–96 https://doi.org/10.1016/j.eap.2023.04.003 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.eap.2023.04.008 https://doi.org/10.1016/j.eap.2023.03.027 https://doi.org/10.1016/j.eap.2023.04.003 issn 2807-2812 journal of human rights, culture and legal system 111 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) table 2: number of spreading the covid-19 in indonesian province no city total 1 dki jakarta 9132 2 west java 3739 3 banten 2451 4 bali 771 5 east java 565 6 central java 387 7 yogyakarta 142 8 north sumatera 113 9 south kalimantan 71 10 east kalimantan 54 11 lampung 51 12 papua 50 13 souts sulawesi 39 14 west papua 29 15 bangka belitung 27 16 riau 21 17 ntt 20 18 maluku 19 19 bengkulu 13 20 central kalimantan 12 21 west sumatera 10 22 southeast sulawesi 10 23 north sulawesi 9 9 24 aceh 7 25 jambi 7 26 gorontalo 3 27 north maluku 3 28 central sulawesi 2 29 west sulawesi 1 total 17895 the similar as other countries, indonesian government set policy to handle the situation, one the policies is the vaccination program, that divided 3 steps on target. total tarher os 208. 265.270 persons, where the first stage is the high number of person were targeted. it can be seen in the figure below. https://www.jhcls.org/index.php/jhcls 112 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) figure 1: data of covid-19 vaccination one of the duties and supporting capacities of the police in handling emergencies during the covid-19 pandemic in indonesia is how to arrange or guarantee the implementation of the covid-19 vaccination according to the target of achieving vaccination. based on the data, it can be seen that the administration of vaccines, both the first vaccine, second vaccine, and third vaccine, has not been achieved the required target. this could be an indication that the carrying capacity of the police in indonesia regarding emergency management has not run optimally, thus in the future, it requires a strategy and regulations, so that the police can increase their capacity in handling emergencies in indonesia5. therein lies the problem. the role of the police is crucial and significant in preventing the spread of covid-19 certainly an "additional" task that was never expected before. on the one hand, the national police has routine duties as law enforcement officers and public order guards, while on the other hand, they are the party is relied on to enforce psbb rules. at the same time, all police personnel in the field must also increase their vigilance for themselves because the possibility of contracting this virus is also high6. the function of law enforcement carried out by the national police cannot be separated from its function as regulated in law no. 2 of 2002 on the indonesian national police (uu polri). particularly, in the article 2 of the indonesian police law emphasize that one of the functions of the police is the function of the state government to maintain the security and comfort the community, law enforcement, protection, shelter, and service to the community. explicitly, this statement was reaffirmed as the duties and authorities of the national police regulated in article 13 of the indonesian police law7. 5 nawazish mirza and others, ‘the role of fintech in promoting green finance, and profitability: evidence from the banking sector in the euro zone’, economic analysis and policy, 78 (2023), 33–40 https://doi.org/10.1016/j.eap.2023.02.001 6 ge li and huwei wen, ‘the low-carbon effect of pursuing the honor of civilization? a quasiexperiment in chinese cities’, economic analysis and policy, 78 (2023), 343–57 https://doi.org/10.1016/j.eap.2023.03.014 7 ying zhou and wenmin huang, ‘the influence of network anchor traits on shopping intentions in a live streaming marketing context: the mediating role of value perception and the https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.eap.2023.02.001 https://doi.org/10.1016/j.eap.2023.03.014 issn 2807-2812 journal of human rights, culture and legal system 113 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) based on the regulations above, the term security in the context of the duties and functions of the national police is "security and public order," which this term contains two meanings. first, as a dynamic condition of society, as one of the prerequisites for the implementation of national development as a national goal which is characterized by guaranteed security, order, upholding of the law, and fostering peace8. second, security is the ability to foster and develop the potential and strength of the community in preventing, and overcoming all forms of violations of the the law and other forms of disturbance that can disturb the community. this announcement by the chief of police stated that the national police fully supports government policies regarding the handling of covid-19 and breaking the chain of the corona outbreak in indonesia through taking action on people who were still gathering. in addition, the national police also focuses on handling crimes that had the potential to occur during the implementation of the psbb, such as street crime, resistance against officers, problems with the availability of basic commodities, and cybercrime9. to support the prosecution aspect, the national police conducted a contingency operation aman nusa ii 2020. this operation was carried out from 19 march to 17 april 2020. the period of operation can be extended based on the development of the situation on the ground. this task force had several sub-task units. first, the general crime sub task force (general crime) was in charge of taking action against conventional crimes (theft, looting, robbery, natural disaster crimes, as well as health quarantine crimes). second, the economics sub-task unit was tasked with overseeing and taking action against hoarding of food and medical devices, taking action against those who export antiseptics, mask raw materials, personal protective equipment (ppe) and masks, as well as taking action on drugs or medical devices that did not comply with distribution standards/permits. third, the cyber task force sub-unit was take action against provocateurs and the spread of hoaxes related to the handling of covid-1910. unfortunately, the fact shows the substance of the information and operations carried out, the function of the national police is more active in the area of prosecution of violations rather than prevention. as stated in the police law, the function of the police is not only to take action but also to prevent it through persuasive efforts that can involve the community. it seems that this is not a moderating role of consumer involvement’, economic analysis and policy, 78 (2023), 332–42 https://doi.org/10.1016/j.eap.2023.02.005 8 chenghua guan and others, ‘the impact of pilot free trade zone on service industry structure upgrading’, economic analysis and policy, 78.18 (2023), 472–91 https://doi.org/10.1016/j.eap.2023.03.024 9 zhen liu and others, ‘the impact of green trade barriers on agricultural green total factor productivity: evidence from china and oecd countries’, economic analysis and policy, 78 (2023), 319–31 https://doi.org/10.1016/j.eap.2023.03.011 10 xin wu and others, ‘the impact of climate change on banking systemic risk’, economic analysis and policy, 78 (2023), 419–37 https://doi.org/10.1016/j.eap.2023.03.012 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.eap.2023.02.005 https://doi.org/10.1016/j.eap.2023.03.024 https://doi.org/10.1016/j.eap.2023.03.011 https://doi.org/10.1016/j.eap.2023.03.012 114 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) priority for the police considering that in the announcement, the police want to mobilize all potential forces to support the implementation of the psbb11. however, the main thing cannot be ignored is the pandemic caused many problems, such as health problems, economic problems, cultural problems, security problems, and even caused environmental problems. these are must be considered by the indonesian police. this complexity at least seen from; first, fluctuations in the crime rate during the pandemic and psbb which experienced increases and decreases. in february there were 17,411 cases, in march it rose to 20,845 cases, then in april it decreased again to 15,322 cases. even though the quantity has decreased, there is potential for crime in several sectors that should be watched out for during the psbb, such as street crimes (mugging, robbery, and motor vehicle theft). second, changes in crime patterns during the pandemic. roberts found that there were new forms of criminality that evolved as a result of exploiting the situation during the covid-19 pandemic12. figure 2: increase in criminal acts during the pandemic covid-19 in indonesia source: uns.id/p21 this was confirmed from the police's point of view that crimes occurred throughout psbb one of which is also caused by the people who are economically affected amid a pandemic. criminals take advantage of the social restrictions that make the environment quiet to carry out their actions. this complexity needs to be scrutinized by the police in determining the priority of law enforcement actions. the condition also happened in north kalimantan. the province was red zone during the covid-19 pandemic included many, this may continue to be a benchmark in handling covid-19, or future pandemics may become a problem in north kalimantan. north kalimantan as the northernmost region of indonesia can represent the future handling of covid-19 in indonesia. from the data of the covid-19 in 2021 that north kalimantan had been successful in handling, including those driven by the indonesian national police, north kalimantan region. table 3: covid-19 data for north kalimantan province 11 matthew libassi, ‘contested subterranean territory: gold mining and competing claims to indonesia’s underground’, political geography, 98.april 2021 (2022), 102675 https://doi.org/10.1016/j.polgeo.2022.102675 12 matthew libassi, ‘gold conflict and contested conduct: largeand small-scale mining subjectivities in indonesia’, geoforum, october, 2022 https://doi.org/10.1016/j.geoforum.2022.10.005 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.polgeo.2022.102675 https://doi.org/10.1016/j.geoforum.2022.10.005 issn 2807-2812 journal of human rights, culture and legal system 115 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) no region/city suspect (odp) asymptomatic person (otg) patient under surveilance (pdp) positive 1 tarakan 98 303 6 32 2 nunukan 18 74 2 35 3 bulungan 27 168 12 34 4 malinau 6 46 4 21 5 tana tidung 4 13 0 0 it is different from previous research which examined legal policies related to emergencies and their institutional roles. in my research on what stone calls, there are five main categories that can be prioritized during a health emergency: (1) strict quarantine enforcement; (2) protect medical personnel; (3) taking action against the hoarding of medical devices and the sale of counterfeit drugs; (4) monitoring the potential for hoaxes that can trigger social conflict; and (5) arresting street criminals. according to the five categories, the position of the police in indonesia is very important in developing strategies for handling them and in setting priority issues to be handled in emergencies. the purpose of this study focuses on the importance of preparing the police to be ready for future emergencies, with the right regulatory model, human resources in the police who have maximum capabilities in handling emergencies, and what supporting capacities must be prepared by the indonesian state to deal with them. this becomes very urgent to be researched because it is possible for a country that is not ready to face an emergency can be a source of a state's failure and this failure can undermine a country's sovereignty, whether it is political sovereignty, economy, or a country's defense and security13. it is important to examine the role of the police during emergencies in indonesia and on the issue of the role of the police as the main means of achieving peace and security for the people in indonesia14. the existence of the police from time to time in indonesia has always been an issue that has always been an academic debate, on the one hand as a means of implementing government legal policies, on the other hand, the debate is related to public trust in the police in indonesia, which continues to decline. another problem is the issue of the quality of police human resources which is far from standard which has implications for poor service standards for the community15. there is not much research that examines police issues both in indonesia and globally, especially regarding the role of the police in 13 ines mergel, ‘social media institutionalization in the u.s. federal government’, government information quarterly, 33.1 (2016), 142–48 https://doi.org/10.1016/j.giq.2015.09.002 14 j. ignacio criado and julián villodre, ‘revisiting social media institutionalization in government. an empirical analysis of barriers’, government information quarterly, 39.2 (2022) https://doi.org/10.1016/j.giq.2021.101643 15 bambang hudayana, suharko, and a. b. widyanta, ‘communal violence as a strategy for negotiation: community responses to nickel mining industry in central sulawesi, indonesia’, extractive industries and society, 7.4 (2020), 1547–56 https://doi.org/10.1016/j.exis.2020.08.012 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.giq.2015.09.002 https://doi.org/10.1016/j.giq.2021.101643 https://doi.org/10.1016/j.exis.2020.08.012 116 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) maintaining security and peace in the country during an emergency. potential deficiencies found in terms of legal structure in the indonesian police legal system are part of what this research will look for. the development of the role of the police in the future will be very strategic in a country, especially in matters of security and public compliance with the rule of law in handling emergencies in a country. 2. research method this research is based on doctrinal legal research on legal theory (concepts, rules, and principles) on the institutional role of police support in an emergency: evidence from indonesia. this research is explanatory (explaining the law), hermeneutical (interpretation, argumentation), and evaluative (analyzing whether rules work in certain situations, or whether they are under the desired moral framework, legal principles, and societal goals). part of the analysis is related to research questions using supporting disciplines, namely legal and emergency conditions in a country. the author provides a comparison of rules, cases, principles, and the conceptual framework the institutional role of police support in an emergency: evidence from indonesia. this research elaborates the research problem within a theoretical framework using relevant legal data, especially normative and authoritative sources. normative sources include texts of laws, agreements, general principles of data protection and privacy law, and the like. authoritative sources are in the form of case law and scientific legal writings (literature). this research will be conducted using a problem-based approach: gathering facts, identifying legal issues, analyzing problems to find potential solutions, and arriving at tentative conclusions. 3. results and discussion the disaster management and institutionalization police structures in terms of maintaining security and order which leads to law enforcement, a proportional increase in coordination and good cooperation is necessary because security and law enforcement issues are not solely handled by law enforcement officials or national police only, but various aspects as well as dynamic situations and conditions that greatly affect the law and security16. the pre-emptive efforts accomplished by the government, both the central government and the regional government. they have obligation to make public understanding to increase self-discipline by following the health protocols. meanwhile, preventive efforts are by adopting a large-scale social restrictions policy. the effort to prevent and break the chain of the spread of 16 happy indah kusumawati and others, ‘factors associated with willingness to perform basic life support in the community setting in yogyakarta, indonesia’, australasian emergency care, 47, 2023, 0–1 https://doi.org/10.1016/j.auec.2023.03.003 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.auec.2023.03.003 issn 2807-2812 journal of human rights, culture and legal system 117 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) covid-19 in indonesia require discipline in many aspects, especially in people's social life17. the figure of the indonesian police is noticeable everyday, especially during a pandemic, the national police established relations with the community. the presence of the covid-19 task force deployed to oversee the implementation of health protocols, ensure the implementation of social distancing, and act quickly if there are indications of the spread of the virus. it is one concrete example that the national police is present and ready for the community18. in the pandemic situation, very strict discipline is needed for people's social life in the form of physical distancing. this method is considered the most effective effort to prevent and reduce the spread of this virus. the government strengthens the obligation of physical distancing through the psbb law in indonesia and the regulations of the ministry of health. these rules must be obeyed, and to ensure compliance, the figure of the national police is present and always ready to enforce the rules19. in this context, apart from medical personnel, the national police are also at the forefront of dealing with the covid-19 virus20. responding to non-natural disasters that occur, the government continues to make various efforts to protect the public. the efforts made by the government of indonesia in tackling the spread of covid-19, in outline include pre-emptive, preventive. and repressive measures. the repressive action meant here is restoration action by preparing medical facilities to cure covid-19 patients. as previously discussed, one of the efforts to reduce the death rate caused by the covid-19 virus is the psbb21. the success of the psbb depends on public awareness and discipline, but to ensure both work, the role of the police is needed in it. this is the problem. the role of the national police, which is so crucial and significant in preventing the spread of covid-19, is certainly an "additional" task that was never expected before. the national police, on the 17 verity truelove, kayla stefanidis, and oscar oviedo-trespalacios, ‘“it is a different type of policing than in the bush”: police officers’ perceptions of the differences in enforcement of the phone use while driving legislation in rural and urban areas’, accident analysis and prevention, 186.august 2022 (2023), 107046 https://doi.org/10.1016/j.aap.2023.107046 18 marleen stelter and others, ‘shooter biases and stereotypes among police and civilians’, acta psychologica, 232.december 2022 (2023), 103820 https://doi.org/10.1016/j.actpsy.2022.103820 19 robert p. peacock and others, ‘examining a third level of police organizational climate: does organizational self-legitimacy shape officer attitudes on the job?’, journal of criminal justice, december 2022, 2023 https://doi.org/10.1016/j.jcrimjus.2023.102046 20 ward berenschot and others, ‘anti-corporate activism and collusion: the contentious politics of palm oil expansion in indonesia’, geoforum, 131.july 2021 (2022), 39–49 https://doi.org/10.1016/j.geoforum.2022.03.002 21 federico liberatore, miguel camacho-collados, and lara quijano-sánchez, ‘towards social fairness in smart policing: leveraging territorial, racial, and workload fairness in the police districting problem’, socio-economic planning sciences, march, 2023, 101556 https://doi.org/10.1016/j.seps.2023.101556 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.aap.2023.107046 https://doi.org/10.1016/j.actpsy.2022.103820 https://doi.org/10.1016/j.jcrimjus.2023.102046 https://doi.org/10.1016/j.geoforum.2022.03.002 https://doi.org/10.1016/j.seps.2023.101556 118 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) one hand, has routine duties as a law enforcement officer and public order guard, while on the other hand, it is the party that is relied upon to enforce psbb regulations22. at the same time, all police personnel in the field must also increase their vigilance for themselves because the possibility of contracting this virus is also high. the indonesian national police stated that law enforcement related to efforts to prevent the spread of covid-19 was a last resort. according to the head of the public information section (kabagpenum) of the public relations division of the police akbp. asep adi saputra "law enforcement carried out by the national police during the period of preventing the spread of covid-19, in principle, is a last resort or ultimum remedium,"23. the priority efforts are preemptive and preventive. according to asep, new law enforcement steps will be taken if the two efforts are not successful. the national police have issued five telegrams which serve as guidelines for law enforcement investigators amid a health emergency in indonesia24. several crimes were targeted by the police in the telegram, among others, those who fought against officers, hoarders of staple goods, to insulting president joko widodo and other government officials in dealing with covid-19 on social media. then next is the latest telegram letter from the national police chief listyo sigit prabowo25. namely, the telegram number st/183/ii/ops.2/2021, where the points are explained as follows: conduct analysis and evaluation of the handling of covid-19 with the regional leadership communication forum, especially regarding the effectiveness of ppkm implementation which has been carried out to maintain health and public safety, then, communication, cooperation and collaboration with local government, tni, hospitals, and other stakeholders to increase the capacity of treatment rooms and isolation of covid-19 patients, and prioritize treatment in special hospitals for critical patients, then, conduct education and massive outreach so that people are disciplined about health protocols, especially 5m 22 michael d. reisig, rick trinkner, and dennis sarpong, ‘measuring normative obligation to obey the police: an empirical assessment of a new police legitimacy scale’, journal of criminal justice, november 2022, 2023, 102045 https://doi.org/10.1016/j.jcrimjus.2023.102045 23 matthew libassi, ‘uneven ores: gold mining materialities and classes of labor in indonesia’, journal of rural studies, 98.april 2022 (2023), 101–13 https://doi.org/10.1016/j.jrurstud.2023.01.013 24 judith l. komaki, ‘a positive reinforcement approach to police reform: potential benefit for both black and police communities’, organizational dynamics, 2023, 100976 https://doi.org/10.1016/j.orgdyn.2023.100976 25 fablina sharara and others, ‘fatal police violence by race and state in the usa, 1980–2019: a network meta-regression’, the lancet, 398.10307 (2021), 1239–55 https://doi.org/10.1016/s01406736(21)01609-3 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jcrimjus.2023.102045 https://doi.org/10.1016/j.jrurstud.2023.01.013 https://doi.org/10.1016/j.orgdyn.2023.100976 https://doi.org/10.1016/s0140-6736(21)01609-3 https://doi.org/10.1016/s0140-6736(21)01609-3 issn 2807-2812 journal of human rights, culture and legal system 119 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) (wearing masks, washing hands, keeping distance, avoiding crowds, reducing mobility)26. the conducting training to build resilient archipelago villages in their respective regions, so that they can make a real contribution to preventing the spread and providing protection to the community and establishing cooperation with local governments (pamong praja police units), the military, and other stakeholders. learn, guide, and apply in the field all telegram letters from the chief of police regarding the handling of covid-19 and their application according to conditions in each region27. this telegram letter is one of the steps taken after seeing the security conditions and transmission rates which are still increasing, but are still guided by the previous telegram letters. related to handling and policies in dealing with criminal acts during a pandemic28. the hoax case occurred again, this time the perpetrator edited the news with the title "corona is epidemic, governor ganjar takes 2 weeks off sales and employees throughout central java" even though the news is not true. the governor of central java closed schools, which meant that children would not spread the covid-19 virus. not dismissing employees and workers who make a living, because that is their right. the director of the special criminal investigation unit for the central java regional police has received special attention to the above case. so far, some hoax information has been found in cyber patrols that have been carried out since the outbreak of the corona virus pandemic. head of sub unit v cyber akbp agung prabowo revealed that most of the hoax information circulating about corona started with whatsapp chain messages and the like. according to agung, the investigators only took persuasive steps29. this is because we don't want to take actions that could destabilize the atmosphere amid the corona issue. disseminators of hoax information can be subject to threats of punishment. usually, said agung, those who spread hoaxes would be sentenced to under five years in prison. however, agung admitted, cyber investigators usually consider the content of hoax 26 benjamin w. fisher and amy e. fisher, ‘criminal justice system contact of students with disabilities by race and ethnicity: examining the role of school police’, children and youth services review, 149.november 2022 (2023), 106953 https://doi.org/10.1016/j.childyouth.2023.106953 27 andi eka sakya and others, ‘sow the seeds of tsunami ready community in indonesia: lesson learned from tanjung benoa, bali’, international journal of disaster risk reduction, 87.august 2022 (2023), 103567 https://doi.org/10.1016/j.ijdrr.2023.103567 28 djarot sulistio wisnubroto and others, ‘preventing and countering insider threats and radicalism in an indonesian research reactor : development of a human reliability program ( hrp )’, heliyon, 9.5 (2023), e15685 https://doi.org/10.1016/j.heliyon.2023.e15685 29 andre sorensen, ‘periurbanization as the institutionalization of place: the case of japan’, cities, 53 (2016), 134–40 https://doi.org/10.1016/j.cities.2016.03.009 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.childyouth.2023.106953 https://doi.org/10.1016/j.ijdrr.2023.103567 https://doi.org/10.1016/j.heliyon.2023.e15685 https://doi.org/10.1016/j.cities.2016.03.009 120 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) information being spread first. if the hoax information being spread can create public uproar and corner, his party will take action. depends on the content30. it's all kinds of things, it can be slander, slander, or something like that. it's in the law. so far, when it comes to catching hoax spreaders, we haven't gotten there. however, there are indeed many findings of corona hoaxes in various regions. most importantly, we remain on standby patrols. then, agung also revealed, forwarders of hoax information can also be criminally charged according to article 45a paragraph (1) of law number 19 of 2016. however, investigators will usually consider further the legal facts of someone's involvement in passing on information. hoax. "actually, the administrator of this information allows other people to access the hoax information. so, it could be entangled, but we must first check what kind of involvement it is. the successor of this hoax information is usually because of panic. if you are in doubt about the information you get, it's better to just leave it alone, no need to share31. the national police continues to maintain stability, security, and comfort in society. suppressing the issue of hoaxes that keep popping up while maintaining and ensuring the maintenance of health protocols together with medical staff is certainly not easy32. however, this has become part of the role and function of the police. like for example the police in bangladesh where the police are working relentlessly to control national, transnational, and economic cybercrime despite the many internal, external, mental, physical, political, and social problems they face. this study attempts to assess the leadership roles of police servants and the challenges they face33. as in a study on community satisfaction to the police will provide mandates and powers that are carried out such as whether community members are satisfied with law enforcement is a fundamental determinant of their willingness to cooperate with the police, and obey the law. from here we can see the very urgent role of the police in every country in the world, the role of the police as a primary role in any country in 30 antonin margier, ‘the institutionalization of “tiny home” villages in portland: innovative solution to address homelessness or preclusion of radical housing practices?’, cities, 137.september 2022 (2023), 104333 https://doi.org/10.1016/j.cities.2023.104333 31 rahwa haile and others, ‘“we (still) charge genocide”: a systematic review and synthesis of the direct and indirect health consequences of police violence in the united states’, social science and medicine, 322.july 2022 (2023) https://doi.org/10.1016/j.socscimed.2023.115784 32 zayyad abdul-baki, ahmed diab, and abdulraheem olayiwola kadir, ‘resisting institutionalized corruption: the case of public audit in nigeria’, journal of accounting and public policy, xxxx, 2022, 107052 https://doi.org/10.1016/j.jaccpubpol.2022.107052 33 daniel wolfe and roxanne saucier, ‘in rehabilitation’s name? ending institutionalised cruelty and degrading treatment of people who use drugs’, international journal of drug policy, 21.3 (2010), 145–48 https://doi.org/10.1016/j.drugpo.2010.01.008 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.cities.2023.104333 https://doi.org/10.1016/j.socscimed.2023.115784 https://doi.org/10.1016/j.jaccpubpol.2022.107052 https://doi.org/10.1016/j.drugpo.2010.01.008 issn 2807-2812 journal of human rights, culture and legal system 121 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) the world, especially in matters of security and public order which is directly proportional to the trust of the community itself34. the role of institutionalization police support in emergency situation the state defense and security efforts are carried out through a system of defense and security for the people as a whole by the indonesian national armed forces and the indonesian national police, as the main force, and the people as the supporting force. based on the provisions of article 30 paragraph (2) above, the indonesian national armed forces (tni) and the indonesian national police (polri) are state institutions that carry out governmental tasks in the field of national defense and security. article 30 paragraph (4) of the 1945 constitution of the republic of indonesia stipulates, "the national police of the republic of indonesia as a tool of the state that maintains security and public order is tasked with protecting, protecting, serving the community, and enforcing the law." domestic security is the main requirement to support the realization of a just, prosperous and civilized civil society based on pancasila and the 1945 constitution of the republic of indonesia. every rule of laws country has law enforcement officers including the state police which universally have the duty and function of maintaining security and public order under provisions -the legal provisions that apply to realizing legal certainty and justice, the functions and duties of the indonesian national police have been regulated in several statutory provisions35. the police function is a function of government. so that the police institution is a state institution that has the status and position as an executive agency to carry out government functions in the field of maintaining public security and order, law enforcement, protection, protection, and service to the community. this is as stipulated in article 2 of the indonesian police law, namely "the function of the police is one of the functions of the state government in the field of maintaining security and public order, law enforcement, protection, protection, and service to the community36. public security and order is the main modality in realizing the ideals of national development, so efforts to create public security and order must be carried out systematically and comprehensively in carrying out the police function. police action is part of government action to achieve government goals. the aims of the intended government include: making and maintaining law or maintaining order and peace (rush and order);, realizing the will of the state and organizing. it takes the placement of the police so that the regulations made carried out considering and considering the attitudes and behavior of people who have not 34 mariska j.m. bottema and simon r. bush, ‘the durability of private sector-led marine conservation: a case study of two entrepreneurial marine protected areas in indonesia’, ocean and coastal management, 61 (2012), 38–48 https://doi.org/10.1016/j.ocecoaman.2012.01.004 35 shelley walker and others, ‘police custody in australia: a call for transparency and accountability’, australian and new zealand journal of public health, 47.2 (2023), 1–3 https://doi.org/10.1016/j.anzjph.2023.100040 36 zainuri hasyim and others, ‘challenges facing independent monitoring networks in the indonesian timber legality assurance system’, forest policy and economics, 111.september 2019 (2020), 102025 https://doi.org/10.1016/j.forpol.2019.102025 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ocecoaman.2012.01.004 https://doi.org/10.1016/j.anzjph.2023.100040 https://doi.org/10.1016/j.forpol.2019.102025 122 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) adapted to health emergencies the spread of the virus is increasingly widespread, thus increasing the problems in implementing the health protocols set out in carrying out activities. the police implement primary prevention through the institutionalization of the police37. the police in handling emergencies also requires strategic steps in their implementation to realize non-natural disaster management so that they pass quickly and do not cause major losses to the state. the police technically have to intervene to control the handling according to the rules that have been set. in order to realize its goals, a task force for handling covid-19 was formed to implement large-scale social restrictions (psbb), which proves that the police's task of dealing with emergencies is very effective and successful, as we can see in the graph below, the average percentage increase in cases covid-19 in indonesia, before and after the implementation of the psbb policy, which was directly handled by the indonesian police as follows38: figure 3: the average percentage of the increase in covid-19 cases in indonesia, before and after the psbb policy, which immediately became the duty of the police. 0 5 10 15 20 25 30 35 s u la w e si u ta ra s u la w e si s e la ta n k a li m a n ta n s e la ta n b a li k a li m a n ta n t im u r k a b . r ia u s u m a te ra s e la ta n la m p u n g ja w a t im u r k a li m a n ta n u ta ra p a p u a n t b d iy r ia u ja w a t e n g a h a ce h ja w a b a ra t k a li m a n ta n t e n g a h b a n te n s u la w e si u ta ra d k i ja k a rt a s u m a te ra b a ra t k a li m a n ta n b a ra t s u la w e si t e n g a h s u la w e si t e n g g a ra b e n g ku lu m a lu ku b a n g ka b e li tu n g ja m b i m a lu ku u ta ra s u la w e si b a ra t p a p u a b a ra t g o ro n ta lo average % increase in covid-19 in indonesia before and after psbb policy before psbb after psbb national average before psbb national average after psbb from this we can see that the duties and authorities of the national police in carrying out assistance tasks and as the front guard in responding to health emergencies are very strategic. psbb as part of primary prevention in the picture above can be seen successfully suppressing the presentation of an increase in covid-19 cases of emergency covid-19 nationally, the success of the police in 37 randi solhjell, ‘how acts become hate crime: the police’s documenting of criminal cases’, international journal of law, crime and justice, 72.september 2022 (2023), 100574 https://doi.org/10.1016/j.ijlcj.2022.100574 38 richard abayomi aborisade, ‘on the “darkness of dark figure” of sexual crimes: survivors’ rape reporting experiences with the nigerian police’, international journal of law, crime and justice, 73.march (2023) https://doi.org/10.1016/j.ijlcj.2023.100576 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2022.100574 https://doi.org/10.1016/j.ijlcj.2023.100576 issn 2807-2812 journal of human rights, culture and legal system 123 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) implementing psbb is very important as a study of even the slightest mistakes in this primary prevention effort also has a significant impact on security and survival of the country in an emergency39. the concept of social distancing is the concept of maintaining a safe distance from other humans of at least 2 meters to reduce or even break the chain of transmission of covid-19 or this emergency situation. the main goal of social distancing is to reduce the possibility of physical contact between infected people and non-infected people to minimize disease transmission. social distancing can be practiced by not leaving the house unless there is an urgent need, such as buying medicine, buying groceries, and other activities. social distancing can also be done without shaking hands, simply waving or greeting by raising both hands when meeting other people40. other examples are working from home, studying from home, not doing activities that invite many people, and not visiting sick people. it becomes important in this emergency situation how the police as law enforcers can also enforce public order in carrying out government policies. while indonesia has different conditions from other countries, a very wide area, multi-religious, multiethnic, and multi-cultural, including a culture of law enforcement. certainty, that the process of implementing primary prevention in the implementation of the supporting capacity of the police in indonesia has different characteristics from other countries, different situations, and different circumstances, so that it is necessary to arrange final regulations and policies, which create legal certainty for handling emergencies by the police in the future in indonesia41. the function of the police is the duties and powers of the police in general, meaning that all work activities carried out by the police include preventive and law enforcement or (repressive) activities. in indonesian police law the main duties of the police are formulated as follows: first, maintaining security and public order; second, upholding the law; and third, providing protection, shelter, and service to the community. to develop an effective police service and professional duties, it is necessary to develop and build a police institution. to realize this, of course, we must build a police force that is under the development of a professional society in carrying out its duties and obligations as the front guard when the state experiences an emergency, such as an emergency in the health sector. development of police institutions under national policies or state policies. based on the observations of researchers, the implementation of polri revitalization 39 lu liu and li chen, ‘demystifying china’s police tactical units’, international journal of law, crime and justice, 73.november 2022 (2023), 100595 https://doi.org/10.1016/j.ijlcj.2023.100595 40 ahmed ajil and silvia staubli, ‘predictive policing and negotiations of (in)formality: exploring the swiss case’, international journal of law, crime and justice, 74.april 2022 (2023), 100605 https://doi.org/10.1016/j.ijlcj.2023.100605 41 wahyu fadli satrya, ria aprilliyani, and emny harna yossy, ‘sentiment analysis of indonesian police chief using multi-level ensemble model’, procedia computer science, 216.2022 (2023), 620–29 https://doi.org/10.1016/j.procs.2022.12.177 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2023.100595 https://doi.org/10.1016/j.ijlcj.2023.100605 https://doi.org/10.1016/j.procs.2022.12.177 124 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) in indonesia is a specific strategy so that performance and services to the community run effectively, and efficiently and have a target42. polri revitalization is included as a step towards reforming the polri bureaucracy which can be analyzed through the theory of bureaucratic reform as stated by sedarmayanti, as follows, the changes in the way of thinking of law enforcement, mindset, attitudes and actions, the police carry out institutional development by forming a third road map. integrity improvement has attempted to implement changes in the way of thinking to all members through a management strategy for changing mindsets (mind sets) and work culture (culture sets). with intensive communication, between leaders and between leaders and members on a regular and systematic basis related to the management strategy of institutional change in a better direction. apart from that, through the educational process to improve the mindset of law enforcement, including the issue of police emergencies as the front guard43. the changing mindset of the rulers of state security and order to become public servants, the police as servants. this is evidenced by various processes, starting from duties in the field of prevention, dissemination of rules to the public, also in terms of law enforcement, as servants in the field of law in protecting the interests of individuals, society and the state44. the secondary preventive authority of the indonesian national police is related to how the indonesian national police institution can change the mindset in the road map when the police are part of preventive efforts from within the institution. the three components of the road map or macro framework for the police revitalization program are one unit that is believed to be able to revitalize the role of the police to make the police more serving, proactive, transparent and accountable, based on the principles of obeying the law, obeying procedures, and obeying ethics, so that it is expected to increase trust in the community and the internal solidity of the police45. the problematization of institutionalization police support in emergencies the purpose of public service is basically to satisfy the public. to achieve this satisfaction, excellent service quality is required, which is reflected in, transparency. all the results of strengthening institutions, creative breakthroughs, 42 eris achyar, dietrich schmidt-vogt, and ganesh p. shivakoti, ‘dynamics of the multistakeholder forum and its effectiveness in promoting sustainable forest fire management practices in south sumatra, indonesia’, environmental development, 13 (2015), 4–17 https://doi.org/10.1016/j.envdev.2014.11.002 43 arnie cordero trinidad and elizabeth protacio-de castro, ‘the institutionalization of mental health and psychosocial support in emergencies in indonesia’, international journal of disaster risk reduction, 51.may (2020), 101918 https://doi.org/10.1016/j.ijdrr.2020.101918 44 meity ardiana and others, ‘higher cardiovascular risks and atherogenic index of plasma found in police officers of developing country in surabaya, east java, indonesia’, clinical epidemiology and global health, 17.september (2022), 101132 https://doi.org/10.1016/j.cegh.2022.101132 45 kritsada theerakosonphong and somsak amornsiriphong, ‘the interplay of labor and capital perspectives on formalization approaches: motorcycle taxi drivers in bangkok’, heliyon, 8.3 (2022), e09061 https://doi.org/10.1016/j.heliyon.2022.e09061 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.envdev.2014.11.002 https://doi.org/10.1016/j.ijdrr.2020.101918 https://doi.org/10.1016/j.cegh.2022.101132 https://doi.org/10.1016/j.heliyon.2022.e09061 issn 2807-2812 journal of human rights, culture and legal system 125 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) and increasing integrity aim to improve public services to the community so that all work is directly supervised by the community. in addition, there is a complaint number for the community. accountability, can be accounted for under regulatory provisions legislation. all of these results were carried out as a form of police responsibility in carrying out bureaucratic reform through the revitalization of the indonesian police towards excellent service and in accordance with the duties of the police, namely maintaining security and public order, orderly and enforcing the law, and providing protection. protection and service to the community46. this is evidenced by the results of several creative breakthroughs, one of which is the door to door traffic accident investigation which is a form of effort to suppress public complaints about the handling of traffic accidents so that they can be carried out more efficiently and effectively. participatory, encouraging community participation in the implementation of public service activities by taking into account the aspirations, needs and expectations of the community. this is evidenced by several results from increasing integrity, one of which is community police socialization and police and community communication forums. interactive through radio and social media, of course, so that people can convey criticism and suggestions by telephone47. the institutional role of police support in an emergency includes, strength of personnel, police human resources, which must be qualified to deal with all existing situations and conditions including quantity and quality that meet standards, not only national standards must also become international standard police, infrastructure in the role of institutionalizing police in an emergency in a country also includes the quality and quantity of infrastructure, weapons, transportation, buildings, other facilities needed in handling emergencies within a country, complementing police infrastructure is the same as completing state defense and security infrastructure in the military48, even though the police are in the internal field of life nation and state which are the main tasks, how to ensure that the community carries out the orders of the law, the legal culture of the community in terms of building the police institution to increase public trust in the police institution in indonesia49. the community strongly supports the change of the police towards a civil, professional, moral and modern police institution, as 46 ade paranata, ‘the miracle of anti-corruption efforts and regional fiscal independence in plugging budget leakage: evidence from western and eastern indonesia’, heliyon, 8.10 (2022), e11153 https://doi.org/10.1016/j.heliyon.2022.e11153 47 mohammad abdul jabber, md nazmus sakib, and md mostafizur rahman, ‘exploring the roles and challenges of the servant leadership: a critical examination of the bangladesh police’, heliyon, 9.1 (2023), e12782 https://doi.org/10.1016/j.heliyon.2022.e12782 48 zhengyong zhang, zefeng xu, and yi ding, ‘do economic growth target constraints affect firm innovation?’, economic analysis and policy, 78 (2023), 373–88 https://doi.org/10.1016/j.eap.2023.03.018 49 mudeer ahmed khattak and others, ‘digital transformation, diversification and stability: what do we know about banks?’, economic analysis and policy, 78 (2023), 122–32 https://doi.org/10.1016/j.eap.2023.03.004 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2022.e11153 https://doi.org/10.1016/j.heliyon.2022.e12782 https://doi.org/10.1016/j.eap.2023.03.018 https://doi.org/10.1016/j.eap.2023.03.004 126 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) well as increasing cooperation with all levels of society in the context of maintaining security and order in a more conducive society. without the support of the community everything is difficult to run50. the problematization of institutionalization of polri's support in this emergency situation can be seen in the picture below. the problem of polri's human resources, the ideal number both in terms of quantity and quality of police in indonesia is not ideal compared to the size of indonesia's territory, the problem of the lack of support capacity in the state budget to support the heavy duty of polri, especially in emergencies. it is as if the police agencies in indonesia are forced to work optimally with a budget far below the minimum standard for police budgets in countries in the world, especially in an emergency51. a task that is not optimal is a definite result because a good police program in an emergency will be in vain if it is not supported by an ideal state budget and the third problem is the legal culture of the indonesian people which is still poor in terms of compliance with the law and law enforcement standards. with laws or legal policies whose quality of law enforcement is good but very poor with compliance with laws and government policies52. to overcome existing problems, which is called strengthening the carrying capacity of the national police through revitalizing policies, regulations, and infrastructure through good 50 huilong xie, jiashu zhang, and jingwen shao, ‘difference in the influence of internet use on the relative poverty among farmers with different income structures’, economic analysis and policy, 78 (2023), 561–70 https://doi.org/10.1016/j.eap.2023.03.022 51 jian hui jian and others, ‘political uncertainty, officials’ characteristics heterogeneity and firm cost stickiness’, economic analysis and policy, 78.31512241232 (2023), 776–91 https://doi.org/10.1016/j.eap.2023.04.012 52 fredj fhima, ridha nouira, and khalid sekkat, ‘how does corruption affect sustainable development? a threshold non-linear analysis’, economic analysis and policy, 78 (2023), 505–23 https://doi.org/10.1016/j.eap.2023.03.020 culture of indonesian people support capacity (budgeting) human resource of polri the solution https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.eap.2023.03.022 https://doi.org/10.1016/j.eap.2023.04.012 https://doi.org/10.1016/j.eap.2023.03.020 issn 2807-2812 journal of human rights, culture and legal system 127 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) budgeting, including how to educate an orderly and just society, these are some of the main issues. when the country is in a future emergency situation in indonesia53. 4. conclusion the handling of emergencies with the support of the police in indonesia can be seen from the various laws and regulations issued as legal policies by the indonesian government during an emergency, hence the police in responding to health emergencies be effective against future pandemics. weaknesses found when using the carrying capacity of the national police as the frontline in handling emergencies need to be further regulated, especially regarding the division of tasks among health workers. handling emergencies by utilizing the police as the main guard will not work properly without human resources, budgetary support, regulatory support, and revitalization of human resources within the police and supported by a good culture of legal compliance in society. the polri agency, in several studies has weaknesses in handling emergencies in indonesia. it must be addressed immediately to deal with future pandemics, especially in terms of increasing quality and quantity. the limitation of good human resources is also a problem in dealing with this emergency situation, somehow it is an impact on the lack of public trust in the indonesian police institution. references abdul-baki, zayyad, ahmed diab, and abdulraheem olayiwola kadir, ‘resisting institutionalized corruption: the case of public audit in nigeria’, journal of accounting and public policy, xxxx, 2022, 107052 https://doi.org/10.1016/j.jaccpubpol.2022.107052 aborisade, richard abayomi, ‘on the “darkness of dark figure” of sexual crimes: survivors’ rape reporting experiences with the nigerian police’, international journal of law, crime and justice, 73.march (2023) https://doi.org/10.1016/j.ijlcj.2023.100576 achyar, eris, dietrich schmidt-vogt, and ganesh p. shivakoti, ‘dynamics of the multi-stakeholder forum and its effectiveness in promoting sustainable forest fire management practices in south sumatra, indonesia’, environmental development, 13 (2015), 4–17 https://doi.org/10.1016/j.envdev.2014.11.002 53 anindya sen and others, ‘do more stringent policies reduce daily covid-19 case counts? evidence from canadian provinces’, economic analysis and policy, 78 (2023), 225–40 https://doi.org/10.1016/j.eap.2023.03.006 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jaccpubpol.2022.107052 https://doi.org/10.1016/j.ijlcj.2023.100576 https://doi.org/10.1016/j.envdev.2014.11.002 https://doi.org/10.1016/j.eap.2023.03.006 128 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) ajil, ahmed, and silvia staubli, ‘predictive policing and negotiations of (in)formality: exploring the swiss case’, international journal of law, crime and justice, 74.april 2022 (2023), 100605 https://doi.org/10.1016/j.ijlcj.2023.100605 ardiana, meity, primasitha maharany harsoyo, hanestya oky hermawan, inna maya sufiyah, dwika rasyid firmanda, saskia ratna desita, and others, ‘higher cardiovascular risks and atherogenic index of plasma found in police officers of developing country in surabaya, east java, indonesia’, clinical epidemiology and global health, 17.september (2022), 101132 https://doi.org/10.1016/j.cegh.2022.101132 berenschot, ward, ahmad dhiaulhaq, afrizal, otto hospes, rebekha adriana, and erysa poetry, ‘anti-corporate activism and collusion: the contentious politics of palm oil expansion in indonesia’, geoforum, 131.july 2021 (2022), 39–49 https://doi.org/10.1016/j.geoforum.2022.03.002 bottema, mariska j.m., and simon r. bush, ‘the durability of private sector-led marine conservation: a case study of two entrepreneurial marine protected areas in indonesia’, ocean and coastal management, 61 (2012), 38–48 https://doi.org/10.1016/j.ocecoaman.2012.01.004 criado, j. ignacio, and julián villodre, ‘revisiting social media institutionalization in government. an empirical analysis of barriers’, government information quarterly, 39.2 (2022) <https://doi.org/10.1016/j.giq.2021.101643> fhima, fredj, ridha nouira, and khalid sekkat, ‘how does corruption affect sustainable development? a threshold non-linear analysis’, economic analysis and policy, 78 (2023), 505–23 https://doi.org/10.1016/j.eap.2023.03.020 fisher, benjamin w., and amy e. fisher, ‘criminal justice system contact of students with disabilities by race and ethnicity: examining the role of school police’, children and youth services review, 149.november 2022 (2023), 106953 https://doi.org/10.1016/j.childyouth.2023.106953 guan, chenghua, jinyuan huang, ruyue jiang, and wanting xu, ‘the impact of pilot free trade zone on service industry structure upgrading’, economic analysis and policy, 78.18 (2023), 472–91 https://doi.org/10.1016/j.eap.2023.03.024 haile, rahwa, tawandra rowell-cunsolo, marie fatima hyacinthe, and sirry alang, ‘“we (still) charge genocide”: a systematic review and synthesis of the direct and indirect health consequences of police violence in the united states’, social science and medicine, 322.july 2022 (2023) https://doi.org/10.1016/j.socscimed.2023.115784 hasyim, zainuri, dwi laraswati, ris h. purwanto, andita a. pratama, and ahmad maryudi, ‘challenges facing independent monitoring networks in https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijlcj.2023.100605 https://doi.org/10.1016/j.cegh.2022.101132 https://doi.org/10.1016/j.geoforum.2022.03.002 https://doi.org/10.1016/j.ocecoaman.2012.01.004 https://doi.org/10.1016/j.eap.2023.03.020 https://doi.org/10.1016/j.childyouth.2023.106953 https://doi.org/10.1016/j.eap.2023.03.024 https://doi.org/10.1016/j.socscimed.2023.115784 issn 2807-2812 journal of human rights, culture and legal system 129 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) the indonesian timber legality assurance system’, forest policy and economics, 111.september 2019 (2020), 102025 https://doi.org/10.1016/j.forpol.2019.102025 hudayana, bambang, suharko, and a. b. widyanta, ‘communal violence as a strategy for negotiation: community responses to nickel mining industry in central sulawesi, indonesia’, extractive industries and society, 7.4 (2020), 1547– 56 https://doi.org/10.1016/j.exis.2020.08.012 jabber, mohammad abdul, md nazmus sakib, and md mostafizur rahman, ‘exploring the roles and challenges of the servant leadership: a critical examination of the bangladesh police’, heliyon, 9.1 (2023), e12782 https://doi.org/10.1016/j.heliyon.2022.e12782 jian, jian hui, dan hu, haiyan tian, chengfeng long, and fan yang, ‘political uncertainty, officials’ characteristics heterogeneity and firm cost stickiness’, economic analysis and policy, 78.31512241232 (2023), 776–91 https://doi.org/10.1016/j.eap.2023.04.012 khattak, mudeer ahmed, mohsin ali, wajahat azmi, and syed aun r. rizvi, ‘digital transformation, diversification and stability: what do we know about banks?’, economic analysis and policy, 78 (2023), 122–32 https://doi.org/10.1016/j.eap.2023.03.004 komaki, judith l., ‘a positive reinforcement approach to police reform: potential benefit for both black and police communities’, organizational dynamics, 2023, 100976 https://doi.org/10.1016/j.orgdyn.2023.100976 kong, dongmin, yin piao, wenzhe zhang, chenhao liu, and ying zhao, ‘trust and corporate social responsibility: evidence from ceo’s early experience’, economic analysis and policy, 78 (2023), 585–96 https://doi.org/10.1016/j.eap.2023.04.003 kusumawati, happy indah, sutono, syahirul alim, bayu fandhi achmad, and arcellia farosyah putri, ‘factors associated with willingness to perform basic life support in the community setting in yogyakarta, indonesia’, australasian emergency care, 47, 2023, 0–1 https://doi.org/10.1016/j.auec.2023.03.003 li, ge, and huwei wen, ‘the low-carbon effect of pursuing the honor of civilization? a quasi-experiment in chinese cities’, economic analysis and policy, 78 (2023), 343–57 https://doi.org/10.1016/j.eap.2023.03.014 libassi, matthew, ‘contested subterranean territory: gold mining and competing claims to indonesia’s underground’, political geography, 98.april 2021 (2022), 102675 https://doi.org/10.1016/j.polgeo.2022.102675 ———, ‘gold conflict and contested conduct: largeand small-scale mining subjectivities in indonesia’, geoforum, october, 2022 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.forpol.2019.102025 https://doi.org/10.1016/j.exis.2020.08.012 https://doi.org/10.1016/j.heliyon.2022.e12782 https://doi.org/10.1016/j.eap.2023.04.012 https://doi.org/10.1016/j.eap.2023.03.004 https://doi.org/10.1016/j.orgdyn.2023.100976 https://doi.org/10.1016/j.eap.2023.04.003 https://doi.org/10.1016/j.auec.2023.03.003 https://doi.org/10.1016/j.eap.2023.03.014 https://doi.org/10.1016/j.polgeo.2022.102675 130 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) https://doi.org/10.1016/j.geoforum.2022.10.005 ———, ‘uneven ores: gold mining materialities and classes of labor in indonesia’, journal of rural studies, 98.april 2022 (2023), 101–13 https://doi.org/10.1016/j.jrurstud.2023.01.013 liberatore, federico, miguel camacho-collados, and lara quijano-sánchez, ‘towards social fairness in smart policing: leveraging territorial, racial, and workload fairness in the police districting problem’, socio-economic planning sciences, march, 2023, 101556 https://doi.org/10.1016/j.seps.2023.101556 liu, lu, and li chen, ‘demystifying china’s police tactical units’, international journal of law, crime and justice, 73.november 2022 (2023), 100595 https://doi.org/10.1016/j.ijlcj.2023.100595 liu, zhen, meiling zhang, qiuming li, and xing zhao, ‘the impact of green trade barriers on agricultural green total factor productivity: evidence from china and oecd countries’, economic analysis and policy, 78 (2023), 319–31 https://doi.org/10.1016/j.eap.2023.03.011 margier, antonin, ‘the institutionalization of “tiny home” villages in portland: innovative solution to address homelessness or preclusion of radical housing practices?’, cities, 137.september 2022 (2023), 104333 https://doi.org/10.1016/j.cities.2023.104333 martin-valmayor, miguel a., luis a. gil-alana, and asís pardo martín, ‘us biofuel market persistence and mean reversion properties’, economic analysis and policy, 78 (2023), 648–60 https://doi.org/10.1016/j.eap.2023.04.008 mergel, ines, ‘social media institutionalization in the u.s. federal government’, government information quarterly, 33.1 (2016), 142–48 https://doi.org/10.1016/j.giq.2015.09.002 mirza, nawazish, muhammad umar, ayesha afzal, and saba fazal firdousi, ‘the role of fintech in promoting green finance, and profitability: evidence from the banking sector in the euro zone’, economic analysis and policy, 78 (2023), 33–40 https://doi.org/10.1016/j.eap.2023.02.001 ni, qingshan, hao zhang, and yanjin lu, ‘way to measure intangible capital for innovation-driven economic growth: evidence from china’, economic analysis and policy, 78 (2023), 156–72 https://doi.org/10.1016/j.eap.2023.03.003 paranata, ade, ‘the miracle of anti-corruption efforts and regional fiscal independence in plugging budget leakage: evidence from western and eastern indonesia’, heliyon, 8.10 (2022), e11153 https://doi.org/10.1016/j.heliyon.2022.e11153 peacock, robert p., sanja kutnjak ivković, irena cajner mraovic, and krunoslav https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.geoforum.2022.10.005 https://doi.org/10.1016/j.jrurstud.2023.01.013 https://doi.org/10.1016/j.seps.2023.101556 https://doi.org/10.1016/j.ijlcj.2023.100595 https://doi.org/10.1016/j.eap.2023.03.011 https://doi.org/10.1016/j.cities.2023.104333 https://doi.org/10.1016/j.eap.2023.04.008 https://doi.org/10.1016/j.giq.2015.09.002 https://doi.org/10.1016/j.eap.2023.02.001 https://doi.org/10.1016/j.eap.2023.03.003 https://doi.org/10.1016/j.heliyon.2022.e11153 issn 2807-2812 journal of human rights, culture and legal system 131 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) borovec, ‘examining a third level of police organizational climate: does organizational self-legitimacy shape officer attitudes on the job?’, journal of criminal justice, december 2022, 2023 https://doi.org/10.1016/j.jcrimjus.2023.102046 reisig, michael d., rick trinkner, and dennis sarpong, ‘measuring normative obligation to obey the police: an empirical assessment of a new police legitimacy scale’, journal of criminal justice, november 2022, 2023, 102045 https://doi.org/10.1016/j.jcrimjus.2023.102045 ren, xiaohang, xixia xia, and farhad taghizadeh-hesary, ‘uncertainty of uncertainty and corporate green innovation—evidence from china’, economic analysis and policy, 78 (2023), 634–47 https://doi.org/10.1016/j.eap.2023.03.027 sakya, andi eka, marina c.g. frederik, esti anantasari, endra gunawan, suci dewi anugrah, nurul sri rahatiningtyas, and others, ‘sow the seeds of tsunami ready community in indonesia: lesson learned from tanjung benoa, bali’, international journal of disaster risk reduction, 87.august 2022 (2023), 103567 https://doi.org/10.1016/j.ijdrr.2023.103567 satrya, wahyu fadli, ria aprilliyani, and emny harna yossy, ‘sentiment analysis of indonesian police chief using multi-level ensemble model’, procedia computer science, 216.2022 (2023), 620–29 https://doi.org/10.1016/j.procs.2022.12.177 sen, anindya, john david baker, qihuang zhang, rishav raj agarwal, and jeanpaul lam, ‘do more stringent policies reduce daily covid-19 case counts? evidence from canadian provinces’, economic analysis and policy, 78 (2023), 225–40 https://doi.org/10.1016/j.eap.2023.03.006 sharara, fablina, eve e. wool, gregory j. bertolacci, nicole davis weaver, shelly balassyano, alexandrea watson, and others, ‘fatal police violence by race and state in the usa, 1980–2019: a network meta-regression’, the lancet, 398.10307 (2021), 1239–55 https://doi.org/10.1016/s0140-6736(21)01609-3 solhjell, randi, ‘how acts become hate crime: the police’s documenting of criminal cases’, international journal of law, crime and justice, 72.september 2022 (2023), 100574 <https://doi.org/10.1016/j.ijlcj.2022.100574> sorensen, andre, ‘periurbanization as the institutionalization of place: the case of japan’, cities, 53 (2016), 134–40 https://doi.org/10.1016/j.cities.2016.03.009 stelter, marleen, iniobong essien, anette rohmann, juliane degner, and stefanie kemme, ‘shooter biases and stereotypes among police and civilians’, acta psychologica, 232.december 2022 (2023), 103820 https://doi.org/10.1016/j.actpsy.2022.103820 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jcrimjus.2023.102046 https://doi.org/10.1016/j.jcrimjus.2023.102045 https://doi.org/10.1016/j.eap.2023.03.027 https://doi.org/10.1016/j.ijdrr.2023.103567 https://doi.org/10.1016/j.procs.2022.12.177 https://doi.org/10.1016/j.eap.2023.03.006 https://doi.org/10.1016/s0140-6736(21)01609-3 https://doi.org/10.1016/j.cities.2016.03.009 https://doi.org/10.1016/j.actpsy.2022.103820 132 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) theerakosonphong, kritsada, and somsak amornsiriphong, ‘the interplay of labor and capital perspectives on formalization approaches: motorcycle taxi drivers in bangkok’, heliyon, 8.3 (2022), e09061 https://doi.org/10.1016/j.heliyon.2022.e09061 trinidad, arnie cordero, and elizabeth protacio-de castro, ‘the institutionalization of mental health and psychosocial support in emergencies in indonesia’, international journal of disaster risk reduction, 51.may (2020), 101918 https://doi.org/10.1016/j.ijdrr.2020.101918 truelove, verity, kayla stefanidis, and oscar oviedo-trespalacios, ‘“it is a different type of policing than in the bush”: police officers’ perceptions of the differences in enforcement of the phone use while driving legislation in rural and urban areas’, accident analysis and prevention, 186.august 2022 (2023), 107046 https://doi.org/10.1016/j.aap.2023.107046 walker, shelley, mandy wilson, kate seear, michael doyle, freya saich, mark stoové, and others, ‘police custody in australia: a call for transparency and accountability’, australian and new zealand journal of public health, 47.2 (2023), 1–3 https://doi.org/10.1016/j.anzjph.2023.100040 wisnubroto, djarot sulistio, khairul khairul, fatmuanis basuki, and endang kristuti, ‘preventing and countering insider threats and radicalism in an indonesian research reactor : development of a human reliability program ( hrp )’, heliyon, 9.5 (2023), e15685 https://doi.org/10.1016/j.heliyon.2023.e15685 wolfe, daniel, and roxanne saucier, ‘in rehabilitation’s name? ending institutionalised cruelty and degrading treatment of people who use drugs’, international journal of drug policy, 21.3 (2010), 145–48 https://doi.org/10.1016/j.drugpo.2010.01.008 wu, xin, xiao bai, hanying qi, lanxin lu, mingyuan yang, and farhad taghizadeh-hesary, ‘the impact of climate change on banking systemic risk’, economic analysis and policy, 78 (2023), 419–37 https://doi.org/10.1016/j.eap.2023.03.012 xie, huilong, jiashu zhang, and jingwen shao, ‘difference in the influence of internet use on the relative poverty among farmers with different income structures’, economic analysis and policy, 78 (2023), 561–70 https://doi.org/10.1016/j.eap.2023.03.022 zhang, zhengyong, zefeng xu, and yi ding, ‘do economic growth target constraints affect firm innovation?’, economic analysis and policy, 78 (2023), 373–88 https://doi.org/10.1016/j.eap.2023.03.018 zhou, ying, and wenmin huang, ‘the influence of network anchor traits on shopping intentions in a live streaming marketing context: the mediating https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2022.e09061 https://doi.org/10.1016/j.ijdrr.2020.101918 https://doi.org/10.1016/j.aap.2023.107046 https://doi.org/10.1016/j.anzjph.2023.100040 https://doi.org/10.1016/j.heliyon.2023.e15685 https://doi.org/10.1016/j.drugpo.2010.01.008 https://doi.org/10.1016/j.eap.2023.03.012 https://doi.org/10.1016/j.eap.2023.03.022 https://doi.org/10.1016/j.eap.2023.03.018 issn 2807-2812 journal of human rights, culture and legal system 133 vol. 3, no. 1, march 2023, pp. 109-133 aris irawan, et al,. (the role of institutionalization police support…) role of value perception and the moderating role of consumer involvement’, economic analysis and policy, 78 (2023), 332–42 https://doi.org/10.1016/j.eap.2023.02.005 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.eap.2023.02.005 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 160 https://doi.org/10.53955/jhcls.v3i2.85 journalhumanrightslegalsystem@gmail.com the geothermal development policy on environmental in indonesia and the usa willy naresta hanum a,1,*, i gusti ayu ketut rachmi handayani a,2, hilaire tegnan b,3 a faculty of law, universitas sebelas maret, surakarta, indonesia b law school, william and mary, williamsburg, va, united states * corresponding author: ayu_igk@staff.uns.ac.id 1. introduction the utilization of geothermal energy as a power plant is a promising alternative energy choice both for energy security and for dealing with the climate crisis. the energy produced through the use of geothermal energy is clean. the process of geothermal exploration and exploitation can be claimed to be more environmentally friendly and less destructive than oil, gas, and coal mining. however, in general, geothermal utilization remains a high risk for the environment and communities around the project due to possible hazards in its a r t i c l e i n f o a b s t r a c t article history received: january 10, 2023. revised: may 3, 2023. accepted: may 8, 2023. geothermal utilization is generally used as clean green energy because of its contribution to gradually eliminating high carbon energy. however, in practice, geothermal damage to the environment, even regulation of its utilization does not guarantee environmental justice. this research study aims to determine environmentally just geothermal regulations to eliminate negative environmental impacts and public rejection of geothermal utilization. this study uses normative legal research. the results of this study indicate that geothermal potential can replace high-carbon energy even though it still has a damaging impact on the environment. community rejection occurs in various areas where geothermal exploitation occurs in conservation forest areas. geothermal energy regulation in indonesia is no more pro-ecological than in the usa. based on the analysis of the legal gap between the theory of ecological justice and the legal triangle and energy policy, it is found that the principles of geothermal regulation must prioritize ecology, not mere exploitation. the findings of this study are strengthening the principles of geothermal regulation based on ecological justice. standardization of handling and monitoring of environmental impacts must be carried out in an integrated manner based on area category to avoid the widening of the ecological impact of geothermal utilization which results in rejection of the next project. this is an open-access article under the cc–by 4.0 license. keywords ecology; environment; community; geothermal; policy; mailto:journalhumanrightslegalsystem@gmail.com mailto:ayu_igk@staff.uns.ac.id https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 161 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) activities1 because the exploration and exploitation of the high temperature of the geothermal fluid and its accompanying gas.2 thus, exploiting geothermal energy requires high technology and a large amount of investment3 then arrangements must also be followed that does not only focus on profit exploitation. geothermal utilization arrangements must be made while taking into account the environmental and societal impacts. countries with high emission levels such as the usa, china, eu, russia, japan and india have signed the paris agreement. while indonesia has ratified the paris agreement through law no. 16 of 2016 confirmation of the unfccc paris agreement as a good faith support for limiting climate change. the ratification of the agreement not only brings indonesia to reach a balance between co2 and the amount that can be absorbed by the environment or the atmosphere.4 reconciling geothermal energy with another new and renewable energy (nre) by the economic facets, geothermal heat is more effective and sustainable in phasing out and replacing fossil energy. compared to other energies, geothermal is more sustainable in the long term and does not require other major power plants to supply electricity nationally. it is diverse from the other low-cost nres, which still depend on each other. even nres such as solar and biomass power plants to meet national energy still necessitate power plants using coal. in addition, indonesia is included in the cohort with base load generating plants with enormous output power and high capital costs. the energy commonly used to carry that base load is coal-fired steam and geothermal power plants. due to using coal as the most power plant, its effect on energy efficiency has been a crucial problem.5 in a sense, if we could not use coal as primary power plants so only geothermal energy is adequate to phase out coal energy. even though other nres have larger reserves and the price is cheaper than geothermal heat. electricity production from geothermal heat can reach 90-95% of installed capacity. in addition, the electricity generated is stable (non-intermittent and does not depend on other fuels). 1 guozhu zhang and others, ‘a promising technology of cold energy storage using phase change materials to cool tunnels with geothermal hazards’, renewable and sustainable energy reviews, 163 (2022), 112509 https://doi.org/10.1016/j.rser.2022.112509 2 yu xu and others, ‘synergetic mining of geothermal energy in deep mines: an innovative method for heat hazard control’, applied thermal engineering, 210 (2022), 118398 https://doi.org/10.1016/j.applthermaleng.2022.118398 3 ravita d prasad and atul raturi, ‘techno-economic analysis of a proposed 10 mw geothermal power plant in fiji’, sustainable energy technologies and assessments, 53 (2022), 102374 https://doi.org/10.1016/j.seta.2022.102374 4 rahul sindhwani and others, ‘modeling the critical success factors of implementing net zero emission (nze) and promoting resilience and social value creation’, technological forecasting and social change, 181 (2022), 121759 https://doi.org/10.1016/j.techfore.2022.121759 5 ambarsari dwi cahyani and others, ‘between insufficiency and efficiency: unraveling households’ electricity usage characteristics of urban and rural indonesia’, energy for sustainable development, 69 (2022), 103–17 https://doi.org/10.1016/j.esd.2022.06.005 https://doi.org/10.1016/j.rser.2022.112509 https://doi.org/10.1016/j.applthermaleng.2022.118398 https://doi.org/10.1016/j.seta.2022.102374 https://doi.org/10.1016/j.techfore.2022.121759 https://doi.org/10.1016/j.esd.2022.06.005 162 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) in forcing other resources to be primary energy, such as solar and wind, those will certainly not be able to withstand the use of existing electricity. solar and wind are intermittent and unpredictable. thus, unlike geothermal heat, another energy will depend on another energy to fulfill the needs of the national electricity system. for example, if the use of solar energy takes over the coal power plants, it also needs another energy to support the electricity distribution (by coal) due to indonesia has no proper batteries for electricity saving (solar energy interferes when the sun goes down). 6 unfortunately, several previous studies stated that geothermal as clean energy still leaves various negative impacts on the utilization process. environmental damage can occur if not managed properly. geothermal development produces b3 waste which can be harmful to the ecosystem. even inappropriate use can endanger health to the point of killing the soul.7 prior study, wrote by paulillo et al. (2020), it illustrated that geothermal energy is a renewable baseload resource that can facilitate the decarbonization of the power generation sector. they developed life cycle assessment (lca) technology that enables rapid yet accurate estimation of the environmental impact of geothermal power.8 this research tends to discuss technology for assessing ecological impacts according to the environmental category. in line with paulillo, gkousis et.al. state that geothermal energy extraction impacts the environment. they also mentioned lca, where the time component is usually not considered in geothermal lca, even though time dramatically influences the environmental load.9 research on energy transitions was also carried out by annisa sekaringtias et al. (2023). the research findings regarding the community acceptance problem are by addressing socially just inclusion and ensuring the adoption and acceptance of all. they also said forming an independent agency for the energy transition was essential. this study is quite linear with the authors but has a different focus.10 this research uses a socio-political approach, while the author uses a legal approach. the author also only focuses on the energy transition through geothermal energy and its negative impacts, especially in forest areas. comparison of the study with the usa also differentiates this research. 6 moses jeremiah barasa kabeyi and oludolapo akanni olanrewaju, ‘geothermal wellhead technology power plants in grid electricity generation: a review’, energy strategy reviews, 39 (2022), 100735 https://doi.org/10.1016/j.esr.2021.100735 7 matteo spada, emilie sutra, and peter burgherr, ‘comparative accident risk assessment with focus on deep geothermal energy systems in the organization for economic co-operation and development (oecd) countries’, geothermics, 95 (2021), 102142 https://doi.org/10.1016/j.geothermics.2021.102142 8 andrea paulillo and others, ‘simplified models for predicting the environmental impacts of geothermal power generation’, cleaner environmental systems, 6 (2022), 100086 https://doi.org/10.1016/j.cesys.2022.100086 9 spiros gkousis, kris welkenhuysen, and tine compernolle, ‘deep geothermal energy extraction, a review on environmental hotspots with focus on geo-technical site conditions’, renewable and sustainable energy reviews, 162 (2022), 112430 https://doi.org/10.1016/j.rser.2022.112430 10 annisa sekaringtias, brunilde verrier, and jennifer cronin, ‘untangling the socio-political knots: a systems view on indonesia’s inclusive energy transitions’, energy research & social science, 95 (2023), 102911 https://doi.org/10.1016/j.erss.2022.102911 https://doi.org/10.1016/j.esr.2021.100735 https://doi.org/10.1016/j.geothermics.2021.102142 https://doi.org/10.1016/j.cesys.2022.100086 https://doi.org/10.1016/j.rser.2022.112430 https://doi.org/10.1016/j.erss.2022.102911 issn 2807-2812 journal of human rights, culture and legal system 163 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) research on several power plants based on renewable energy sources is widely considered green and clean because of its contribution to the decarbonization of the energy sector. renewable energy does not produce carbon dioxide, but its significant negative impact on the environment is still found.11 it cannot be ignored. although this study has similarities with the authors, the trend of research conducted by rahman et al. is to compare the negative impacts of several renewable energies. in comparison, the author tends to examine how arrangements should be made to remove obstacles to geothermal utilization, especially in controlling environmental damage by the government and policies that gain public acceptance of geothermal projects. indonesia and the usa have the vastest geothermal potential in the world; of course, its utilization should be used as a reference. however, environmental and societal impact issues remain unavoidable. utilization of geothermal is regulated by tending to see what benefits are obtained for realizing net zero emission by minimizing the possibility of environmental damage and community rejection. geothermal development, expected to encourage indonesia to overcome and adapt to climate change, creates new problems. issues regarding ecological sustainability, not only regarding the environment and human safety but also turbulent social issues—even cultural values that should be respected. initially, geothermal utilization could positively impact the energy transition target, together with the realization of community welfare, especially for the people around the geothermal field, not the other way around. referring to the theory of ecological justice, brian baxter (2005) argued in his study that there are moral considerations for other living things and a human connection with the earth's biosphere. therefore, distributive justice is not only given to humans but also other living things and inanimate objects (non-humans). first and foremost, low and gleeson (1983) argue that ecological justice differs from environmental justice in that we must here consider moral values. this deeper moral understanding of justice relates to human and non-human relations. concerning geothermal development, the results of the utilization of natural resources are not only related to human interests alone – anthropocentric, which tend to confuse often human and nonhuman relations.12 the legal gap in this paper will be directed at studying geothermal regulation, which focuses on the principles of geothermal utilization that do not yet reflect ecological justice. it tends to be exploitative and ignores the environment, and receives project rejection by the community. rejection often occurs due to frequent environmental sustainability problems, especially in projects carried out in 11 abidur rahman, omar farrok, and md mejbaul haque, ‘environmental impact of renewable energy source based electrical power plants: solar, wind, hydroelectric, biomass, geothermal, tidal, ocean, and osmotic’, renewable and sustainable energy reviews, 161 (2022), 112279 https://doi.org/10.1016/j.rser.2022.112279 12 kamila pope, michelle bonatti, and stefan sieber, ‘the what, who and how of socio-ecological justice: tailoring a new justice model for earth system law’, earth system governance, 10 (2021), 100124 https://doi.org/10.1016/j. aesg.2021.100124 https://doi.org/10.1016/j.rser.2022.112279 https://doi.org/10.1016/j.%20aesg.2021.100124 164 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) conservation forest areas. therefore, it is necessary to change the regulation principles and standardize handling ecological impacts based on the project area. these das sein issues arise because of an imbalance with das sollen, that is, the regulation of geothermal utilization which should be based on ecological justice. ecological justice means justice is not only given to humans and non-humans (plants, animals, and inanimate objects). no energy utilization technology is without risk. maximum energy utilization must be carried out thoroughly, considering all aspects. therefore, geothermal regulation that implements the values of ecological justice is essential to promote. because conflicts of interest due to regulations that do not provide ecological justice will reduce the value of the benefits of several other "parties".13 the target of 23% nre dominance in the mix to encourage the phasing out of fossil energy to non-fossil energy14 cannot be used as the legality of regulating geothermal utilization which ecologically unfair. achieving net zero emissions should still be carried out by considering the benefits in all aspects. the urgency of this study is based on the transition from fossil energy to clean energy in indonesia and the usa, which must be carried out immediately. geothermal energy plays an essential role in supporting this energy transition. however, the environmental impact and community rejection of the use of geothermal energy have not been adequately resolved because laws and regulations are often not concerned with the environment. it raises a dilemma between realizing energy mix targets or damaging biodiversity. based on the description above, this paper aims to provide updates regarding the regulation of geothermal utilization, concerned with the environment damage and public acceptance, both in indonesia and the usa. 2. research method it is a normative legal research article regarding the regulatory concept of realizing geothermal utilization, which eliminates adverse impacts on the environment and leads to community rejection. this research study explains legal facts with inductive logic and interprets and evaluates geothermal utilization policies. this article uses various primary and secondary legal sources, such as laws and regulations, books, and journals. the approach used in this research study is a statutory approach used to find a lawful basis, evaluate, and construct regulatory arrangements for controlling the use of geothermal energy to handle objections to use. a conceptual approach is used to find concepts related to monitoring negative impacts on the environment and conflict resolution against geothermal development in forest areas based on the principles of ecological justice and the triangle of energy law and policy. the flow of writing this article is: finding 13 kamia handayani and others, ‘moving beyond the ndcs: asean pathways to a net-zero emissions power sector in 2050’, applied energy, 311 (2022), 118580 https://doi.org/10.1016/j.apenergy.2022.118580 14 richard clark, noah zucker, and johannes urpelainen, ‘the future of coal-fired power generation in southeast asia’, renewable and sustainable energy reviews, 121 (2020), 109650 https://doi.org/10.1016/j.rser.2019.109650 https://doi.org/10.1016/j.apenergy.2022.118580 https://doi.org/10.1016/j.rser.2019.109650 issn 2807-2812 journal of human rights, culture and legal system 165 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) legal facts, identifying legal issues, analyzing problems, building settlement models, and drawing conclusions. 3. results and discussion the impact of geothermal development policy on environmental in indonesia basically, indonesia has massive potential for the nre by utilizing green energy to realize energy security. in terms of solar energy, it has above 200.000 megawatts (mw) potency; hydro energy has around 75.000 mw; while geothermal energy potential is about 23.000 mw. following up on the potency of nre, indonesia has an ambitious plan to strengthen energy security year by year. in 2025, indonesia aims to dominate nre with solar energy power plants. besides, in 2035 the power plant would be provided by hydro and geothermal power plants. furthermore, in 2050, solar energy and biomass will be the most preferred power plants. still, the use of non-renewable energy is the primary energy mix nowadays.15 in 2020, only 0.02% of the nre potency had been utilized. regarding to the ministry of energy and mineral resources, the energy mix remained to be dominated by fossil energy at 88.8%, coal at 38%, gas at 19.2%, and oil at 31.6%. at the same time, the power generated from nre was only precisely 11.2%.16 focussing on geothermal heat, indonesia is known as a host of four of the world’s largest power plants due to operating the gunung salak unit which is the biggest resource worth around 375 mwe, conducted by pt pge with joint operation contract (joc). if the leading sector of geothermal heat is ranked, it would be sorted by the usa, indonesia, the philippines, turkey, new zealand, and mexico (in descending order). at the declared rate that indonesia intends to foster a greater amount of its truly extensive geothermal assets, it very well might be conceivable that they could outperform the usa and become the worldwide market pioneer before 2030.17 thus, indonesia is expected to be the main energy to turn over the using of carbon energy to clean energy. in fact, geothermal heat has been utilized as electricity by pt pln only 2.650 mw, or less than 80% compared to its target in 2030 (3.355 mw).18 nevertheless, if recalling memr’s plan, it has targeted at 7.241,5 mw. appealing to the data, pt pln only targeted no more than half of memr. in this case, we can see the sharp 15 andri d. setiawan and others, ‘evaluating feed-in tariff policies on enhancing geothermal development in indonesia’, energy policy, 168.july (2022), 113164 https://doi.org/10.1016/j.enpol.2022.113164 16 nugroho agung pambudi, ‘geothermal power generation in indonesia, a country within the ring of fire: current status, future development and policy’, renewable and sustainable energy reviews, 81 (2018), 2893–2901 https://doi.org/10.1016/j.rser.2017.06.096 17 john w. lund, gerald w. huttrer, and aniko n. toth, ‘characteristics and trends in geothermal development and use, 1995 to 2020’, geothermics, 105 (2022), 102522 https://doi.org/10.1016/j.geothermics.2022.102522 18 martha maulidia and others, ‘rethinking renewable energy targets and electricity sector reform in indonesia: a private sector perspective’, renewable and sustainable energy reviews, 101.february 2018 (2019), 231–47 https://doi.org/10.1016/j.rser.2018.11.005 https://doi.org/10.1016/j.enpol.2022.113164 https://doi.org/10.1016/j.rser.2017.06.096 https://doi.org/10.1016/j.geothermics.2022.102522 https://doi.org/10.1016/j.rser.2018.11.005 166 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) gap in goals within primary institutions in providing electricity from geothermal heat, which could affect the attempting of carrying out to achieve its use. it proves that geothermal power has not been given enough proportion to dominate clean energy in indonesia. ultimately, it inflicts a basic question on how the policies that support this geothermal development will be made if the intention targets are not aligned. a mistake has been started at the very beginning-no unite gaze on the national roadmap. thus, geothermal energy is a potential power plant. the energy produced through the use of geothermal energy is clean. likewise, the process of exploration and exploitation of geothermal energy is environmentally friendly and less destructive than oil, gas, and coal mining. however, in the field, geothermal energy utilization still causes various negative impacts. real impacts occur due to exploitation, utilization of electric power, or even from the land clearing stage for exploration. the government must deal with damage to conservation forest areas. geothermal potential in indonesia has been identified as located in 29 (twentynine) conservation forest areas and 10.9% are overlapping conservation forests due to the expansion of conservation forest areas.19 pro-environmental sustainability regulations have not supported geothermal utilization in indonesia. there are still many settings that tend to be exploitative. several articles in the principle of legislation in indonesia hinder the use of geothermal in an environmentally just manner. this arrangement is contained in the law on geothermal energy, of which several articles have been amended by the job creation law—the omnibus law. the first arrangement that needs to be criticized is geothermal, which is a national asset controlled by the state and used for the greatest prosperity of the people. in this case, of course, the people's wealth is the most prioritized. moreover, indonesia has declared its country as a welfare state. if this article is adopted outright, it tends to be anthropocentric. it is because natural resources are directed at meeting the welfare of society. welfare is attached to the mere meaning of economics.20 they are, furthermore, looking at the regulation of the principles of implementing geothermal utilization based on nine principles. however, the four principles tend to be exploitative-economic, such as benefits, efficiency, economic optimization in utilizing energy resources, and affordability. in comparison, concern for the environment is embodied in only two principles: sustainability and preserving environmental functions. the rest tends to be used to underlie energy security arrangements, namely self-sufficiency, security and safety, and justice. however, this principle regarding environmental sustainability has been removed through the crystallization of regulations in the articles below it. the principle of protecting the environment was ultimately not considered. 19 peter s. coates and others, ‘geothermal energy production adversely affects a sensitive indicator species within sagebrush ecosystems in western north america’, biological conservation, 280 (2023), 109889 https://doi.org/10.1016/j.biocon.2022.109889 20 kirana intaniasari, ‘gross split contract framework regulation on the caring for people’, bestuur, 8.2 (2020), 96 https://doi.org/10.20961/bestuur.v8i2.43141 https://doi.org/10.1016/j.biocon.2022.109889 https://doi.org/10.20961/bestuur.v8i2.43141 issn 2807-2812 journal of human rights, culture and legal system 167 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) in utilizing geothermal energy for electricity generation, activities can be carried out in all regions of indonesia, including production forest areas, protected forest areas, and even conservation forest areas and sea areas. supervision is stacked on the business license. if the permit process is not standardized, nothing more can be expected in protecting and minimizing negative environmental impacts. not only in conservation forests but geothermal utilization is also permitted on communal land. geothermal power projects are often claimed to enhance regional economic development21 and are sometimes presented as investment opportunities for indigenous communities.22 meanwhile, this customary land has unique characteristics that must be protected by cultural customs and its natural preservation, where conflicts are prone to occur with the community, leading to the rejection of human rights violations. in another article, it is said that in the case of using state land parcels, land rights, communal land, and/or forest areas within the work area, the holder of a business permit for direct utilization or the holder of a business permit in the geothermal sector must first carry out land use settlements with land users on state land or holders of rights or business permits in the geothermal sector in the forestry sector following statutory provisions. if we look closely, it means the business actor already has a business permit before resolving land disputes with the community.23 interestingly, the following article needs to be criticized. it states that business permits in the geothermal sector, initially carrying out geothermal exploitation on state land, land rights, communal land, and/or forest areas, are given the obligation to 1) show business permits in the geothermal field or a legal copy; 2) notify the purpose and place of the activity to be carried out; and 3) carry out settlements or settlement guarantees approved by land users on state land and/or rights holders. however, it is often found that the third obligation is neglected by political lobbying and violence. practically, the permit holder is happy to complete only the first and second obligations. unfortunately, sanctions for environmental damage stop at administrative sanctions. administrative sanctions tend to be light and not remedial for the environment, namely written warnings; temporary suspension of all exploration, exploitation, and utilization activities; administrative fines; and/or revocation of business permits. these articles open space for geothermal business actors to pay less attention to the sustainability and safety of the surrounding environment. an example of a case that occurred in geothermal utilization was the case of exposure to h2s gas at the 21 julie macarthur and steve matthewman, ‘populist resistance and alternative transitions: indigenous ownership of energy infrastructure in aotearoa new zealand’, energy research & social science, 43 (2018), 16–24 https://doi.org/10.1016/j.erss.2018.05.009 22 geothermal energy and society, ed. by adele manzella, agnes allansdottir, and anna pellizzone (cham: springer international publishing, 2019), lxvii https://doi.org/10.1007/978-3-319-78286-7 23 hilman s fathoni, abidah b setyowati, and james prest, ‘is community renewable energy always just? examining energy injustices and inequalities in rural indonesia’, energy research & social science, 71 (2021), 101825 https://doi.org/10.1016/j.erss.2020.101825 https://doi.org/10.1016/j.erss.2018.05.009 https://doi.org/10.1007/978-3-319-78286-7 https://doi.org/10.1016/j.erss.2020.101825 168 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) sorik marapi geothermal power plant (gpp). this incident caused five victims from the residents to die, and 46 people received treatment at the hospital. three people were outpatients, and one person was treated medically. the results of the investigation show that there has been an operational mall by pt sorik marapi geothermal power (smgp) in the sorik marapi geothermal field. pt smgp, as the holder of a geothermal permit, is responsible for the geothermal accident. the directorate general of renewable energy and energy conservation issued a letter of temporary suspension of all smgp activities/activities in the sorik marapi geothermal field. without putting aside the existing operational malls, the government, as the permitted provider, is also not firm in dealing with problems in the sorik marapi field. where the community's safety around the geothermal development site is not paid attention to by the government, developers let the pipes pass around the settlements. a gas leak also occurred at the dieng gpp in the banjarnegara region, central java, in 2022, resulting in a death toll. in addition, geothermal utilization at the ulumbu gpp contains noncondensable gas (ncg) substances in the steam discharged into the open air, such as h2s gas, methane, and other gases. the liquid waste generated by the ulumbu gpp, released into the waekokor river, is still below the quality standards set by the government. pln as the owner of the ulumbu gpp does not exceed the rules set by the government regarding wastewater quality standards for geothermal exploration and production businesses and/or activities. in some locations, the use of geothermal energy even causes a decrease in groundwater.24 regarding the operation of gpp ulumbu, the government needs to carry out supervision considering the potential for pollution from liquid waste disposal. following law no. 21 of 2014 concerning geothermal that the authority to guide and supervise geothermal exploitation in indonesia is the authority of the central government, but because the location of ulumbu is relatively remote and difficult to reach, local governments need to be involved. the regional government of manggarai needs to be concerned, considering that the local government is at the location daily, so it is easier to carry out supervision. the rejection of geothermal development cannot be avoided, for example, the rejection in padarincang-banten and the rejection of geothermal development in the gede-pangrango area. the rejection of the geothermal development project also occurred in wae sano village, sano nggoang district, west manggarai regency, ntt. it is because the development is being carried out in a conservation forest area, which the people of wae sano village believe can disrupt ecological sustainability and also affect the vitality of the local community, which also still adheres to noble cultural values. the rejection that occurred, which failed the geothermal project, has also happened in karanganyar regency, central java. this 24 miguel ángel marazuela and others, ‘assessment of geothermal impacts on urban aquifers using a polar coordinates-based approach’, journal of hydrology, 612 (2022), 128209 https://doi.org/10.1016/j.jhydrol.2022.128209 https://doi.org/10.1016/j.jhydrol.2022.128209 issn 2807-2812 journal of human rights, culture and legal system 169 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) project is planned regarding the forest area and cultural heritage of mount lawu.25 gpp sokaria in east nusa tenggara, in 2011, also experienced rejection from the management of the kelimutu national park conservation forest area. however, it is currently operating after revising the 2014 geothermal law. according to data from the geological agency of the ministry of energy and mineral resources in 2018, 342 locations of geothermal resources have been found spread across 8 (eight) significant islands. below is a table of several geothermal utilization locations in indonesia and the classification of their working areas. some are included in conservation forest areas and are also experiencing conflict. table 1. indonesia geothermal potential locations in forest area no. power plant potential industry location 2 gpp sarulla 330 mw sarulla operation ltd. protected forest area 3 gpp salak 337 mw pt star energy geothermal salak ltd. conservation area national park 4 gpp wayang windu 227 mw star energy geothermal wayang windu protected forest area 5 gpp kamojang 235 mw pt pertamina geothermal energy conservation area nature tourism park 6 gpp darajat 270 mw star energy geothermal darajat conservation area nature tourism park 7 gpp karaha 30 mw pt pertamina geothermal energy protected forest area 8 gpp rantau dedap 91,2 mw pt supreme energy rantau dedap protected forest area 9 gpp sokoria 5 mw pt sokoria geothermal indonesia conservation area national park 10 gpp gunung lawu 165 mw pt pertamina geothermal energy (failed) protected forest area and there are various cultural heritage sites 11 gpp wae sano pt geo dipa energi (on progress) nunang, lempe and dasak traditional villages based on table 1. several geothermal utilization projects are located in conservation forest areas, most in protected forest areas. prior to the revision of the 2014 geothermal law, the use of geothermal energy in protected forest areas was also not permitted. it conflicted with protected forest managers and local communities. after the revision, the existing arrangements opened up the most comprehensive possible space for geothermal development. however, with so many environmental impact cases occurring, the government seems not concerned about regulating and imposing sanctions on permit holders in the event of 25 abdillah ibrohim, rizqi mahfudz prasetyo, and istifari husna rekinagara, ‘understanding social acceptance of geothermal energy: a case study from mt. lawu, indonesia’, iop conference series: earth and environmental science, 254 (2019), 012009 https://doi.org/10.1088/17551315/254/1/012009 https://doi.org/10.1088/1755-1315/254/1/012009 https://doi.org/10.1088/1755-1315/254/1/012009 170 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) environmental damage. therefore, social and legal criticism is essential for making decisions. support for geothermal utilization can continue to be supported.26 the impact of geothermal development policy on environmental in usa in the usa, geothermal energy was first used for electric power production in the united states in 1960. the geysers in sonoma and lake counties, california was developed into the world's largest geothermal steam electrical plant, at 1.517 megawatts. other geothermal steam fields operate in the western usa and alaska. in this century, many power plants were built with relatively small capacities. for example, in the six western states that have geothermal power plants, less than 0.5 gw of new geothermal capacity.27 geothermal power can be dispatchable to follow the demands of changing loads. its environmental impact includes hydrogen sulfide emissions, corrosive or saline chemicals discharged in waste water, possible seismic effects from injection into rock formations, waste heat and noise.28 in the pacific northwest, the usa forest service is set to open more than 80,000 acres for potential geothermal power development. companies would then be able to apply for permits to build power plants that would harness the heat beneath the surface to spin turbines and generate electricity. all of this would be taking place in the mount baker-snoqualmie national forest in washington state. in the usa, the use of geothermal energy is regulated in the geothermal steam act of 1970. it is also held in the geothermal energy act of 1980, which concerns loans, programs, the use of geothermal energy, and regulations. the act provides for the development of domestic geothermal reserves into regionally significant energy sources, promoting the economic health and national security of the nation. the federal government is obligated to encourage private industry by developing and demonstrating practical ways to produce valuable energy from geothermal resources in environmentally friendly processes. geothermal energy was the first form of renewable energy that the bureau of land management (blm) approved for production on public lands, with 2018 marking four decades since the first approved geothermal project in 1978.29 the increasing demand for renewable energy has resulted in the expansion of energy infrastructure across the scrub ecosystems of western north america. geothermal power is an increasingly popular renewable energy source, especially in remote areas, but little is known about its impact on the environment, wildlife 26 benjamin k. sovacool and michael h. dworkin, global energy justice (cambridge university press, 2014) https://doi.org/10.1017/cbo9781107323605 27 mark bolinger and others, ‘mind the gap: comparing the net value of geothermal, wind, solar, and solar+storage in the western united states’, renewable energy, 205 (2023), 999–1009 https://doi.org/10.1016/j.renene.2023.02.023 28 guillaume attard and others, ‘a novel concept for managing thermal interference between geothermal systems in cities’, renewable energy, 145 (2020), 914–24 https://doi.org/10.1016/j.renene.2019.06.095 29 hildigunnur h. thorsteinsson and jefferson w. tester, ‘barriers and enablers to geothermal district heating system development in the united states’, energy policy, 38.2 (2010), 803–13 https://doi.org/10.1016/j.enpol.2009.10.025 https://doi.org/10.1017/cbo9781107323605 https://doi.org/10.1016/j.renene.2023.02.023 https://doi.org/10.1016/j.renene.2019.06.095 https://doi.org/10.1016/j.enpol.2009.10.025 issn 2807-2812 journal of human rights, culture and legal system 171 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) populations, and local communities. please note that toxic substances such as arsenic and antimony, detrimental to human health, are contained in geothermal water. a report on the olkaria power plant in kenya reveals that the geothermal power plant has negatively impacted the nearby maasai community. due to the scarcity of skilled workers in some gpps, many foreign workers must install, operate and decommission these plants. expanding these factories would require more skilled workers, hindering the indigenous culture observed by the natives. in addition, residents of housing near gpp can be exposed to dust and/or odors, which will eventually cause illnesses such as colds, flu, visual disturbances, and even respiratory ailments. in addition, gpp requires an excessive amount of land, which may result in large numbers of indigenous people settling elsewhere. always available in some parts of the world, geothermal energy is used by gpp to heat space and generate electrical energy. they demand large areas of land for their operations, sometimes forcing native people to move. discharge of toxic chemicals found in wastewater can contaminate nearby water sources. foul odors, dust, and indirect emissions were observed from this res. emissions per kwh can be reduced by increasing the number of boreholes while making them as deep as 90 km. the most threatening threat from this res-based power plant is a seismic activity which can be a disaster if it is near a densely populated area. this information must be remembered before installing the gpp.30 research in kenya and iceland by clemens greiner et.al (2023), states that geothermal projects can have detrimental impacts such as loss of land and livelihoods. however, the positive impact of the project area is also providing benefits in the form of additional infrastructure development, such as water and roads. of course, in this study the benefits to humans cannot justify the harm to non-human elements.31 it goes without saying that arsenic-rich geothermal fluids are hazardous materials with global impacts, affecting different environments (groundwater, surface water, seawater, sediment, soil, atmosphere) and human and animal health. for the first time, a systematic global assessment of geothermal arsenic in fluids from the six main types of geothermal reservoirs and their environmental impacts (e.g. sources of fresh water used for drinking and irrigation), distinguishing between different uses (if any), was carried out. based on research on geochemical characteristics and geotectonic settings the formation of natural geothermal reservoirs around the world.32 this will help to further increase the sustainable use of geothermal energy, which can be an excellent source of environmentally friendly 30 marco vaccari and others, ‘rigorous simulation of geothermal power plants to evaluate environmental performance of alternative configurations’, renewable energy, 207 (2023), 471–83 https://doi.org/10.1016/j.renene.2023.03.038 31 clemens greiner, britta klagge, and evelyne atieno owino, ‘the political ecology of geothermal development: green sacrifice zones or energy landscapes of value?’, energy research & social science, 99 (2023), 103063 https://doi.org/10.1016/j.erss.2023.103063 32 alejandro garcía-gil and others, ‘nested shallow geothermal systems’, sustainability, 12.12 (2020), 5152 https://doi.org/10.3390/su12125152 https://doi.org/10.1016/j.renene.2023.03.038 https://doi.org/10.1016/j.erss.2023.103063 https://doi.org/10.3390/su12125152 172 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) renewable energy for both electric power production and direct heat use. arsenic in geothermal fluids (up to several tens of mg/l) originates mainly from deep reservoirs (several kilometers). proper management of geothermal fluids during exploration, exploitation, use and sustainable disposal of the resulting waste products due to mitigation strategies is very important.33 similar to the influence of geothermal utilization in indonesia, the united states also found damage to ecosystems in utilization areas. in the study it was also found that there was a decrease in population sharing to the extinction of animal populations in conservation areas where utilization was carried out. through demographic models we reveal decreased survival associated with proximity to geothermal infrastructure, reduced surface topographical impedance, as well as found and increased density of nest predators. the model also predicts decreased adult survival with respect to.34 therefore, future development of geothermal energy balances the need for domestic energy production with minimizing adverse effects on wildlife populations as well as humans. assessing the direct and indirect effects of geothermal energy production on sensitive species is an important step to inform the current and future ecological impacts of this fast-growing industry in scrubby ecosystems in the usa35 therefore, geothermal utilization in the us cannot be avoided from releasing negative impacts to the environment. to prevent environmental damage, in addition to regulations regarding geothermal, it is also supported by the geothermal resources operational orders (gros), the environmental protection act, the clean water act, the clean air act, the endangered species act, various acts related to cultural resources and native american rights and the public utilities regulatory policy act. based on the geothermal steam act of 1970 (30 united states code service (usac.) § 1001), geothermal energy was regarded legally as a groundwater resource. it is also authorized the secretary of the interior to issue leases for the development and utilization of geothermal resources on lands managed by the department of the interior and the usa forest service (see §1002 and §1004 usac.). "(e) the secretary of agriculture shall consider the effects on significant thermal features of those units of the national park system identified in subsection (a) of this section in determining whether to consent to leasing under the geothermal steam act of 1970, as amended, on national forest or other lands administered by the department of agriculture available for leasing under the geothermal steam act of 1970, as amended, including public, withdrawn, and acquired lands. in the united states, geothermal utilization is also permitted in conservation areas. however, the secretary shall maintain a list of significant thermal features within units of the national park system, including but not limited to the following 33 nury morales-simfors and jochen bundschuh, ‘arsenic-rich geothermal fluids as environmentally hazardous materials – a global assessment’, science of the total environment, 817 (2022), 152669 https://doi.org/10.1016/j.scitotenv.2021.152669 34 helen kopnina and haydn washington, ‘book review’, biological conservation, 254 (2021), 108951 https://doi.org/10.1016/j.biocon.2021.108951 35 coates and others. https://doi.org/10.1016/j.scitotenv.2021.152669 https://doi.org/10.1016/j.biocon.2021.108951 issn 2807-2812 journal of human rights, culture and legal system 173 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) units: mount rainier national park, crater lake national park, yellowstone national park, john d. rockefeller, jr. memorial parkway, bering land bridge national preserve, gates of the arctic national park and preserve, katmai national park, aniakchak national monument and preserve, wrangell-st. elias national park and preserve, lake clark national park and preserve,hot springs national park, big bend national park (including that portion of the rio grande national wild scenic river within the boundaries of big bend national park), lassen volcanic national park, hawaii 'i volcanoes national park, haleakalā national park, lake mead national recreation area. the mention of the names of these regions needs to be appreciated. this indicates that the area is guaranteed by law for its conservation protection. the blm, which is an agency within the united states department of the interior responsible for administering federal lands, is required to manage the impacts of geothermal operations on public lands under the federal land policy and management act and the national environmental policy act. the secretary shall maintain a monitoring program for significant thermal features within units of the national park system. the secretary shall establish a research program to collect and assess data on the geothermal resources within units of the national park system with significant thermal features. such program shall be carried out by the national park service in cooperation with the usa geological survey and shall begin with the collection and assessment of data for significant thermal features near current or proposed geothermal development and shall also include such features near areas of potential geothermal development. compared to regulations in indonesia, the usa is more concerned about protecting conservation areas that are used as geothermal utilization areas. not only delegating it to tenants, but also burdened with the responsibility of managing negative geothermal impacts, monitoring and assessing them. indirectly, geothermal regulation in the usa shows that the use of geothermal energy has a significant impact on the environment, so that regulation of this negative impact is stated directly in the law. moreover, the usa directly states which conservation areas must be considered by the secretary of the interior if there are areas that are used for the utilization of geothermal resources. sharp and pro-environmental arrangements certainly greatly affect the acceptance of a geothermal project at a location. because, in fact the use of geothermal leaves ecological damage.36 the social perspective is one of the key considerations, which can speed up the cycle of selection for adoption and support for innovations. impacts on society and the prosperity of communities and individuals are defined as social impacts. every activity can have consequences for the community that can change or affect people's lifestyles, business, communication, and so on. these activities can also have a cultural impact by changing people's beliefs, values, standards, and behavior. social acceptance by 36 katherine mary luketina, ‘environmental impacts of geothermal energy use’, in comprehensive renewable energy (elsevier, 2022), pp. 72–91 https://doi.org/10.1016/b978-0-12-819727-1.00010-8 https://doi.org/10.1016/b978-0-12-819727-1.00010-8 174 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) local communities is a requirement for the development of renewable energy such as geothermal. meanwhile, the social acceptance of geothermal utilization is less than other renewable energies. koenraad f. beckers et al. (2021) previously stated that geothermal energy is relatively invisible compared to other renewable energy generators. it has led to a lack of public awareness, which is essential for influencing policies, including the issue of access to land for the use of geothermal energy. stakeholders are said to be required to communicate the utilization risk evaluation openly.37 according to the literature, several factors affecting geothermal acceptance are: limited public knowledge about the technology, adverse media coverage, concerns about environmental impacts such as seismic induction, water consumption, and also negative effects on hot springs, low level of community participation in the process. consulting and project development. geothermal regulations based on ecological justice in indonesia and usa the environmental impact of geothermal utilization is not as damaging as fossil fuel mining, the management and monitoring of the ecological effects are one of the challenges that must be addressed. direct environmental impacts arise from land use, atmospheric emissions, water consumption, and solid waste. matter indirect ecological effects arise from related project activities such as power transmission corridors and construction projects. geothermal fluids contain compounds of various elements which are potentially hazardous and cannot be used without mitigation. solid waste is generated during drilling, which includes drilling mud and cuttings. other contaminants include packaging waste, wood, metals, rubber waste, filters, lubricants, and municipal sewage. power generation activities such as well operations, cooling towers, construction, and vehicles have disturbed wildlife. in addition, decreasing soil quality and water pollution will damage bio-vegetation and aquatic ecosystems. in contrast, many geothermal resources are located in protected forest areas, even in conservation areas where the development and exploitation of the resources can result in significant ecological effects.38 research on these negative impacts is mainly carried out in the usa openly so that the government can adopt policies and arrangements for mitigation. thus, the usa has a pattern of exploiting geothermal energy that is more concerned about the environment. meanwhile, in indonesia, the government still tends to campaign that geothermal is a completely environmentally friendly project. while the facts of environmental impact research state the opposite. it is important to start giving an overview of ecological damage and people's rejection of the use of geothermal energy. 37 koenraad f. beckers and others, ‘evaluating the feasibility of geothermal deep direct-use in the united states’, energy conversion and management, 243 (2021), 114335 https://doi.org/10.1016/j.enconman.2021.114335 38 m. soltani and others, ‘environmental, economic, and social impacts of geothermal energy systems’, renewable and sustainable energy reviews, 140 (2021), 110750 https://doi.org/10.1016/j.rser.2021.110750 https://doi.org/10.1016/j.enconman.2021.114335 https://doi.org/10.1016/j.rser.2021.110750 issn 2807-2812 journal of human rights, culture and legal system 175 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) a large amount of environmental damage has raised concerns during project implementation. communities in the utilization area commit a lot of theft to the point where the project termination claims are problematic. the utilization of geothermal energy, which can create net zero emission, has also become shaky. projects that are supposed to be global solutions have negative impacts locally and regionally. the threat of environmental damage due to the harmful effects of geothermal exploitation cannot be eliminated and must be addressed as a serious threat to ecological destruction. energy project development requires an in-depth assessment of the broader environmental, social, and cultural impacts on society. therefore, the government needs to make various efforts to standardize regulations to determine the effect, handling, monitoring, and sanctions that will be given.39 the regulation of energy use should broadly consider the impact on the environment and ecology. the triangle theory of energy law and policy is formulated to look at energy issues through the perspective of economics, politics, and the environment. hefron argued that this theory was designed to overcome and fight economic domination in energy utilization issues. this triangle is also known as the 'energy trilemma'—supposed to be a vehicle for understanding energy law and policy. energy law and policy sit in the middle, connected to every aspect. these three points are economics (finance), politics (energy security), and environment (climate change mitigation).40 in indonesia's utilization of geothermal energy, it is still focused on pursuing economic benefits and net zero emission targets. supposedly, if several new environmental policies occur, it must automatically consider how ecological policies can affect political and economic aspects. likewise, the government's narrative must also be comprehensive. not only the narrative of the potential and benefits of environmentally friendly geothermal energy but also the handling of negative impacts. the acceptance of geothermal utilization will be greatly influenced by public perception, participation and social acceptance. media framing, government spokesperson holds an important key to how geothermal works.41 for example, in the philippines, a third country that has significant geothermal potential, it is stated in research that trust through interaction between stakeholders can strengthen public support for geothermal projects; transparent communication can guarantee local people stable and safe operations; periodic 39 james t. weedon and others, ‘community adaptation to temperature explains abrupt soil bacterial community shift along a geothermal gradient on iceland’, soil biology and biochemistry, 177 (2023), 108914 https://doi.org/10.1016/j.soilbio.2022.108914 40 simon marsden, ‘the “triangle” of australian energy law and policy: omissions, connections and evaluating environmental effects’, journal of environmental law, 29.3 (2017), 475–503 https://doi.org/10.1093/jel/eqx018 41 theresa a.k. knoblauch, evelina trutnevyte, and michael stauffacher, ‘siting deep geothermal energy: acceptance of various risk and benefit scenarios in a swiss-german cross-national study’, energy policy, 128 (2019), 807–16 https://doi.org/10.1016/j.enpol.2019.01.019 https://doi.org/10.1016/j.soilbio.2022.108914 https://doi.org/10.1093/jel/eqx018 https://doi.org/10.1016/j.enpol.2019.01.019 176 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) information is adequate for seeing meaningful public engagement. campaignn determines acceptance.42 it is because geothermal utilization policies that are widely opened certainly do not only have positive results, and it is also essential to consider the potential negative consequences of policy actions so that public objections can be suppressed.43 hefron describes the location of energy law and policy in the middle of a triangle, and there are three triangles surrounding it, namely economics (finance), politics (energy security), and environment (climate change mitigation). these three elements each try to pull energy law and policy towards it so that one can become more dominant. therefore, effective and efficient energy laws and policies will balance these three elements to provide the best results for society.44 in this paper, the author is not only concerned with how humans can enjoy the benefits of using geothermal energy. however, it is broader than just giving pleasure to humans. the whole ecology has the right to benefit. in brian baxter's ecological justice, it is argued that the argument for ecological justice and the issue of ecological extinction should alert everyone to the possibility of a worldview in which such moral concerns make sense and the fact that these viewpoints at least attempt to be the most comprehensive moral doctrine possible, rather than limiting moral—consideration for only a subsection of organic life. the goals of ecological justice theory should partly contribute to efforts to prevent major extinctions. but it is clear to all that ideas can have a significant effect only when humans are ready to accept them. unfortunately, whether they were prepared, is something beyond the power of the idea writer to determine. still, ideas are always valuable, and in a book devoted to developing and defending ideas, that is probably the best point to end with. in contrast to environmental justice, environmental justice considers it unfair to transfer environmental risks to parties not involved in their production. environmental justice advocates may question the ecological implications of such activities but need not; their arguments remain strong even when grounded in political economy that allows some groups to externalize the risks of their practices. consequently, the issue of environmental justice can be solved without solving environmental problems. on the other hand, ecological justice must address both environmental fairness and the ecological quality of our practices. ecocentrics argue that environmental justice can be too anthropocentric. in their 42 marnel arnold ratio, jillian aira gabo-ratio, and yasuhiro fujimitsu, ‘exploring public engagement and social acceptability of geothermal energy in the philippines: a case study on the makiling-banahaw geothermal complex’, geothermics, 85 (2020), 101774 https://doi.org/10.1016/j.geothermics.2019.101774 43 rozanne c. spijkerboer and others, ‘out of steam? a social science and humanities research agenda for geothermal energy’, energy research & social science, 92 (2022), 102801 https://doi.org/10.1016/j.erss.2022.102801 44 raphael j heffron and kim talus, ‘the development of energy law in the 21st century: a paradigm shift?’, the journal of world energy law & business, 9.3 (2016), 189–202 https://doi.org/10.1093/jwelb/jww009 https://doi.org/10.1016/j.geothermics.2019.101774 https://doi.org/10.1016/j.erss.2022.102801 https://doi.org/10.1093/jwelb/jww009 issn 2807-2812 journal of human rights, culture and legal system 177 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) view, we need a form of justice that includes non-human elements. in the context of industrialization, the empirical practice of development and investment in the utilization of natural resources tends to pay no attention to the carrying capacity and capacity of environmental sustainability, which will further accelerate the occurrence of ecological disasters such as those currently threatening many regions.45 to support the use of geothermal, which provides benefits for the ecology, not only for economic interests and even political narratives, geothermal regulation should be given a regulatory characteristic—energy law. in particular, regulations in indonesia still do not guarantee ecological safety in the use of geothermal energy in protected and conservation forest areas. in lihua qiu's research (2022), states that geothermal utilization will always collide with the expansion of conservation areas and steps to maintain them.46 at least, geothermal regulation takes into account the principles on which the regulation is based. in this case, it can be proposed the adoption of the following principles: first, the principle of ecological justice and geothermal utilization regulations are based on moral values. it's not just human gain that comes first. but non-humans, such as animals, plants, and inanimate objects, must get their rights. the elements that make up the ecology get the same advantages. ensuring that the articles in the regulations do not emphasize purely economic values so that ecology becomes an object of exploitation.47 second, the principle of high-level environmental protection and preserving biodiversity, protected forest areas, and conservation forest areas are designated as life support areas and preservation of the diversity of plants, animals, and their ecosystems.48 however, using forest areas as working areas for geothermal utilization for tens of years can undoubtedly reduce the function of the area. forest areas cannot be protected like forest areas that are not used as geothermal utilization work areas due to the real negative impact on the environment. this principle can be used as a basis for setting exceptional monitoring standards for protected and conservation forest areas used as utilization areas. monitoring values and standards for area protection can then be regulated in more detail in collaboration with the ministry of forestry.49 45 donna okthalia setiabudhi, ahsan yunus, and andi rifky, ‘the role of land management paradigm towards certainty and justice’, bestuur, 11.1 (2023), 43–60 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.71710 46 eleanor shoreman-ouimet and helen kopnina, ‘reconciling ecological and social justice to promote biodiversity conservation’, biological conservation, 184 (2015), 320–26 https://doi.org/10.1016/j.biocon.2015.01.030 47 muhamad haris and others, ‘bestuur governing indonesia ’ s plan to halt bauxite ore exports : is indonesia ready to fight lawsuit at the wto ?’, bestuur, 11.1 (2023), 26–42 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.69178 48 a.tauda and gunawa, ‘cryptocurrency: highlighting the approach, regulations, and protection in indonesia and european union’, bestuur, 11.1 (2023), 1–25 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.67125 49 suwari akhmaddhian, haris budiman, and rahul bhandari, ‘the strengthening government policies on mineral and coal mining to achieve environmental sustainability in indonesia, africa https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.71710 https://doi.org/10.1016/j.biocon.2015.01.030 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.69178 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.67125 178 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) third, the principle of environmental damage is corrected at the source. in some cases, the handling of environmental damage is not resolved at the source. for example, in the case of a gas leak in sorik marapi, apart that the gas pipes passing through residential areas, the sanction given by the government was to stop operations and not mention how the security of the community and the surrounding environment is concerned. indonesia also has the concept of environmental services. business permit holders in the geothermal sector in conservation forest areas must carry out environmental services. this business service is a requirement for the issuance of a business license. unfortunately, environmental services are interpreted as efforts to utilize biological resources to gain direct or indirect benefits in the form of nature tourism services, erosion control services, water management, etc. meanwhile, the main point of the issue of negative impacts on conservation areas is not on how biodiversity is utilized. however, when ecological damage occurs, the source of the damage is handled. forth, the principle of meaningful public participation, community participation in sherry arnstein's participation ladder, states that the highest level of participation in society is citizen control, in which the community participates in controlling public policy from beginning to end.50 in meaningful participation, the public has the right to be heard (right to be heard); second, the right to have their opinion considered (right to be considered); and third, the right to receive explanations or answers to opinions given (right to be explained). rejection of geothermal projects in several locations is often linked to concerns about environmental damage and loss of cultural values attached to a location. therefore, society needs to be fulfilled the right to participate meaningfully. in utilizing geothermal energy, the community also determines what will be done to the ecology of the area where they live as a form of environmental and cultural protection.51 appropriate arrangements are obtained through the basics of using geothermal, which is pro-ecology. it can be improved in the form of: 1) granting geothermal utilization permits followed by standardization of handling and monitoring of environmental impacts based on forest area categories; 2) appointment of government agencies in the law to carry out environmental protection and dealing with environmental damage; 3) mention in laws and regulations that which conservation forest areas need to be monitored and handled strictly to ensure that geothermal utilization in the area does not cause damage to biodiversity; 4) the obligation to settle the land with community involvement—meaningful and germany’, bestuur, 11.1 (2023), 95–120 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.71279 50 chad walker and jamie baxter, ‘procedural justice in canadian wind energy development: a comparison of community-based and technocratic siting processes’, energy research & social science, 29 (2017), 160–69 https://doi.org/10.1016/j.erss.2017.05.016 51 widiatedja parikesit and muhammad q shah, ‘the rise of centralistic governance in spatial planning in indonesia and australia: a comparative study’, bestuur, 11.1 (2023), 121–43 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.70120 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.71279 https://doi.org/10.1016/j.erss.2017.05.016 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.70120 issn 2807-2812 journal of human rights, culture and legal system 179 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) participation since before the permit was issued; 5) enforcement of administrative sanctions followed by settlement of damage at its source. in the end, the development of geothermal energy as a source of electricity must be carried out. development demands are getting higher as many new projects are being opened, and it often creates environmental and community conflicts. geothermal development is required to be able to contribute to providing energy sources, protecting the environment, and preserving traditions. a high price needs to be paid to realize net zero emissions. the government must make policies and regulations that balance environmental, economic, and political policy interests. but still, in the development of energy law, it is necessary to protect the rights of ecology because it is most often eliminated in the interest of material gain. therefore, this paper has explained how the utilization of geothermal energy in indonesia and america is used as a comparison, which arrangement has previously focused on realizing ecological justice in the utilization of geothermal energy.52 4. conclusion geothermal utilization is clean green energy and is more environmentally friendly than coal and gas/petroleum mining. the geothermal potential is said to be able to replace fossil energy to deal with the climate crisis. while the utilization of geothermal is not always the case, geothermal also harms the environment. public rejection occurs in various areas where geothermal exploitation is carried out in conservation forest areas because the regulation of its utilization has not guaranteed environmental justice. the principle of geothermal energy in indonesia is no more pro-ecological than the regulation in the us. geothermal utilization regulations in indonesia tend to focus on economic aspects. meanwhile, based on an analysis of ecological justice theory and the triangle of energy law and policy, it was found that the principles of geothermal regulation must be prioritized for the environment, not the mere benefits of exploitation. the principles of geothermal regulation need to be reviewed, where the ecology must be given a safe space to maintain its sustainability. community rejection will decrease with evidence of pro-ecological arrangements and implementation. references a.tauda, and gunawa, ‘cryptocurrency: highlighting the approach, regulations, and protection in indonesia and european union’, bestuur, 11.1 (2023), 1–25 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.67125 akhmaddhian, suwari, haris budiman, and rahul bhandari, ‘the strengthening government policies on mineral and coal mining to achieve environmental 52 jessica l. hogan and others, ‘what makes local energy projects acceptable? probing the connection between ownership structures and community acceptance’, energy policy, 171 (2022), 113257 https://doi.org/10.1016/j.enpol.2022.113257 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.67125 https://doi.org/10.1016/j.enpol.2022.113257 180 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) sustainability in indonesia, africa and germany’, bestuur, 11.1 (2023), 95–120 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.71279 attard, guillaume, peter bayer, yvan rossier, philipp blum, and laurent eisenlohr, ‘a novel concept for managing thermal interference between geothermal systems in cities’, renewable energy, 145 (2020), 914–24 https://doi.org/10.1016/j.renene.2019.06.095 barasa kabeyi, moses jeremiah, and oludolapo akanni olanrewaju, ‘geothermal wellhead technology power plants in grid electricity generation: a review’, energy strategy reviews, 39 (2022), 100735 https://doi.org/10.1016/j.esr.2021.100735 beckers, koenraad f., amanda kolker, hannah pauling, joshua d mctigue, and devon kesseli, ‘evaluating the feasibility of geothermal deep direct-use in the united states’, energy conversion and management, 243 (2021), 114335 https://doi.org/10.1016/j.enconman.2021.114335 bolinger, mark, dev millstein, will gorman, patrick dobson, and seongeun jeong, ‘mind the gap: comparing the net value of geothermal, wind, solar, and solar+storage in the western united states’, renewable energy, 205 (2023), 999– 1009 https://doi.org/10.1016/j.renene.2023.02.023 cahyani, ambarsari dwi, nachrowi djalal nachrowi, djoni hartono, and diah widyawati, ‘between insufficiency and efficiency: unraveling households’ electricity usage characteristics of urban and rural indonesia’, energy for sustainable development, 69 (2022), 103–17 https://doi.org/10.1016/j.esd.2022.06.005 clark, richard, noah zucker, and johannes urpelainen, ‘the future of coal-fired power generation in southeast asia’, renewable and sustainable energy reviews, 121 (2020), 109650 https://doi.org/10.1016/j.rser.2019.109650 coates, peter s., brian g. prochazka, shawn t. o’neil, sarah c. webster, shawn espinosa, mark a. ricca, and others, ‘geothermal energy production adversely affects a sensitive indicator species within sagebrush ecosystems in western north america’, biological conservation, 280 (2023), 109889 https://doi.org/10.1016/j.biocon.2022.109889 fathoni, hilman s, abidah b setyowati, and james prest, ‘is community renewable energy always just? examining energy injustices and inequalities in rural indonesia’, energy research & social science, 71 (2021), 101825 https://doi.org/10.1016/j.erss.2020.101825 garcía-gil, alejandro, miguel mejías moreno, eduardo garrido schneider, miguel ángel marazuela, corinna abesser, jesús mateo lázaro, and others, ‘nested shallow geothermal systems’, sustainability, 12.12 (2020), 5152 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.71279 https://doi.org/10.1016/j.renene.2019.06.095 https://doi.org/10.1016/j.esr.2021.100735 https://doi.org/10.1016/j.enconman.2021.114335 https://doi.org/10.1016/j.renene.2023.02.023 https://doi.org/10.1016/j.esd.2022.06.005 https://doi.org/10.1016/j.rser.2019.109650 https://doi.org/10.1016/j.biocon.2022.109889 https://doi.org/10.1016/j.erss.2020.101825 issn 2807-2812 journal of human rights, culture and legal system 181 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) https://doi.org/10.3390/su12125152 gkousis, spiros, kris welkenhuysen, and tine compernolle, ‘deep geothermal energy extraction, a review on environmental hotspots with focus on geotechnical site conditions’, renewable and sustainable energy reviews, 162 (2022), 112430 https://doi.org/10.1016/j.rser.2022.112430 greiner, clemens, britta klagge, and evelyne atieno owino, ‘the political ecology of geothermal development: green sacrifice zones or energy landscapes of value?’, energy research & social science, 99 (2023), 103063 https://doi.org/10.1016/j.erss.2023.103063 handayani, kamia, pinto anugrah, fadjar goembira, indra overland, beni suryadi, and akbar swandaru, ‘moving beyond the ndcs: asean pathways to a net-zero emissions power sector in 2050’, applied energy, 311 (2022), 118580 https://doi.org/10.1016/j.apenergy.2022.118580 haris, muhamad, yordan gunawan, m hanaan alfarizi, and manuel campos, ‘bestuur governing indonesia ’ s plan to halt bauxite ore exports : is indonesia ready to fight lawsuit at the wto ?’, bestuur, 11.1 (2023), 26–42 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.69178 heffron, raphael j, and kim talus, ‘the development of energy law in the 21st century: a paradigm shift?’, the journal of world energy law & business, 9.3 (2016), 189–202 https://doi.org/10.1093/jwelb/jww009 hogan, jessica l., charles r. warren, michael simpson, and darren mccauley, ‘what makes local energy projects acceptable? probing the connection between ownership structures and community acceptance’, energy policy, 171 (2022), 113257 https://doi.org/10.1016/j.enpol.2022.113257 ibrohim, abdillah, rizqi mahfudz prasetyo, and istifari husna rekinagara, ‘understanding social acceptance of geothermal energy: a case study from mt. lawu, indonesia’, iop conference series: earth and environmental science, 254 (2019), 012009 https://doi.org/10.1088/1755-1315/254/1/012009 intaniasari, kirana, ‘gross split contract framework regulation on the caring for people’, bestuur, 8.2 (2020), 96 https://doi.org/10.20961/bestuur.v8i2.43141 knoblauch, theresa a.k., evelina trutnevyte, and michael stauffacher, ‘siting deep geothermal energy: acceptance of various risk and benefit scenarios in a swiss-german cross-national study’, energy policy, 128 (2019), 807–16 https://doi.org/10.1016/j.enpol.2019.01.019 kopnina, helen, and haydn washington, ‘book review’, biological conservation, 254 (2021), 108951 https://doi.org/10.1016/j.biocon.2021.108951 luketina, katherine mary, ‘environmental impacts of geothermal energy use’, in https://doi.org/10.3390/su12125152 https://doi.org/10.1016/j.rser.2022.112430 https://doi.org/10.1016/j.erss.2023.103063 https://doi.org/10.1016/j.apenergy.2022.118580 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.69178 https://doi.org/10.1093/jwelb/jww009 https://doi.org/10.1016/j.enpol.2022.113257 https://doi.org/10.1088/1755-1315/254/1/012009 https://doi.org/10.20961/bestuur.v8i2.43141 https://doi.org/10.1016/j.enpol.2019.01.019 https://doi.org/10.1016/j.biocon.2021.108951 182 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) comprehensive renewable energy (elsevier, 2022), pp. 72–91 https://doi.org/10.1016/b978-0-12-819727-1.00010-8 lund, john w., gerald w. huttrer, and aniko n. toth, ‘characteristics and trends in geothermal development and use, 1995 to 2020’, geothermics, 105 (2022), 102522 https://doi.org/10.1016/j.geothermics.2022.102522 macarthur, julie, and steve matthewman, ‘populist resistance and alternative transitions: indigenous ownership of energy infrastructure in aotearoa new zealand’, energy research & social science, 43 (2018), 16–24 https://doi.org/10.1016/j.erss.2018.05.009 manzella, adele, agnes allansdottir, and anna pellizzone, eds., geothermal energy and society (cham: springer international publishing, 2019), lxvii https://doi.org/10.1007/978-3-319-78286-7 marazuela, miguel ángel, alejandro garcía-gil, eduardo garrido, juan c. santamarta, noelia cruz-pérez, and thilo hofmann, ‘assessment of geothermal impacts on urban aquifers using a polar coordinates-based approach’, journal of hydrology, 612 (2022), 128209 https://doi.org/10.1016/j.jhydrol.2022.128209 marsden, simon, ‘the “triangle” of australian energy law and policy: omissions, connections and evaluating environmental effects’, journal of environmental law, 29.3 (2017), 475–503 https://doi.org/10.1093/jel/eqx018 maulidia, martha, paul dargusch, peta ashworth, and fitrian ardiansyah, ‘rethinking renewable energy targets and electricity sector reform in indonesia: a private sector perspective’, renewable and sustainable energy reviews, 101.february 2018 (2019), 231–47 https://doi.org/10.1016/j.rser.2018.11.005 morales-simfors, nury, and jochen bundschuh, ‘arsenic-rich geothermal fluids as environmentally hazardous materials – a global assessment’, science of the total environment, 817 (2022), 152669 https://doi.org/10.1016/j.scitotenv.2021.152669 noss, reed f., ‘the spectrum of wildness and rewilding: justice for all’, in conservation (cham: springer international publishing, 2020), pp. 167–82 https://doi.org/10.1007/978-3-030-13905-6_12 pambudi, nugroho agung, ‘geothermal power generation in indonesia, a country within the ring of fire: current status, future development and policy’, renewable and sustainable energy reviews, 81 (2018), 2893–2901 https://doi.org/10.1016/j.rser.2017.06.096 parikesit, widiatedja, and muhammad q shah, ‘the rise of centralistic governance in spatial planning in indonesia and australia: a comparative https://doi.org/10.1016/b978-0-12-819727-1.00010-8 https://doi.org/10.1016/j.geothermics.2022.102522 https://doi.org/10.1016/j.erss.2018.05.009 https://doi.org/10.1007/978-3-319-78286-7 https://doi.org/10.1016/j.jhydrol.2022.128209 https://doi.org/10.1093/jel/eqx018 https://doi.org/10.1016/j.rser.2018.11.005 https://doi.org/10.1016/j.scitotenv.2021.152669 https://doi.org/10.1007/978-3-030-13905-6_12 https://doi.org/10.1016/j.rser.2017.06.096 issn 2807-2812 journal of human rights, culture and legal system 183 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) study’, bestuur, 11.1 (2023), 12 1–43 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.70120 paulillo, andrea, aleksandra kim, christopher mutel, alberto striolo, christian bauer, and paola lettieri, ‘simplified models for predicting the environmental impacts of geothermal power generation’, cleaner environmental systems, 6 (2022), 100086 https://doi.org/10.1016/j.cesys.2022.100086 pope, kamila, michelle bonatti, and stefan sieber, ‘the what, who and how of socio-ecological justice: tailoring a new justice model for earth system law’, earth system governance, 10 (2021), 100124 https://doi.org/10.1016/j. aesg.2021.100124 prasad, ravita d, and atul raturi, ‘techno-economic analysis of a proposed 10 mw geothermal power plant in fiji’, sustainable energy technologies and assessments, 53 (2022), 102374 https://doi.org/10.1016/j.seta.2022.102374 rahman, abidur, omar farrok, and md mejbaul haque, ‘environmental impact of renewable energy source based electrical power plants: solar, wind, hydroelectric, biomass, geothermal, tidal, ocean, and osmotic’, renewable and sustainable energy reviews, 161 (2022), 112279 https://doi.org/10.1016/j.rser.2022.112279 ratio, marnel arnold, jillian aira gabo-ratio, and yasuhiro fujimitsu, ‘exploring public engagement and social acceptability of geothermal energy in the philippines: a case study on the makiling-banahaw geothermal complex’, geothermics, 85 (2020), 101774 https://doi.org/10.1016/j.geothermics.2019.101774 sekaringtias, annisa, brunilde verrier, and jennifer cronin, ‘untangling the sociopolitical knots: a systems view on indonesia’s inclusive energy transitions’, energy research & social science, 95 (2023), 102911 https://doi.org/10.1016/j.erss.2022.102911 setiabudhi, donna okthalia, ahsan yunus, and andi rifky, ‘the role of land management paradigm towards certainty and justice’, bestuur, 11.1 (2023), 43–60 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.71710 setiawan, andri d., marmelia p. dewi, bramka arga jafino, and akhmad hidayatno, ‘evaluating feed-in tariff policies on enhancing geothermal development in indonesia’, energy policy, 168.july (2022), 113164 https://doi.org/10.1016/j.enpol.2022.113164 shoreman-ouimet, eleanor, and helen kopnina, ‘reconciling ecological and social justice to promote biodiversity conservation’, biological conservation, 184 (2015), 320–26 https://doi.org/10.1016/j.biocon.2015.01.030 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.70120 https://doi.org/10.1016/j.cesys.2022.100086 https://doi.org/10.1016/j.%20aesg.2021.100124 https://doi.org/10.1016/j.%20aesg.2021.100124 https://doi.org/10.1016/j.seta.2022.102374 https://doi.org/10.1016/j.rser.2022.112279 https://doi.org/10.1016/j.geothermics.2019.101774 https://doi.org/10.1016/j.erss.2022.102911 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.71710 https://doi.org/10.1016/j.enpol.2022.113164 https://doi.org/10.1016/j.biocon.2015.01.030 184 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) sindhwani, rahul, punj lata singh, abhishek behl, mohd shayan afridi, debaroti sammanit, and aviral kumar tiwari, ‘modeling the critical success factors of implementing net zero emission (nze) and promoting resilience and social value creation’, technological forecasting and social change, 181 (2022), 121759 https://doi.org/10.1016/j.techfore.2022.121759 soltani, m., farshad moradi kashkooli, mohammad souri, behnam rafiei, mohammad jabarifar, kobra gharali, and others, ‘environmental, economic, and social impacts of geothermal energy systems’, renewable and sustainable energy reviews, 140 (2021), 110750 https://doi.org/10.1016/j.rser.2021.110750 sovacool, benjamin k., and michael h. dworkin, global energy justice (cambridge university press, 2014) https://doi.org/10.1017/cbo9781107323605 spada, matteo, emilie sutra, and peter burgherr, ‘comparative accident risk assessment with focus on deep geothermal energy systems in the organization for economic co-operation and development (oecd) countries’, geothermics, 95 (2021), 102142 https://doi.org/10.1016/j.geothermics.2021.102142 spijkerboer, rozanne c., ethemcan turhan, andreas roos, marco billi, sofia vargas-payera, jose opazo, and others, ‘out of steam? a social science and humanities research agenda for geothermal energy’, energy research & social science, 92 (2022), 102801 https://doi.org/10.1016/j.erss.2022.102801 thorsteinsson, hildigunnur h., and jefferson w. tester, ‘barriers and enablers to geothermal district heating system development in the united states’, energy policy, 38.2 (2010), 803–13 https://doi.org/10.1016/j.enpol.2009.10.025 vaccari, marco, gabriele pannocchia, leonardo tognotti, and marco paci, ‘rigorous simulation of geothermal power plants to evaluate environmental performance of alternative configurations’, renewable energy, 207 (2023), 471–83 https://doi.org/10.1016/j.renene.2023.03.038 walker, chad, and jamie baxter, ‘procedural justice in canadian wind energy development: a comparison of community-based and technocratic siting processes’, energy research & social science, 29 (2017), 160–69 https://doi.org/10.1016/j.erss.2017.05.016 weedon, james t., erland bååth, ruud rijkers, stephanie reischke, bjarni d. sigurdsson, edda oddsdottir, and others, ‘community adaptation to temperature explains abrupt soil bacterial community shift along a geothermal gradient on iceland’, soil biology and biochemistry, 177 (2023), 108914 https://doi.org/10.1016/j.soilbio.2022.108914 xu, yu, zijun li, yin chen, mintao jia, mengsheng zhang, and rongrong li, ‘synergetic mining of geothermal energy in deep mines: an innovative https://doi.org/10.1016/j.techfore.2022.121759 https://doi.org/10.1016/j.rser.2021.110750 https://doi.org/10.1017/cbo9781107323605 https://doi.org/10.1016/j.geothermics.2021.102142 https://doi.org/10.1016/j.erss.2022.102801 https://doi.org/10.1016/j.enpol.2009.10.025 https://doi.org/10.1016/j.renene.2023.03.038 https://doi.org/10.1016/j.erss.2017.05.016 https://doi.org/10.1016/j.soilbio.2022.108914 issn 2807-2812 journal of human rights, culture and legal system 185 vol. 3, no. 2, july 2023, pp. 160-184 willy naresta hanum et.al (the geothermal development policy) method for heat hazard control’, applied thermal engineering, 210 (2022), 118398 https://doi.org/10.1016/j.applthermaleng.2022.118398 zhang, guozhu, ziming cao, suguang xiao, yimu guo, and chenglin li, ‘a promising technology of cold energy storage using phase change materials to cool tunnels with geothermal hazards’, renewable and sustainable energy reviews, 163 (2022), 112509 https://doi.org/10.1016/j.rser.2022.112509 https://doi.org/10.1016/j.applthermaleng.2022.118398 https://doi.org/10.1016/j.rser.2022.112509 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 210 https://doi.org/10.53955/jhcls.v3i2.69 journalhumanrightslegalsystem@gmail.com artificial intelligence and intellectual property protection in indonesia and japan rian saputraa*, tiara tiolincea, iswantorob, sanju kumar sighc afaculty of law, universitas slamet riyadi, surakarta, indonesia. bfaculty of shariah and law, uin sunan kalijaga, yogyakarta, indonesia. ctribhuvan university kathmandu, kirtipur, nepal. *corresponding author: riansaputra@unisri.ac.id 1. introduction the law governing intellectual property covers a broad and varied range of topics, including but not limited to books, literary works, computer programmes, and even the genetic modification of animals and plants.1 it is unclear where the concept of "intellectual property rights" came from, according to professor mahdi. according to the world trade organization (wto), intellectual property rights 1anastasia baan, markus deli girik allo, and andi anto patak, ‘the cultural attitudes of a funeral ritual discourse in the indigenous torajan, indonesia’, heliyon, 8.2 (2022), e08925 https://doi.org/10.1016/j.heliyon.2022.e08925 a r t i c l e i n f o a b s t r a c t article history received: january 10, 2023. revised: march 13, 2023. accepted: may 8, 2023. this research aims to show the impact of artificial intelligence (ai) on fillings patent protection through patent rights. this research is normative legal research using a comparative legal approach in the japanese ai protection system. the results indicate that the regulation of ai protection in intellectual property rights in indonesia has not been accommodated in the indonesian national legal system. however, the closest method for its protection can be performed through copyright, but it still has shortcomings, where ai in copyright protection is only considered the same as that of ordinary computer software in general, which should have significant differences. ai protection space in japan can be accommodated through patents, provided that the ai in question contains elements or categories that can be protected through japanese patents. ai protection as a patent right, in fact, has a very complicated and varied impact in indonesia and japan. this is an open-access article under the cc–by 4.0 license. keywords artificial intelligence; indonesia; japan; patents; mailto:journalhumanrightslegalsystem@gmail.com mailto:riansaputra@unisri.ac.id https://doi.org/10.1016/j.heliyon.2022.e08925 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 211 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) are an exclusive right that is bestowed upon a person for the labour of his or her mind for a specific period of time.2 human intelligence is the source of intellectual property rights, which are property rights to works owned by the people who created them. this means that not everyone is capable of producing the same results.3 as a consequence, the accomplishments of the human mind inevitably culminate in the establishment of exclusive rights. there are 4 (four) principles that govern intellectual property rights. they were developed in order to strike a balance between the interests of individuals and the interests of society. the principle of natural fairness, the argument from economic necessity, the argument from cultural necessity, and the consensus reached by society are these principles.4 the ownership of intellectual property in indonesia is governed by a number of different laws and regulations. one of the provisions that is unique to each type of intellectual property is that of protected by that type of intellectual property.5 however, there are no regulations that particularly control ai as an intellectual property object. this means that ai is not subject to any intellectual property laws. in light of this, the ministry of communication and information of the republic of indonesia asserts that there is a requirement for rules concerning artificial intelligence (ai). for this reason, ai needs to be categorised as an intellectual property item based on its characteristics in order to further establish which intellectual property rights are acceptable. the term ai has been used interchangeably with "human intelligence" for the better part of a decade now. the term refers to a set of technologies that include knowledge-based systems, natural language processing (nlp), and machine learning (ml).6 ai is described as a system that analyses external data by learning and adapting from large amounts of data and is utilized to accomplish a particular 2nobuaki yamashita, ‘economic crisis and innovation capacity of japan: evidence from crosscountry patent citations’, technovation, 101.november 2020 (2021), 102208 https://doi.org/10.1016/j.technovation.2020.102208 3a.s. albahri and others, ‘a systematic review of trustworthy and explainable artificial intelligence in healthcare: assessment of quality, bias risk, and data fusion’, information fusion, 96.march (2023), 156–91 https://doi.org/10.1016/j.inffus.2023.03.008 4christian rammer, gastón p. fernández, and dirk czarnitzki, ‘artificial intelligence and industrial innovation: evidence from german firm-level data’, research policy, 51.7 (2022) https://doi.org/10.1016/j.respol.2022.104555 5sandra maria correia loureiro, joão guerreiro, and iis tussyadiah, ‘artificial intelligence in business: state of the art and future research agenda’, journal of business research, 129.november 2020 (2021), 911–26 https://doi.org/10.1016/j.jbusres.2020.11.001 6colin r. davies, ‘an evolutionary step in intellectual property rights artificial intelligence and intellectual property’, computer law and security review, 27.6 (2011), 601–19 https://doi.org/10.1016/j.clsr.2011.09.006 https://doi.org/10.1016/j.technovation.2020.102208 https://doi.org/10.1016/j.inffus.2023.03.008 https://doi.org/10.1016/j.respol.2022.104555 https://doi.org/10.1016/j.jbusres.2020.11.001 https://doi.org/10.1016/j.clsr.2011.09.006 212 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) objective. ai, as defined by marvin minsky, is the study of teaching computers to perform tasks that normally require human intelligence.7 ai, in contrast to human labour, does not require incentives and does not rely on the provision of rewards for employees to work. instead, ai just requires data and processes to function well.8 it is believed that the development of technologies such as ai will be able to assist businesses in the future in reducing the costs incurred and/or increasing the value or assets obtained by developing and converging technologies such as the integration of ai, semantic studies, robotics, and mechatronics development. it is believed that these technologies will be able to help businesses in the future.9 darmawan indicated that the adoption of ai in indonesia has reached 24.6% and that it is anticipated to continue to rise. as a result, indonesia is now one of the nations in asean with the highest ranking for the adoption of ai, followed by thailand in second place. it does not only demonstrate that ai is currently being utilized to a significant degree in indonesia compared to the other asean countries, but it may also serve as a point of reference for the anticipated growth of ai in indonesia in the upcoming years. since the deployment of such technology can replace human’s role, the effective development of ai needs to take into consideration the effects of its implementation on society and policymakers. hence, the overarching law, just like technology, must likewise be able to keep up with the innovations that are occurring around it. rahardjo contends that the law is created for humans and not the other way around, that the law revolves around humans, and that it is only natural for the law to be created to fulfill the fundamental rights of society. legal advancements are required, particularly in the area of putting artificial intelligence technology into practice, given the superior achievements of the indonesian state, in order to ensure that the fundamental rights of the community can be further fulfilled. there are a number of policies pertaining to intellectual property rights that are currently in effect in indonesia. these regulations cover topics such as copyright, patents, trade secrets, industrial designs, and a number of other restrictions. on the other hand, the rules and regulations now in place do not have any safeguards that protect ai in particular.10 according to mckinsey & company, indonesia needs a proactive strategy in the implementation of ai technology that involves all stakeholders in order to compete in the global and asean markets. this is because 7tarso mesquita machado and eduardo winter, ‘artificial intelligence and patents in brazil: overview on patentability and comparative study on patent filings’, world patent information, 72.february (2023), 102177 https://doi.org/10.1016/j.wpi.2023.102177 8yamashita, ‘economic crisis and innovation capacity of japan: evidence from cross-country patent citations’. https://doi.org/10.1016/j.technovation.2020.102208 9onur sari and sener celik, ‘legal evaluation of the attacks caused by artificial intelligencebased lethal weapon systems within the context of rome statute’, computer law and security review, 42 (2021), 105564 https://doi.org/10.1016/j.clsr.2021.105564 10rammer, fernández, and czarnitzki. https://doi.org/10.1016/j.wpi.2023.102177 https://doi.org/10.1016/j.technovation.2020.102208 https://doi.org/10.1016/j.clsr.2021.105564 issn 2807-2812 journal of human rights, culture and legal system 213 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) regulations related to the intellectual property rights of ai will become an important issue, especially given the various challenges and problems that will arise from the implementation of ai. this research will be focused on ai as a form of creation that takes the form of computer programs by copyright when it is categorised into the laws and regulations related to intellectual property rights in indonesia. the laws and regulations are based on the identification of ai. to get a general idea of how well ai is protected inside the national intellectual property protection system, it is necessary to pose the question on how ai is protected under the patent regime in indonesia that finally becomes an important issue to ask. in indonesia, patent rights in the technology protection space are only granted to technological works or innovations that, after processing, produce a product or consist only of a method. when exploited, it will also provide economic benefits. this is what the law protects. this legal protection is not automatic, there needs to be an application first. as part of science and technology, information and communication technology (ict) includes all technologies relating to the gathering, collection (acquisition), processing, storage, dissemination and display of information. this concept includes hardware, software, content, as well as computer and telecommunications infrastructure.11 information and communication technology (ict) inventions currently receiving patent law protection in indonesia are in the form of a related invention program, which is a computer program related to hardware (hardware) or only information technology devices in the form of hardware (hardware), whereas the copyright act protects software in indonesia. therefore, legislative harmonization is required for the patent protection of relevant computer programs that are not covered by copyright.12 this also applies to ai, where japan safeguards it through the use of patents, as is the case with japan's protection of computer software programs under the patent regime. the legal battle that samsung and apple are currently engaged in is a fascinating example of a case study. one good example can be found in the conflict that has been going on between pt subur semesta and tjia tek ijoe in indonesia. patents governed by law no. 13 of 2016 concerning patents (henceforth referred to as the patent law) mandate that patent protection include both a. patent and b. simple patent. then, a patent, as described in article 2 letter a, is awarded for a novel invention that comprises an innovative step and is applicable to industry. a simple patent, as defined by article 2 letter b, is awarded for each new invention or development of an existing product or technique and is applicable in industry. 11enric castelló, ‘storytelling in applications for the eu quality schemes for agricultural products and foodstuffs: place, origin and tradition’, spanish journal of agricultural research, 18.2 (2020), e0105 https://doi.org/10.5424/sjar/2020182-16192 12yuliana diah warsiki susi irianti diah warsiki susi irianti, ‘perjanjian benefit sharing sebagai upaya perlindungan dan pemanfaatan varietas tanaman’, rechtidee, 12.1 (2017), 1 https://doi.org/10.21107/ri.v12i1.2855 https://doi.org/10.5424/sjar/2020182-16192 https://doi.org/10.21107/ri.v12i1.2855 214 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) the following are not considered to be patentable inventions according to the regulations of the simple patent, works of art and plans. the fact that the rules of the patent law do not apply to the regulation of software protection in indonesia is made clear in the article that came before this one. the copyright law allows for software protection, as was previously mentioned; however, it is essential to emphasize that the copyright law does not apply to matching computer programs that are implemented in the form of software. in addition, it is unclear if the protection space for artificial intelligence is simply included in the classification of software despite the enormous difference.13 the following question is whether or not the protection of ai in indonesia is attached to copyright and whether or not it provides security guarantees for the users of ai. for this reason, the authors faced a conundrum when writing this article: what is the best patent system that can provide legal protection for computer program creators, particularly ai creators, in such a way that it not only provides protection for creators but also provides protection for users or consumers. this is something that the copyright regime has not taken into consideration. 2. research method this research employs normative juridical research, which is the process of identifying the applicable rule of law, legal principles, and legal doctrines to address the legal challenges at hand. regarding the standard legal research approach, the strategy for collecting legal materials is document analysis or literature review.14 the authors used both the statutory method and the comparative legal approach.15 vin particular, by investigating the sections of the patent law and the copyright law relating to the protection of computer programme creators, specifically in the form of application software and artificial intelligence (ai) that are not protected by copyright, this can be accomplished, which are then compared with the provisions pertaining to the same subject, which in this case, the author compared with the patent protection arrangement between japan.16 3. results and discussion artificial intelligence and intellectual property protection in indonesia article 40 of law no. 28 of 2014 concerning copyright protects regulations on ict inventions in indonesia, including computer programs. (1). in addition to works of science, art, and literature, protected works consist of computer 13margaret a. goralski and tay keong tan, ‘artificial intelligence and sustainable development’, international journal of management education, 18.1 (2020) https://doi.org/10.1016/j.ijme.2019.100330 14 rika kurniaty, ‘the features and future challenges of indonesian antimonopoly policy: lesson learned from japanese experience’, procedia environmental sciences, 17 (2013), 999–1006 https://doi.org/10.1016/j.proenv.2013.02.119 15 agus raharjo and others, ‘the legal policy of criminal justice bureaucracy cybercrime’, bestuur, 10.2 (2022), 105–22 https://doi.org/https://doi.org/10.20961/bestuur.v10i2.64498 16 paweł marcin nowotko, ‘ai in judicial application of law and the right to a court’, procedia computer science, 192 (2021), 2220–28 https://doi.org/10.1016/j.procs.2021.08.235 https://doi.org/10.1016/j.ijme.2019.100330 https://doi.org/10.1016/j.proenv.2013.02.119 https://doi.org/https:/doi.org/10.20961/bestuur.v10i2.64498 https://doi.org/10.1016/j.procs.2021.08.235 issn 2807-2812 journal of human rights, culture and legal system 215 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) programs. article 40, paragraph 1 of the copyright law no. 28 of 2014 states that protected inventions include works of science, art, and literature. this essay makes it quite evident that the technological sector is not a copyright-protectable work. article 40, paragraph 1, of law no. 28 of 2014 concerning copyright lists computer programs as one of the compositions that can be protected. a computer program is a sort of technology in the field of information and communication technology. (ict). this demonstrates that there is no legal certainty since the language of the article is ambiguous.17 an innovation in the field of information and communication technology (ict) is a computer program, which is a sort of software. this indicates that a patent method can still protect software if the software associated with the computer program can address technical and technology-related problems and if the country of origin offers patent protection. existing disagreements exist in indonesia over software protection in the form of computer programs. information from the indonesian directorate general of intellectual property (djki) indicates that software can still be protected with a patent system provided. it can address technology-related technical difficulties and has patent certificate protection from its country of origin.18 article 4 of law no. 13 of 2016 states that invention does not include aesthetic creations, schemes, rules, and methods for carrying out activities that involve mentality, games, and business, rules and methods that only contain computer programs, presentation of information and findings (discovery) in the form of a new use for an existing and/or known product and/or a new form of an existing compound that does not result in a significant increase in efficacy, and what is meant by "rules and methods that only contain computer programs" in the explanation of article 4 letter d is computer programs that only contain programs without having characters, technical effects, and problem-solving. however, if the computer program has characters (instructions) that have techniques and functions to produce tangible and intangible problem-solving, then the invention is patentable. 1) algorithms, which are effective methods stated as a small set of welldefined instructions for calculating a function, are examples of patentable innovations.19 17 prijo sidipratomo and others, ‘intra-arterial chemotherapy for retinoblastoma: our first experience in indonesia’, radiology case reports, 17.12 (2022), 4713–16 https://doi.org/10.1016/j.radcr.2022.09.004 18 alia bihrajihant raya and others, ‘challenges, open innovation, and engagement theory at craft smes: evidence from indonesian batik’, journal of open innovation: technology, market, and complexity, 7.2 (2021), 121 https://doi.org/10.3390/joitmc7020121 19 yusi anggriani and others, ‘the impact of pharmaceutical policies on medicine procurement pricing in indonesia under the implementation of indonesia’s social health insurance system’, value in health regional issues, 21 (2020), 1–8 https://doi.org/10.1016/j.vhri.2019.05.005 https://doi.org/10.1016/j.radcr.2022.09.004 https://doi.org/10.3390/joitmc7020121 https://doi.org/10.1016/j.vhri.2019.05.005 216 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) these instructions describe a computation that, when run, is processed via a finite number of well-defined sequences of conditions, producing an "output" and terminating in a final state. some algorithms, known as randomization algorithms, employ random input; 2) encryption of information utilizing encoding and decoding to randomize it so that it cannot be read by unauthorized parties. according to article 4 of law no. 13 of 2016 respecting patents, "rules and methods that do not only contain computer programs" may be utilized as patent subjects if an interpretation is performed. it can be assumed that the given computer program contains characters (instructions) that have technological effects and functions to generate physical and intangible issue solutions. in this scenario, the innovation is one that can be patented.20 infringement of a patent may have both civil and criminal features.21 regarding patent infringement from a civil perspective, a claim for damages may be brought. nonetheless, law no. 13 of 2016 pertaining to patents specifies that those who feel aggrieved by this infringement may seek the commercial court to take the following actions: first, prohibiting the continuance of patent infringements and violations of patent-related rights, including the entrance of goods suspected of breaching patents and rights relating to patents into trade channels, including importation; second, keeping evidence related to patent infringement and rights related to said patent in order to prevent evidence from being destroyed; and third, requesting the aggrieved party to provide evidence stating that the aggrieved party is indeed entitled to a patent and rights related to a patent and that the applicant's rights are indeed being violated.22 the implementation of criminal punishment for patent infringements with a criminal component is governed by law number 13 of 2016. in the case of product patents, creating, using, selling, importing, renting, delivering, and/or making available for sale, renting, or submitting patented items is banned for anybody who intentionally and without authorization commits an infringement. using a patented production technique to manufacture products or other acts (manufacturing, using, selling, importing, leasing, delivering, and/or making available for sale, renting, or delivering the patented product) is punishable by up to three years in jail, four years in prison and/or a maximum punishment of idr 1 billion (one billion rupiah). infringement of a simple patent is punishable by 20 z kaló, a inotai, and ke wijaya, ‘value-based decisions for off-patent pharmaceuticals in developing countries – a pilot study using multi-criteria decision analysis for tenders in indonesia’, value in health, 21 (2018), s45 https://doi.org/10.1016/j.jval.2018.07.342 21 rui qing wu and others, ‘adaptive wide-lens distortion correction based on piecewise polynomial optimization’, procedia computer science, 154 (2018), 573–80 https://doi.org/10.1016/j.procs.2019.06.091 22 radityo prakoso and others, ‘initial experience in transcatheter closure of patent ductus arteriosus without fluoroscopy in indonesia’, journal of the american college of cardiology, 75.11 (2020), 607 https://doi.org/10.1016/s0735-1097(20)31234-1 https://doi.org/10.1016/j.jval.2018.07.342 https://doi.org/10.1016/j.procs.2019.06.091 https://doi.org/10.1016/s0735-1097(20)31234-1 issn 2807-2812 journal of human rights, culture and legal system 217 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) imprisonment for a maximum of two years and/or a fine of up to idr 500,000,000.00 (five hundred million rupiahs). the causes health issues and/or a maximum fine of idr 2,000,000,000.00 may be imposed. it results in human death, the penalty is a maximum of ten years in jail and/or a fine of up to three billion rupiah (three billion five hundred million rupiahs).23 the indonesia's intellectual property laws pertaining to copyright do not include a specific place for ai protection. the copyright protection of computer programs is the most similar concept to that of ai protection. this is because, according to the classification of the type of creation in the e-copyright application, computer programs are included in other types of works. these other types of works are required to attach a manual that explains how to use the computer program, along with its source code, in the e-rights application. one single pdf file contains a compilation of all of them. according to the copyright, designs, and patents act of 1988, computer programs are considered to be literary works.24 the copyright, designs and patents act of 1988 does not provide a definition of originality for the purposes of the copyright protection of computer programs. this is one of the requirements that must be satisfied before a piece of work may be granted copyright protection. in the case of "sudwestdeutsche inkasso kg v. bappert and burker computer gmbh" in germany, it was explained that in order for a computer program to be protected by copyright, the computer program must be the result of individual creativity that exceeds the average ability seen from the development of the computer program. additionally, the computer program must be the result of a dispute between two parties. borkin recognized three fundamental steps that are necessary for the copyright protection of software. these stages consist of the protection of programming algorithms, the protection of computer programs through a patent or copyright, and the protection of program object code.25 then, in general, computer programs can be separated into two groups: the first is known as the system programs, and the second is known as the applied programs or application programs. the copyright protects both system programs and applied programs, sometimes known as application programs. computer programs, when broken down into their component elements, include both software and hardware. the contents that are contained in the software are 23 e. olivares and others, ‘applications of information channels to physics-informed neural networks for wifi signal propagation simulation at the edge of the industrial internet of things’, neurocomputing, 454 (2021), 405–16 https://doi.org/10.1016/j.neucom.2021.04.021 24 xue gao and yi zhang, ‘what is behind the globalization of technology? exploring the interplay of multi-level drivers of international patent extension in the solar photovoltaic industry’, renewable and sustainable energy reviews, 163.april 2021 (2022), 112510 https://doi.org/10.1016/j.rser.2022.112510 25 wei li and others, ‘plant pan-genomics: recent advances, new challenges, and roads ahead’, journal of genetics and genomics, 49.9 (2022), 833–46 https://doi.org/10.1016/j.jgg.2022.06.004 https://doi.org/10.1016/j.neucom.2021.04.021 https://doi.org/10.1016/j.rser.2022.112510 https://doi.org/10.1016/j.jgg.2022.06.004 218 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) categorized by the wipo as supporting materials, guidance for using the program, strings of commands, and the look and feel of the program.26 as a result of this split, it is possible to recognize that a computer program contains a number of different programs and devices. for this reason, it is essential to have a deeper understanding on the components of a computer program that are subject to copyright protection. it was contended in the case known as "cantor fitzgerald international v. tradition (uk) ltd." that even the tiniest component of a computer program needs to be included as an essential component for the computer program to function properly. this opinion was later disproved by pumfrey j., who argued that the purpose of copyright is to safeguard the talent and labour of the creator in order to ensure that the creator will be afforded protection for the substance that is indispensable to the inventor. however, in a computer program, even the tiniest component could not always be an indispensable component for the purpose of being able to offer instructions.27 the reproduction of material in any form, including its storage in any medium, is what is meant by the term "duplication," as defined by a computer program that has been given the status of a literary work. in this context, the process of duplicating data on a computer involves loading a program into the volatile memory (ram) of the machine. the expression of a computer program's system or method, as opposed to the program's function, is protected by copyright in the united states on the basis of multiple judicial judgments. this copyright protection is granted for computer programs' source code as well as their object code.28 in the domain of ai protection, which is analogous to the protection of computer software in indonesia, it is not possible to protect it through patents. this is the case if ai is seen solely within the context of computer software. patent protection was initially awarded to inventions that were the result of the inventor's embodiment of a concept into a tangible form. this is in contrast to the protection afforded to computer programs, which do not become tangible despite having been converted from a concept. there is a point of contention surrounding the notion 26 hu shuijing, ‘quantitative analysis of china’s artificial intelligence technology patents’, procedia computer science, 208 (2022), 18–23 https://doi.org/10.1016/j.procs.2022.10.004 27 jian liu and others, ‘macroalgae as a potential source of biomass for generation of biofuel: artificial intelligence, challenges, and future insights towards a sustainable environment’, fuel, 336.august 2022 (2023), 126826 https://doi.org/10.1016/j.fuel.2022.126826 28 nikolaos papageorgiadis, adam r. cross, and constantinos alexiou, ‘the impact of the institution of patent protection and enforcement on entry mode strategy: a panel data investigation of u.s. firms’, international business review, 22.1 (2013), 278–92 https://doi.org/10.1016/j.ibusrev.2012.04.005 https://doi.org/10.1016/j.procs.2022.10.004 https://doi.org/10.1016/j.fuel.2022.126826 https://doi.org/10.1016/j.ibusrev.2012.04.005 issn 2807-2812 journal of human rights, culture and legal system 219 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) that computer programs are nothing more than collections of algorithms, which, given that they are mathematical procedures, cannot be copyrighted.29 artificial intelligence and intellectual property protection in japan since the implementation of the patent act no. 21 of 1959 (article 70), japan has controlled the scope of protection, which is comparable to that of the united states. marzuki noted that patent protection in japan is identical to that of the united states because japan imitates the american system, which is seen as a balanced method for establishing the scope of protection.30 this law intends to foster innovation by supporting its preservation and exploitation in order to contribute to the industry's growth and expansion. concepts and ideas that cannot be seen with the human eye are inventions and utility models. therefore, enough protection must be provided by the system.31 a discovery should be protected from theft by being kept a secret. on the other side, this would prevent the creator from putting his idea to practical use and force others to wastefully squander resources developing identical items. in order to prevent such events, the patent system must be constructed to prevent them. the patent system is intended to give protection to the inventor whose invention is granted an exclusive patent under certain restrictions and for a specified time period. this method is also intended to help to industrial growth by encouraging technical advancement and facilitating the exchange of new technological resources through the publication of new innovations.32 the issue on protection under the system for utility models is simply described as "utility models concerning form, structure, or combination." this differs from the protected subject matter in the patent system. (e.g. a method cannot be subject to registration in the utility model). nonetheless, the objectives of both systems are same. the purpose of patent law protection is primarily to safeguard innovative technical concepts. consequently, a technique of computation or encryption defined by arbitrarily set rules, such as those for banking and insurance systems or taxation procedures that are not based on rules, is not a protected topic. even discoveries, such as the accidental discovery of newton's laws, are not protected.33 in order for a product to be protected, it must be characterized by a high degree of 29 yoonjae nam and george a. barnett, ‘globalization of technology: network analysis of global patents and trademarks’, technological forecasting and social change, 78.8 (2011), 1471–85 https://doi.org/10.1016/j.techfore.2011.06.005 30 hidemichi fujii and shunsuke managi, ‘trends and priority shifts in artificial intelligence technology invention: a global patent analysis’, economic analysis and policy, 58.2018 (2018), 60– 69 https://doi.org/10.1016/j.eap.2017.12.006 31 kaló, inotai, and wijaya. 32 takayuki yamanaka and shingo kano, ‘patent term extension systems differentiate japanese and us drug lifecycle management’, drug discovery today, 21.1 (2016), 111–17 https://doi.org/10.1016/j.drudis.2015.09.005 33 wei hu, tohru yoshioka-kobayashi, and toshiya watanabe, ‘determinants of patent infringement awards in the us, japan, and china: a comparative analysis’, world patent information, 60.july 2018 (2020), 101947 https://doi.org/10.1016/j.wpi.2019.101947 https://doi.org/10.1016/j.techfore.2011.06.005 https://doi.org/10.1016/j.eap.2017.12.006 https://doi.org/10.1016/j.drudis.2015.09.005 https://doi.org/10.1016/j.wpi.2019.101947 220 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) technological originality. creations characterized by a low level of technological innovation cannot be protected. in sections 2 and 3 of the utility model legislation, the object of protection is a product shape, structure, or combination of related products created utilizing inventive technical conceptions based on natural laws and regulations. consequently, procedures linked to goods are not a protected topic if they merely relate to the product's shape and form, etc. in addition, ingenuity is devoted to the creation of obsolete technical concepts for protected artifacts. the intellectual property basic act number 122 of 4 december 2002, as recently revised by law number 119 of 16 july 2003, requires this for protected objects.34 the term "intellectual" refers to human-created innovations, gadgets, novel plant kinds, designs, qualities, and others (including the discovery or resolution of natural phenomena applied to industry), trademarks, and trade secrets. also, other trademarks denote business-related products or services, trade secrets, and other technical or significant company information. the phrase "intellectual property rights (ipr)" as used in this law refers to patent rights, utility models, plant varieties, designs, copyrights, trademark rights, and other rights specified by law. other intellectual property or rights laws and regulations pertaining to the interests protected by the act.35 in order to receive a patent, a patent application must be filed to the japanese patent office, which will then analyse the application to decide if it fits all requirements.36 before granting the patent, the japanese patent office, which scrutinizes all applications globally, took measures. this entails exchanging information with the applicant in order to identify which claim, if any, is patenteligible. following are the procedures for getting a patent in japan.37 application, no matter how beneficial an innovation may be, a natural patent cannot be secured until it is applied for. one must complete out the forms provided by the applicable rules and submit them to the japanese patent office (jpo) in order to submit an application. japan has implemented a first-to-file approach, which stipulates that if two parties apply for a patent for the same invention, the patent will be issued to the first applicant. therefore, it is advised to file as quickly as possible following 34 sachie inoue and others, ‘cost-effectiveness analysis of percutaneous patent foramen ovale closure preventing secondary ischemic stroke in japan’, journal of stroke and cerebrovascular diseases, 30.8 (2021), 105884 https://doi.org/10.1016/j.jstrokecerebrovasdis.2021.105884 35 nobuaki yamashita, ‘economic crisis and innovation capacity of japan: evidence from crosscountry patent citations’, technovation, 101.october 2020 (2021), 102208 https://doi.org/10.1016/j.technovation.2020.102208 36 jiaming jiang and others, ‘the dataset of japanese patents and patents’ holding firms in green vehicle powertrains field’, data in brief, 44 (2022), 108524 https://doi.org/10.1016/j.dib.2022.108524 37 masayuki morikawa, ‘innovation in the service sector and the role of patents and trade secrets: evidence from japanese firms’, journal of the japanese and international economies, 51.october 2018 (2019), 43–51 https://doi.org/10.1016/j.jjie.2018.10.003 https://doi.org/10.1016/j.jstrokecerebrovasdis.2021.105884 https://doi.org/10.1016/j.technovation.2020.102208 https://doi.org/10.1016/j.dib.2022.108524 https://doi.org/10.1016/j.jjie.2018.10.003 issn 2807-2812 journal of human rights, culture and legal system 221 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) discovery. in addition, it is prudent to make an innovation public only after filing for a patent.38 in terms of examination formality, the jpo will assess whether a submitted application document fulfils the necessary procedural and formal standards. once there are missing or incomplete needed papers or sections, invitations to repair will be issued.39 the application publication is not checked, the jpo will then publish the application's contents in the official gazette 18 months following the date of submission. in terms of inspection request, patent applications are only seldom reviewed. only applications for which the applicant or a third party has made a request for examination and paid the examination fee will be examined.40 declared to resign (not making request for examination), any application for which a request for inspection has not been made within three years from the date of filing is automatically deemed withdrawn and cannot be patented thereafter.41 substantive examination means an examiner from the jpo will conduct the examination and determine whether the claimed invention should be granted a patent. first, the examiner determines if the application fits the legal criteria, i.e., whether there are reasons for denial. these requirements include: 1) whether the invention is claimed to be based on a technical idea that utilizes natural laws; 2) whether there has been an industrial application; 3) whether the technical idea existed prior to the submission of the current application; 4) whether the invention is claimed to be easily discovered by experts in the field; 5) whether the application is the first to be submitted; 6) whether the claimed invention may be subject to a clout; and 7) whether the claimed invention may be subject to a clout does the description in the specification precisely meet the patent's requirements.42 reasons for rejection must be communicated. if the examiner discovers grounds for denial, the applicant will be notified since they have composed arguments/changes. an applicant who has received a notification of the reasons for the refusal must be permitted to submit either a written argument claiming that the invention is distinct from the prior technique to which the notification of reasons for refusal refers, or a change of claim if this would supersede the reasons 38 federico caviggioli, ‘foreign applications at the japan patent office an empirical analysis of selected growth factors’, world patent information, 33.2 (2011), 157–67 https://doi.org/10.1016/j.wpi.2010.12.002 39 masayo kani and kazuyuki motohashi, ‘understanding the technology market for patents: new insights from a licensing survey of japanese firms’, research policy, 41.1 (2012), 226–35 https://doi.org/10.1016/j.respol.2011.08.002 40 l. aldieri and others, ‘waste recycling patents and environmental innovations: an economic analysis of policy instruments in the usa, japan and europe’, waste management, 95 (2019), 612–19 https://doi.org/10.1016/j.wasman.2019.06.045 41 nikolaos papageorgiadis, adam r. cross, and constantinos alexiou, ‘international patent systems strength 1998-2011’, journal of world business, 49.4 (2014), 586–97 https://doi.org/10.1016/j.jwb.2013.12.011 42 budi nugroho and others, ‘combined graph kernels for automatic patent classification: a hybrid approach’, world patent information, 57.april 2018 (2019), 18–24 https://doi.org/10.1016/j.wpi.2019.03.002 https://doi.org/10.1016/j.wpi.2010.12.002 https://doi.org/10.1016/j.respol.2011.08.002 https://doi.org/10.1016/j.wasman.2019.06.045 https://doi.org/10.1016/j.jwb.2013.12.011 https://doi.org/10.1016/j.wpi.2019.03.002 222 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) for refusal. decision to grant a patent takes place if no grounds for rejection are uncovered throughout the examination, the examiner will award the patent as the final evaluation of the examination phase. in addition, the examiner will determine if arguments or revisions have eliminated the basis for rejection. rejection determination, in contrast, takes place if the examining judge determines that the reasons for denial have not been eliminated, a refusal judgment (the examination stage's final evaluation) will be rendered. if the rejection decision of the examiners does not meet the applicant’s satisfactory, the applicant may file an appeal against the refusal decision.43 consideration of appeals (on decisions of rejection) refers to the examination of appeals against denial judgments is conducted by a group of three to five appellate examiners. the decision on appeal made by the examiners is known as the appeal decision. when it is determined that the grounds for the denial have been addressed as a consequence of the appellate investigation, and when the appellate examiner believes that the reasons are irreversible, a decision is made to award the patent. the patent cannot be registered, and a determination is made about the appeal for denial. registration (patent payment fee) means assuming the applicant pays the patent fee following the decision to award a patent, the patent right will take effect as recorded in the patent register, provided the applicant pays the patent fee.44 concurrently, the innovation was granted many patents. after the patent is registered, the applicant will receive a patent certificate. disclosure of patent sheets/certificates patent gazette will announce the contents of patent rights listed in the register. requisition for cancellation even after a patent is registered, anybody may request its revocation if it contains flaws. assessment of appeal (cancellation) refers to a group of three or five appellate examiners conducts the examination of annulment appeals. if the appeal examiners determine that the decision to issue the patent was correct, they will elect to maintain it. however, if they determine that the grant judgment was defective, they will deem the patent invalid. high intellectual property court, the applicant who is unsatisfied with the appeal decision of the refusal to appeal the refusal judgment, and interested parties who are dissatisfied with the appeal decision of cancellation or maintenance.45 the state intellectual property office of japan adopted procedures for patent enforcement on december 17, 2001. in addition, on april 26, 2000, japan enacted the law on patent attorneys (patent attorney act number 49 of 2000). the goal of 43 stefano clò, massimo florio, and francesco rentocchini, ‘firm ownership, quality of government and innovation: evidence from patenting in the telecommunication industry’, research policy, 49.5 (2020), 103960 https://doi.org/10.1016/j.respol.2020.103960 44 marek jemala, ‘long-term research on technology innovation in the form of new technology patents’, international journal of innovation studies, 5.4 (2021), 148–60 https://doi.org/10.1016/j.ijis.2021.09.002 45 nikolaos papageorgiadis and wolfgang sofka, ‘patent enforcement across 51 countries – patent enforcement index 1998–2017’, journal of world business, 55.4 (2020), 101092 https://doi.org/10.1016/j.jwb.2020.101092 https://doi.org/10.1016/j.respol.2020.103960 https://doi.org/10.1016/j.ijis.2021.09.002 https://doi.org/10.1016/j.jwb.2020.101092 issn 2807-2812 journal of human rights, culture and legal system 223 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) this act is to establish a system of patent attorneys and to regulate their activities, so contributing to matters such as the effective protection and promotion of the use of industrial property rights and, in turn, to economic and industrial growth.46 a patent attorney will respond to inquiries from third parties, conduct business on behalf of third parties regarding procedures with the japanese patent office relating to patents, utility models, designs or trademarks, or international applications or international registration applications, and procedures with the minister of economy, trade, and industry relating to the application of objections or awards relating to patents, utility models, designs or trademarks, while providing expert advice.47 any individual who does not qualified to become a patent attorney but registers with the japan patent prosecutors association by submitting a fake application shall be subject to a maximum one-year jail sentence or a maximum fine of 1,000,000 yen. antisocial inventions are not patentable. in the event of an invention that falls under the category of inventions that cannot be patented, the innovation may not receive a patent despite meeting the standards, such as industrial applicability, novelty, and the presence of an inventive step. the range of innovations that cannot be patented is becoming ever more restricted. previously, food, drinks, medicinal items, chemical compounds, and nuclear transmutation materials were not patentable. nonetheless, it is currently classified as an innovation that cannot be patented and is confined to the restrictions of article 32 of the patent law (the intellectual property basic act) no. 122 of december 4, 2002 (as modified by law no. 119 of july 7, 2003). a patent may only be obtained by manufacturing an innovation. instead, he must file an application to the japanese patent office for his innovation. (jpo). the right to acquire a patent for an invention belongs to the inventor. an investor's entitlement to get a patent may be transferred to another party. it does not matter for an individual to apply, but associations or unions cannot make an application on his behalf. applicants who are not yet of legal age cannot continue to submit their applications and must be accompanied by legal guardians (often parents) to complete the application process.48 apple, the plaintiff, vs samsung electronics, the defendant is one case. tokyo district court, tokyo district court, approved apple's complaint on august 23, 2011. the subject of the issue is a galaxy s, galaxy s ii, or galaxy tab 7 bearing a 46 mark p. hampton and julia jeyacheya, ‘power, ownership and tourism in small islands: evidence from indonesia’, world development, 70 (2015), 481–95 https://doi.org/10.1016/j.worlddev.2014.12.007 47 manuel baumann and others, ‘comparative patent analysis for the identification of global research trends for the case of battery storage, hydrogen and bioenergy’, technological forecasting and social change, 165.december 2020 (2021) https://doi.org/10.1016/j.techfore.2020.120505 48 qing ye and others, ‘how publications and patents are contributing to the development of municipal solid waste management: viewing the un sustainable development goals as ground zero’, journal of environmental management, 325.pb (2023), 116496 https://doi.org/10.1016/j.jenvman.2022.116496 https://doi.org/10.1016/j.worlddev.2014.12.007 https://doi.org/10.1016/j.techfore.2020.120505 https://doi.org/10.1016/j.jenvman.2022.116496 224 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) patent. apple is suing for the right of claim in the form of a patent infringement, and the content of the claim is to halt sales in patent infringement and for the court to make a temporary order to prohibit the sale of the allegedly infringing goods. district court of tokyo, 17 june 2011. apple, when the application disposition: 1) target products: galaxy s and galaxy tab; 2) legal claim: patent infringement; 3) request body: temporary stop sale order. district court of tokyo, april 22, 2011. samsung electronics has filed a lawsuit: 1) product patent violation; 2) claim rights: data division transfer and power control, including wireless data communication, the following 2 patents: jp4299270, jp4642898; 3) content requests: patent violation and (2) suspended sales orders. on 17 october 2011. samsung electronics, disposition of the provisional application: 1) target products: iphone 4, iphone 4s, ipad 2; 2) right of claim: communication-related to 1 patent and user interface linked to the right of claim; 3) the terms of the request: temporary suspension of sales.49 in april 2011, apple ultimately returned to japan with identical expectations. apple is attempting to persuade a japanese court to ban various samsung galaxy series devices in the country. the primary issue is the similarities between galaxy series smartphones and tablets running the android operating system and apple's iphone and ipad. apple had filed a lawsuit in a court in tokyo. the complaint demanded the cessation of sales of the galaxy s, the galaxy s ii, and the galaxy tab 7 in japan. apple continues to attempt to slow the rate of galaxy series sales. as the most formidable rival to the iphone and ipad, the galaxy series is a special worry for apple; nevertheless, apple is insufficient to launch a patent infringement action in a single nation. a tokyo court has found that samsung electronics does not violate apple's patents. this triumph demonstrates that judges in california will only sometimes follow the verdict of a united states jury.50 a tokyo judge concluded on august 31, 2012, one week after the u.s. ruling, that samsung smartphones and tablet computers did not infringe apple's conclusions about the synchronization of music video data with servers. in addition, the court president stated that samsung's goods did not appear to employ the same technology as apple's. thus, samsung was ultimately granted permission to sell its products on the territory of the country of sakura. in accordance with the japanese patent law, the judge's ruling specifically identifies software connected to computer programs as patentable. according to the japanese patent act, an innovation is "the creation of a technically sophisticated idea of a natural nature." this means that patent 49 takashi miyazawa and hiroshi osada, ‘change of claim structures of market leaders’ japanese published unexamined patent applications according to the degree of technology maturity’, world patent information, 33.2 (2011), 180–87 https://doi.org/10.1016/j.wpi.2011.01.007 50 stefano cipollari and others, ‘long-term effectiveness of the zilver ptx drug-eluting stent for femoropopliteal peripheral artery disease in patients with no patent tibial runoff vessels— results from the zilver ptx japan post-market surveillance study’, journal of vascular and interventional radiology, 29.1 (2018), 9-17.e1 https://doi.org/10.1016/j.jvir.2017.08.014 https://doi.org/10.1016/j.wpi.2011.01.007 https://doi.org/10.1016/j.jvir.2017.08.014 issn 2807-2812 journal of human rights, culture and legal system 225 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) protection is only available for linked computer programs that can be considered "natural technical idea creations”.51 japan, which safeguards software, demonstrates greater foresight. the world of information and communication technology (ict) is now a must for modern advancement, thus there will be an increase in the number of inventions in this sector in the future. having provided with so many discoveries in this industry, it is necessary to offer legal protection to inventors in order to safeguard their property rights. in addition, public rights are preserved by the granting of exclusive rights to inventors and the maintenance of public order in regards to the use of other people's innovations. the community also feels secure working and using the work of others according to the rules and avoiding patent infringers such as pirated goods.52 by accommodating legal interests via continuous and rigorous law enforcement, this rule will produce a just, successful, and wealthy society. according to the japanese patent law, software relating to computer programs is one of the patentable innovations. according to the japanese patent act, an innovation is "the creation of a technically sophisticated idea of a natural nature." this means that only computer-related software that may be regarded a "natural technical idea creation" is eligible for patent protection. the rules of the japanese patent office (jpo) specify that when "information processed by software is concretely realized using hardware resources," the software is regarded as "a creation of a technical idea employing natural laws." in other words, patent protection will not be awarded for associated software inventions if information processed by software is not implemented utilizing hardware resources.53 currently, the japanese patent office (jpo) promotes the adoption of a multiclaim system since it will be more effective in accommodating the scope of rights that inventors seek to include in their innovations on a case-by-case basis. the japanese patent office (jpo) recognizes multiple system and subsystem, method, and apparatus claims (substantially the same invention). multiple claims were designed to ensure broader protection for patentable ideas that were not anticipated by the previous art, despite the fact that japan initially favoured single claims. according to the japanese patent rule, an innovation is a technically sophisticated production that utilizes a natural rule. natural law is a scientific body of law derived from observations of nature. the patent law (the intellectual property basic act) number 122 of december 4, 2002, as modified, does not recognize as an invention anything that does not take use of natural law, such as 51 keishiro hara and others, ‘historical development of wastewater and sewage sludge treatment technologies in japan – an analysis of patent data from the past 50 years’, environmental development, 19 (2016), 59–69 https://doi.org/10.1016/j.envdev.2016.05.001 52 hiroyasu inoue, wataru souma, and schumpeter tamada, ‘analysis of cooperative research and development networks on japanese patents’, journal of informetrics, 4.1 (2010), 89–96 https://doi.org/10.1016/j.joi.2009.09.002 53 teiji akagi and others, ‘resolution of migraine with aura after transcatheter patent foramen ovale closure: prospective evaluation in japanese population’, journal of the american college of cardiology, 71.11 (2018), a601 https://doi.org/10.1016/s0735-1097(18)31142-2 https://doi.org/10.1016/j.envdev.2016.05.001 https://doi.org/10.1016/j.joi.2009.09.002 https://doi.org/10.1016/s0735-1097(18)31142-2 226 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) gaming rules or trade methods, or something that is opposed to the natural law of continuous motion. by law no. 119, issued july 16, 2003). a patented innovation must be a completely new creation that has never existed before, because granting a patent for a widely known invention will bring a negative impact. a patent will not be granted for an invention that lacks an element of novelty, according the patent law, "widely known" refers, in general, to public knowledge. similarly, an invention is considered to contain an inventive step if a person with relevant expertise in a technical field linked to the invention (or an expert in the field) can make the invention rapidly.54 in the case of software, the japanese patent law offers legal protection for inventions in the information and communication technology industry. the judge decided that samsung's smartphones and tablet computers did not breach apple's conclusions about the synchronization of audio and video data with servers. patent law offers protection for software in japan. legal protection attempts to foster inventions by encouraging their protection and use so that they can contribute to the growth and expansion of the industry.55 the subject of patent law protection is specifically the protection of technical conceptions with high degrees of inventiveness. the term "intellectual" as used in this act refers to inventions, devices, new varieties of plants, designs, works, and other properties produced through human creative activity (including discovering or solving natural laws or natural phenomena applied to the industry), marks trade names, trade names and other signs used to indicate goods or services in the course of business activities, and trade secrets and other technical or valuable business information for business purposes. legal protection for software is intended to encourage innovation. the presence of legal protection for software, which is a component of information and communication technology (ict), would boost the japanese economy and have an effect on the prosperity of the japanese people.56 since patent protection in japan provides protection for new innovations, including computer software and ai, the authors have constructed a narrative up above that suggests protecting ai in japan can be performed through patents. this is due to the fact that patent protection in japan provides protection for new innovations. discussing new innovations within the realm of japanese patent rights encompasses a very broad range of activities, some of which are creative human endeavours aimed at having economic values. the values can be utilized by the inventor or patent owner himself, and it can also contribute to the industry's growth and expansion. hence, creative human endeavours that generate economic 54 toshinao yamazaki, ‘patent prosecution highways (pphs): their first five years and recent developments seen from japan’, world patent information, 34.4 (2012), 279–83 https://doi.org/10.1016/j.wpi.2012.07.001 55 marlinang diarta siburian and others, ‘the progression of clinical trials in indonesia: an observational study of records from clinical trial registries databases’, global health journal, 4.3 (2020), 87–95 https://doi.org/10.1016/j.glohj.2020.08.003 56 mahmut yasar and roderick m. rejesus, ‘international linkages, technology transfer, and the skilled labor wage share: evidence from plant-level data in indonesia’, world development, 128 (2020), 104847 https://doi.org/10.1016/j.worlddev.2019.104847 https://doi.org/10.1016/j.wpi.2012.07.001 https://doi.org/10.1016/j.glohj.2020.08.003 https://doi.org/10.1016/j.worlddev.2019.104847 issn 2807-2812 journal of human rights, culture and legal system 227 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) value and contribute to the growth of industry in japan can be protected through patents so long as there are such endeavours.57 the impact of artificial intelligence on patents indonesia and japan this view, shared by posner, that protecting artificial intelligence through the patent system has the potential to have a positive effect on the economy is supported by the evidence. it is common knowledge that the application of economic analysis to law, which was pioneered by posner, is the evolution of utilitarianism, with its figures jeremy bentham and john stuart mill. this theory of utility places an emphasis on the fundamental idea that something should be beneficial. hence, something must offer advantages (the value of utility) to other things (social welfare).58 in its development, after being re-analysed by ronald coasei (1960) and posner, the idea of economic analysis in law developed to encompass transaction cost of economy, economic institution, and public choice. the efficiency of legal regulations, which are most frequently associated with private law, is related to the transaction costs of the economy. economics institution relates to human actions including formal legal laws, informal customs, traditions and social rules. and the concept of public choice refers to the process of making decisions democratically by taking into account various microeconomic and commercial practises. posner has high hopes that the application of economic concepts can improve the effectiveness of the legal system, especially the effectiveness of law in enhancing social welfare.59 however, the inclusion of wealth maximization as an embodiment of the theory of economic analysis in law is the masterstroke in the research on the application of economic analysis to law. at this point, posner zeroes in on the specific applications of the efficiency principle. posner understands efficiency in this context to be a scenario in which resources are distributed in such a way as to provide the most possible value. in the context of social decision making on the regulation of public welfare, the concept of efficiency in this context places an emphasis on ethical principles as the primary consideration.60 ai has had a significant impact on various aspects of the economy, including patent systems. indonesia and japan are two countries that have implemented policies and regulations regarding ai and patents. in this article, the authors will discuss the impact of ai on patents in indonesia and japan. in indonesia, the 57theresa f. rambaran, ‘a patent review of polyphenol nano-formulations and their commercialization’, trends in food science and technology, 120.december 2021 (2022), 111–22 https://doi.org/10.1016/j.tifs.2022.01.011 58 jeferson kameo and teguh prasetyo, ‘hakikat hukum ekonomi (internasional) dalam perspektif teori keadilan bermartabat’, jurnal hukum ius quia iustum, 27.2 (2020), 308–27 https://doi.org/10.20885/iustum.vol27.iss2.art5 59 bambang ali kusumo and others, ‘rethinking criminal law policies in taxation to overcome tax violations’, bestuur, 10.2 (2022), 159–82 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.62064 60 khudzaifah dimyati and others, ‘indonesia as a legal welfare state: a prophetic-transcendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.1016/j.tifs.2022.01.011 https://doi.org/10.20885/iustum.vol27.iss2.art5 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.62064 https://doi.org/10.1016/j.heliyon.2021.e07865 228 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) directorate general of intellectual property (dgip) has been working to modernize its patent system and incorporate ai into the process. the dgip has introduced an ai-based system to help process patent applications faster and more accurately. this system can also assist with patent searches, which can help patent examiners identify existing patents and reduce the risk of patent infringement.61 however, there are concerns about the potential impact of ai on patenting processes in indonesia. some experts worry that ai could reduce the need for human patent examiners, potentially leading to job losses. additionally, there is a risk that aigenerated patents could be utilized to create monopolies or unfairly restrict competition.62 japan has been at the forefront of ai research and development for several years, and the japanese patent system has been adapting to these changes. the japan patent office (jpo) has introduced an ai-based system to help patent examiners with the examination process.63 this system uses machine learning algorithms to analyse patent documents and identify prior art, which can help examiners make more informed decisions about patent applications.64 besides, japan has also introduced the "ip acceleration program," which aims to promote innovation and speed up the patent application process. the program includes support for start-ups and small and medium-sized enterprises (smes) that are developing ai-related technologies.65 however, there are also concerns about the potential impact of ai on patents in japan. for example, there is a risk that aigenerated inventions could be patented without proper consideration of ethical or social implications. additionally, there is a risk that ai could be utilized to automate the patent filing process, potentially leading to a flood of low-quality patents.66 the impact of ai on patents in indonesia and japan is complex and multifaceted. while there are clear benefits to using ai in the patent process, there are also risks that need to be carefully considered. to ensure that ai is used to promote innovation and protect intellectual property, it is essential that 61 novianty helitha muchtar, miranda risang ayu palar, and muhamad amirulloh, ‘development of a valuation system of technology for the enhancement of innovation in indonesia’, heliyon, 9.2 (2023), e13124 https://doi.org/10.1016/j.heliyon.2023.e13124 62 gonenc gurkaynak, ilay yilmaz, and gunes haksever, ‘stifling artificial intelligence: human perils’, computer law and security review, 32.5 (2016), 749–58 https://doi.org/10.1016/j.clsr.2016.05.003 63 yogesh k. dwivedi and others, ‘artificial intelligence (ai): multidisciplinary perspectives on emerging challenges, opportunities, and agenda for research, practice and policy’, international journal of information management, 57.august 2019 (2021), 101994 https://doi.org/10.1016/j.ijinfomgt.2019.08.002 64 olesya dudnik and others, ‘trends, impacts, and prospects for implementing artificial intelligence technologies in the energy industry: the implication of open innovation’, journal of open innovation: technology, market, and complexity, 7.2 (2021), 155 https://doi.org/10.3390/joitmc7020155 65 fujii and managi. 66 garikai chimuka, ‘impact of artificial intelligence on patent law. towards a new analytical framework – [ the multi-level model]’, world patent information, 59.october (2019), 101926 https://doi.org/10.1016/j.wpi.2019.101926 https://doi.org/10.1016/j.heliyon.2023.e13124 https://doi.org/10.1016/j.clsr.2016.05.003 https://doi.org/10.1016/j.ijinfomgt.2019.08.002 https://doi.org/10.3390/joitmc7020155 https://doi.org/10.1016/j.wpi.2019.101926 issn 2807-2812 journal of human rights, culture and legal system 229 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) policymakers and stakeholders work together to develop effective policies and regulations that balance both the benefits and risks of ai. 4. conclusion the regulation of artificial intelligence (ai) protection in intellectual property rights in indonesia has not been accommodated yet in the indonesian national legal system. however, the most possible method for ai protection can be performed through copyright. another case is that ai protection through copyright still has shortcomings as it is only considered the same as ordinary computer software in general, which should have a significant difference. ai protection space in japan can be accommodated through patents, provided that the ai in question contains the elements or categories that can be protected through japanese patents. japan is a country that does not have specific regulations regarding ai protection as part of its national intellectual property rights. ai protection as a patent right has, in point of fact, highly complicated and varied effects in both indonesia and japan. the use of ai in the process of obtaining a patent comes with a number of dangers that must be carefully evaluated despite the fact that there are obvious benefits associated with its use. policymakers and stakeholders need to collaborate on the development of effective policies and regulations that strike a balance between the benefits and risks of ai. this will finally ensure that ai is utilized to foster innovation and protect intellectual property. references akagi, teiji, yoichi takaya, hiroshi ito, koji nakagawa, and sho takahashi, ‘resolution of migraine with aura after transcatheter patent foramen ovale closure: prospective evaluation in japanese population’, journal of the american college of cardiology, 71.11 (2018), a601 https://doi.org/10.1016/s07351097(18)31142-2 albahri, a.s., ali m. duhaim, mohammed a. fadhel, alhamzah alnoor, noor s. baqer, laith alzubaidi, and others, ‘a systematic review of trustworthy and explainable artificial intelligence in healthcare: assessment of quality, bias risk, and data fusion’, information fusion, 96.march (2023), 156–91 https://doi.org/10.1016/j.inffus.2023.03.008 aldieri, l., giuseppe ioppolo, concetto paolo vinci, and tan yigitcanlar, ‘waste recycling patents and environmental innovations: an economic analysis of policy instruments in the usa, japan and europe’, waste management, 95 (2019), 612–19 https://doi.org/10.1016/j.wasman.2019.06.045 anggriani, yusi, hesty utami ramadaniati, prih sarnianto, jenny pontoan, and sri suryawati, ‘the impact of pharmaceutical policies on medicine procurement pricing in indonesia under the implementation of indonesia’s social health insurance system’, value in health regional issues, 21 (2020), 1–8 https://doi.org/10.1016/s0735-1097(18)31142-2 https://doi.org/10.1016/s0735-1097(18)31142-2 https://doi.org/10.1016/j.inffus.2023.03.008 https://doi.org/10.1016/j.wasman.2019.06.045 230 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) https://doi.org/10.1016/j.vhri.2019.05.005 baan, anastasia, markus deli girik allo, and andi anto patak, ‘the cultural attitudes of a funeral ritual discourse in the indigenous torajan, indonesia’, heliyon, 8.2 (2022), e08925 https://doi.org/10.1016/j.heliyon.2022.e08925 baumann, manuel, tobias domnik, martina haase, christina wulf, philip emmerich, christine rösch, and others, ‘comparative patent analysis for the identification of global research trends for the case of battery storage, hydrogen and bioenergy’, technological forecasting and social change, 165.december 2020 (2021) https://doi.org/10.1016/j.techfore.2020.120505 castelló, enric, ‘storytelling in applications for the eu quality schemes for agricultural products and foodstuffs: place, origin and tradition’, spanish journal of agricultural research, 18.2 (2020), e0105 https://doi.org/10.5424/sjar/2020182-16192 caviggioli, federico, ‘foreign applications at the japan patent office an empirical analysis of selected growth factors’, world patent information, 33.2 (2011), 157–67 https://doi.org/10.1016/j.wpi.2010.12.002 chimuka, garikai, ‘impact of artificial intelligence on patent law. towards a new analytical framework – [ the multi-level model]’, world patent information, 59.october (2019), 101926 https://doi.org/10.1016/j.wpi.2019.101926 cipollari, stefano, hiroyoshi yokoi, takao ohki, kimihiko kichikawa, masato nakamura, kimihiro komori, and others, ‘long-term effectiveness of the zilver ptx drug-eluting stent for femoropopliteal peripheral artery disease in patients with no patent tibial runoff vessels—results from the zilver ptx japan post-market surveillance study’, journal of vascular and interventional radiology, 29.1 (2018), 9-17.e1 https://doi.org/10.1016/j.jvir.2017.08.014 clò, stefano, massimo florio, and francesco rentocchini, ‘firm ownership, quality of government and innovation: evidence from patenting in the telecommunication industry’, research policy, 49.5 (2020), 103960 https://doi.org/10.1016/j.respol.2020.103960 davies, colin r., ‘an evolutionary step in intellectual property rights artificial intelligence and intellectual property’, computer law and security review, 27.6 (2011), 601–19 https://doi.org/10.1016/j.clsr.2011.09.006 dimyati, khudzaifah, haedar nashir, elviandri elviandri, absori absori, kelik wardiono, and arief budiono, ‘indonesia as a legal welfare state: a prophetictranscendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 dudnik, olesya, marina vasiljeva, nikolay kuznetsov, marina podzorova, irina nikolaeva, larisa vatutina, and others, ‘trends, impacts, and prospects for https://doi.org/10.1016/j.vhri.2019.05.005 https://doi.org/10.1016/j.heliyon.2022.e08925 https://doi.org/10.1016/j.techfore.2020.120505 https://doi.org/10.5424/sjar/2020182-16192 https://doi.org/10.1016/j.wpi.2010.12.002 https://doi.org/10.1016/j.wpi.2019.101926 https://doi.org/10.1016/j.jvir.2017.08.014 https://doi.org/10.1016/j.respol.2020.103960 https://doi.org/10.1016/j.clsr.2011.09.006 https://doi.org/10.1016/j.heliyon.2021.e07865 issn 2807-2812 journal of human rights, culture and legal system 231 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) implementing artificial intelligence technologies in the energy industry: the implication of open innovation’, journal of open innovation: technology, market, and complexity, 7.2 (2021), 155 https://doi.org/10.3390/joitmc7020155 dwivedi, yogesh k., laurie hughes, elvira ismagilova, gert aarts, crispin coombs, tom crick, and others, ‘artificial intelligence (ai): multidisciplinary perspectives on emerging challenges, opportunities, and agenda for research, practice and policy’, international journal of information management, 57.august 2019 (2021), 101994 https://doi.org/10.1016/j.ijinfomgt.2019.08.002 fujii, hidemichi, and shunsuke managi, ‘trends and priority shifts in artificial intelligence technology invention: a global patent analysis’, economic analysis and policy, 58.2018 (2018), 60–69 https://doi.org/10.1016/j.eap.2017.12.006 gao, xue, and yi zhang, ‘what is behind the globalization of technology? exploring the interplay of multi-level drivers of international patent extension in the solar photovoltaic industry’, renewable and sustainable energy reviews, 163.april 2021 (2022), 112510 https://doi.org/10.1016/j.rser.2022.112510 goralski, margaret a., and tay keong tan, ‘artificial intelligence and sustainable development’, international journal of management education, 18.1 (2020) https://doi.org/10.1016/j.ijme.2019.100330 gurkaynak, gonenc, ilay yilmaz, and gunes haksever, ‘stifling artificial intelligence: human perils’, computer law and security review, 32.5 (2016), 749– 58 https://doi.org/10.1016/j.clsr.2016.05.003 hampton, mark p., and julia jeyacheya, ‘power, ownership and tourism in small islands: evidence from indonesia’, world development, 70 (2015), 481–95 https://doi.org/10.1016/j.worlddev.2014.12.007 hara, keishiro, masashi kuroda, helmut yabar, michinori kimura, and michinori uwasu, ‘historical development of wastewater and sewage sludge treatment technologies in japan – an analysis of patent data from the past 50 years’, environmental development, 19 (2016), 59–69 https://doi.org/10.1016/j.envdev.2016.05.001 helitha muchtar, novianty, miranda risang ayu palar, and muhamad amirulloh, ‘development of a valuation system of technology for the enhancement of innovation in indonesia’, heliyon, 9.2 (2023), e13124 https://doi.org/10.1016/j.heliyon.2023.e13124 hu, wei, tohru yoshioka-kobayashi, and toshiya watanabe, ‘determinants of patent infringement awards in the us, japan, and china: a comparative analysis’, world patent information, 60.july 2018 (2020), 101947 https://doi.org/10.1016/j.wpi.2019.101947 inoue, hiroyasu, wataru souma, and schumpeter tamada, ‘analysis of https://doi.org/10.3390/joitmc7020155 https://doi.org/10.1016/j.ijinfomgt.2019.08.002 https://doi.org/10.1016/j.eap.2017.12.006 https://doi.org/10.1016/j.rser.2022.112510 https://doi.org/10.1016/j.ijme.2019.100330 https://doi.org/10.1016/j.clsr.2016.05.003 https://doi.org/10.1016/j.worlddev.2014.12.007 https://doi.org/10.1016/j.envdev.2016.05.001 https://doi.org/10.1016/j.heliyon.2023.e13124 https://doi.org/10.1016/j.wpi.2019.101947 232 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) cooperative research and development networks on japanese patents’, journal of informetrics, 4.1 (2010), 89–96 https://doi.org/10.1016/j.joi.2009.09.002 inoue, sachie, ataru igarashi, yasuyuki iguchi, and teiji akagi, ‘costeffectiveness analysis of percutaneous patent foramen ovale closure preventing secondary ischemic stroke in japan’, journal of stroke and cerebrovascular diseases, 30.8 (2021), 105884 https://doi.org/10.1016/j.jstrokecerebrovasdis.2021.105884 jemala, marek, ‘long-term research on technology innovation in the form of new technology patents’, international journal of innovation studies, 5.4 (2021), 148–60 https://doi.org/10.1016/j.ijis.2021.09.002 jiang, jiaming, kensuke baba, yu zhao, junshi feng, and sou kumagai, ‘the dataset of japanese patents and patents’ holding firms in green vehicle powertrains field’, data in brief, 44 (2022), 108524 https://doi.org/10.1016/j.dib.2022.108524 kaló, z, a inotai, and ke wijaya, ‘value-based decisions for off-patent pharmaceuticals in developing countries – a pilot study using multi-criteria decision analysis for tenders in indonesia’, value in health, 21 (2018), s45 https://doi.org/10.1016/j.jval.2018.07.342 kameo, jeferson, and teguh prasetyo, ‘hakikat hukum ekonomi (internasional) dalam perspektif teori keadilan bermartabat’, jurnal hukum ius quia iustum, 27.2 (2020), 308–27 https://doi.org/10.20885/iustum.vol27.iss2.art5 kani, masayo, and kazuyuki motohashi, ‘understanding the technology market for patents: new insights from a licensing survey of japanese firms’, research policy, 41.1 (2012), 226–35 https://doi.org/10.1016/j.respol.2011.08.002 kurniaty, rika, ‘the features and future challenges of indonesian antimonopoly policy: lesson learned from japanese experience’, procedia environmental sciences, 17 (2013), 999–1006 https://doi.org/10.1016/j.proenv.2013.02.119 kusumo, bambang ali, siti marwiyah, nur rohim yunus, and stefan koos, ‘rethinking criminal law policies in taxation to overcome tax violations’, bestuur, 10.2 (2022), 159–82 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.62064 li, wei, jianan liu, hongyu zhang, ze liu, yu wang, longsheng xing, and others, ‘plant pan-genomics: recent advances, new challenges, and roads ahead’, journal of genetics and genomics, 49.9 (2022), 833–46 https://doi.org/10.1016/j.jgg.2022.06.004 liu, jian, fengcheng zhou, azher m. abed, binh nguyen le, liting dai, h. elhosiny ali, and others, ‘macroalgae as a potential source of biomass for generation of biofuel: artificial intelligence, challenges, and future insights https://doi.org/10.1016/j.joi.2009.09.002 https://doi.org/10.1016/j.jstrokecerebrovasdis.2021.105884 https://doi.org/10.1016/j.ijis.2021.09.002 https://doi.org/10.1016/j.dib.2022.108524 https://doi.org/10.1016/j.jval.2018.07.342 https://doi.org/10.20885/iustum.vol27.iss2.art5 https://doi.org/10.1016/j.respol.2011.08.002 https://doi.org/10.1016/j.proenv.2013.02.119 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.62064 https://doi.org/10.1016/j.jgg.2022.06.004 issn 2807-2812 journal of human rights, culture and legal system 233 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) towards a sustainable environment’, fuel, 336.august 2022 (2023), 126826 https://doi.org/10.1016/j.fuel.2022.126826 loureiro, sandra maria correia, joão guerreiro, and iis tussyadiah, ‘artificial intelligence in business: state of the art and future research agenda’, journal of business research, 129.november 2020 (2021), 911–26 https://doi.org/10.1016/j.jbusres.2020.11.001 mesquita machado, tarso, and eduardo winter, ‘artificial intelligence and patents in brazil: overview on patentability and comparative study on patent filings’, world patent information, 72.february (2023), 102177 https://doi.org/10.1016/j.wpi.2023.102177 miyazawa, takashi, and hiroshi osada, ‘change of claim structures of market leaders’ japanese published unexamined patent applications according to the degree of technology maturity’, world patent information, 33.2 (2011), 180–87 https://doi.org/10.1016/j.wpi.2011.01.007 morikawa, masayuki, ‘innovation in the service sector and the role of patents and trade secrets: evidence from japanese firms’, journal of the japanese and international economies, 51.october 2018 (2019), 43–51 https://doi.org/10.1016/j.jjie.2018.10.003 nam, yoonjae, and george a. barnett, ‘globalization of technology: network analysis of global patents and trademarks’, technological forecasting and social change, 78.8 (2011), 1471–85 https://doi.org/10.1016/j.techfore.2011.06.005 nowotko, paweł marcin, ‘ai in judicial application of law and the right to a court’, procedia computer science, 192 (2021), 2220–28 https://doi.org/10.1016/j.procs.2021.08.235 nugroho, budi, masayoshi aritsugi, yota otachi, and yuki manabe, ‘combined graph kernels for automatic patent classification: a hybrid approach’, world patent information, 57.april 2018 (2019), 18–24 https://doi.org/10.1016/j.wpi.2019.03.002 olivares, e., h. ye, a. herrero, b. ashrafi nia, y. ren, r. p. donovan, and others, ‘applications of information channels to physics-informed neural networks for wifi signal propagation simulation at the edge of the industrial internet of things’, neurocomputing, 454 (2021), 405–16 https://doi.org/10.1016/j.neucom.2021.04.021 papageorgiadis, nikolaos, adam r. cross, and constantinos alexiou, ‘international patent systems strength 1998-2011’, journal of world business, 49.4 (2014), 586–97 https://doi.org/10.1016/j.jwb.2013.12.011 ———, ‘the impact of the institution of patent protection and enforcement on entry mode strategy: a panel data investigation of u.s. firms’, international https://doi.org/10.1016/j.fuel.2022.126826 https://doi.org/10.1016/j.jbusres.2020.11.001 https://doi.org/10.1016/j.wpi.2023.102177 https://doi.org/10.1016/j.wpi.2011.01.007 https://doi.org/10.1016/j.jjie.2018.10.003 https://doi.org/10.1016/j.techfore.2011.06.005 https://doi.org/10.1016/j.procs.2021.08.235 https://doi.org/10.1016/j.wpi.2019.03.002 https://doi.org/10.1016/j.neucom.2021.04.021 https://doi.org/10.1016/j.jwb.2013.12.011 234 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) business review, 22.1 (2013), 278–92 https://doi.org/10.1016/j.ibusrev.2012.04.005 papageorgiadis, nikolaos, and wolfgang sofka, ‘patent enforcement across 51 countries – patent enforcement index 1998–2017’, journal of world business, 55.4 (2020), 101092 https://doi.org/10.1016/j.jwb.2020.101092 prakoso, radityo, rina ariani, yovi kurniawati, sisca natalia siagian, aditya agita sembiring, oktavia lilyasari, and others, ‘initial experience in transcatheter closure of patent ductus arteriosus without fluoroscopy in indonesia’, journal of the american college of cardiology, 75.11 (2020), 607 https://doi.org/10.1016/s0735-1097(20)31234-1 raharjo, agus, rahadi wasi bintoro, nurani ajeng, tri utami, and masahiro suzuki, ‘the legal policy of criminal justice bureaucracy cybercrime’, bestuur, 10.2 (2022), 105–22 https://doi.org/https://doi.org/10.20961/bestuur.v10i2.64498 rambaran, theresa f., ‘a patent review of polyphenol nano-formulations and their commercialization’, trends in food science and technology, 120.december 2021 (2022), 111–22 https://doi.org/10.1016/j.tifs.2022.01.011 rammer, christian, gastón p. fernández, and dirk czarnitzki, ‘artificial intelligence and industrial innovation: evidence from german firm-level data’, research policy, 51.7 (2022) https://doi.org/10.1016/j.respol.2022.104555 raya, alia bihrajihant, riesma andiani, abi pratiwa siregar, imade yoga prasada, fairuz indana, theresia gracia yunindi simbolon, and others, ‘challenges, open innovation, and engagement theory at craft smes: evidence from indonesian batik’, journal of open innovation: technology, market, and complexity, 7.2 (2021), 121 https://doi.org/10.3390/joitmc7020121 sari, onur, and sener celik, ‘legal evaluation of the attacks caused by artificial intelligence-based lethal weapon systems within the context of rome statute’, computer law and security review, 42 (2021), 105564 https://doi.org/10.1016/j.clsr.2021.105564 shuijing, hu, ‘quantitative analysis of china’s artificial intelligence technology patents’, procedia computer science, 208 (2022), 18–23 https://doi.org/10.1016/j.procs.2022.10.004 siburian, marlinang diarta, sifa marie joelle muchanga, antonio fredelindo dela resma villanueva, rianto setiabudy, and iiyama tatsuo, ‘the progression of clinical trials in indonesia: an observational study of records from clinical trial registries databases’, global health journal, 4.3 (2020), 87–95 https://doi.org/10.1016/j.glohj.2020.08.003 sidipratomo, prijo, jacub pandelaki, sahat b.r.e. matondang, heltara ramandika, rita sita sitorus, komang s. karismaputri, and others, ‘intra-arterial chemotherapy for retinoblastoma: our first experience in indonesia’, https://doi.org/10.1016/j.ibusrev.2012.04.005 https://doi.org/10.1016/j.jwb.2020.101092 https://doi.org/10.1016/s0735-1097(20)31234-1 https://doi.org/https:/doi.org/10.20961/bestuur.v10i2.64498 https://doi.org/10.1016/j.tifs.2022.01.011 https://doi.org/10.1016/j.respol.2022.104555 https://doi.org/10.3390/joitmc7020121 https://doi.org/10.1016/j.clsr.2021.105564 https://doi.org/10.1016/j.procs.2022.10.004 https://doi.org/10.1016/j.glohj.2020.08.003 issn 2807-2812 journal of human rights, culture and legal system 235 vol. 3, no. 2, july 2023, pp. 210-235 rian saputra et.al (artificial intelligence and intellectual property) radiology case reports, 17.12 (2022), 4713–16 https://doi.org/10.1016/j.radcr.2022.09.004 warsiki susi irianti, yuliana diah warsiki susi irianti diah, ‘perjanjian benefit sharing sebagai upaya perlindungan dan pemanfaatan varietas tanaman’, rechtidee, 12.1 (2017), 1 https://doi.org/10.21107/ri.v12i1.2855 wu, rui qing, jian liu, wei chen, and qing shui gu, ‘adaptive wide-lens distortion correction based on piecewise polynomial optimization’, procedia computer science, 154 (2018), 573–80 https://doi.org/10.1016/j.procs.2019.06.091 yamanaka, takayuki, and shingo kano, ‘patent term extension systems differentiate japanese and us drug lifecycle management’, drug discovery today, 21.1 (2016), 111–17 https://doi.org/10.1016/j.drudis.2015.09.005 yamashita, nobuaki, ‘economic crisis and innovation capacity of japan: evidence from cross-country patent citations’, technovation, 101.november 2020 (2021), 102208 https://doi.org/10.1016/j.technovation.2020.102208 ———, ‘economic crisis and innovation capacity of japan: evidence from crosscountry patent citations’, technovation, 101.october 2020 (2021), 102208 https://doi.org/10.1016/j.technovation.2020.102208 yamazaki, toshinao, ‘patent prosecution highways (pphs): their first five years and recent developments seen from japan’, world patent information, 34.4 (2012), 279–83 https://doi.org/10.1016/j.wpi.2012.07.001 yasar, mahmut, and roderick m. rejesus, ‘international linkages, technology transfer, and the skilled labor wage share: evidence from plant-level data in indonesia’, world development, 128 (2020), 104847 https://doi.org/10.1016/j.worlddev.2019.104847 ye, qing, qasim umer, rongting zhou, amna asmi, and fahad asmi, ‘how publications and patents are contributing to the development of municipal solid waste management: viewing the un sustainable development goals as ground zero’, journal of environmental management, 325.pb (2023), 116496 https://doi.org/10.1016/j.jenvman.2022.116496 https://doi.org/10.1016/j.radcr.2022.09.004 https://doi.org/10.21107/ri.v12i1.2855 https://doi.org/10.1016/j.procs.2019.06.091 https://doi.org/10.1016/j.drudis.2015.09.005 https://doi.org/10.1016/j.technovation.2020.102208 https://doi.org/10.1016/j.technovation.2020.102208 https://doi.org/10.1016/j.wpi.2012.07.001 https://doi.org/10.1016/j.worlddev.2019.104847 https://doi.org/10.1016/j.jenvman.2022.116496 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 194-200 194 https://doi.org/10.53955/jhcls.v1i3.17 journalhumanrightslegalsystem@gmail.com should trade remedies be eliminated from wto: a response to tania voon utkarsh k. mishra a*, abhishek negia a.bdharmashastra national law university, jabalpur, india corresponding author: utkarsh@mpdnlu.ac.in 1. introduction tania voon is a professor at melbourne law school, the university of melbourne. she is a former legal officer of the appellate body secretariat of the world trade organization (wto) and has previously practiced law with mallesons stephen jaques and the australian government solicitor. her article1 basically has a proposition to eliminate the three trade remedies from the wto on the basis of two folds arguments. one is the economic irrationality and lesswelfare features of the trade remedies, and the other is that many regional trade agreements have modified, reduced, and eliminated the use of trade remedies such as anti-dumping measures, which has helped regional trade agreements (rtas) to enhance free and easy trade amongst their member states. 1tania voon, ‘eliminating trade remedies from the wto: lessons from regional trade agreements’, international & comparative law quarterly, 59.3 (2010), 625–67. https://doi.org/10.1017/s0020589310000254 a r t i c l e i n f o a b s t r a c t article history received: august 30, 2021 revised: september 25, 2021 accepted: october 15, 2021 this work is a reflection of a critical viewpoint on the academic work of tania voon. she argues on the elimination of trade remedies from the multilateral trading system of the world trade organization on the basis of various considerations, including on the basis of some lessons from regional trade agreements. the article makes no attempt to strike a balance between consumer and domestic industry interests. additionally, it must be recognized that eliminating a structural protection mechanism is not always the best course of action because, in a global market such as that of trade, there are numerous players with disparate interests. if trade remedies are eliminated, a void will exist in which there will be nothing to regulate short-term issues, which will also affect the wto's long-term objectives. this is an open-access article under the cc–by 4.0 license. keywords regional trade agreements; safeguards; trade remedies https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i3.17 mailto:journalhumanrightslegalsystem@gmail.com mailto:utkarsh@mpdnlu.ac.in https://doi.org/10.1017/s0020589310000254 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 195 vol. 1, no. 3, november 2021, pp. 194-200 utkarsh k. mishra et.al (should trade remedies be eliminated from wto...) the article outlines the problems and loopholes in the present trade remedies’ regime under wto and proposes that trade remedies be eliminated for better welfare. moreover, the article's concern is that whenever countries face problems with economic circumstances, there is always pressure to protect domestic industries, which results in enhanced and deadly protectionism that is opposed to the goals of wto. the key highlights of the article, which are debatable, have been bulleted as the study strongly propagates that rtas are multilateralizing regionalism, as patrick low and richard baldwin pointed out. it takes the view of many economists that trade remedies are almost invariably inefficient. they are harmful not only for the exporters but also for importers. anti-dumping and countervailing measures ultimately create a higher-priced product for the consumers in the wake of protecting the domestic industries and hence are economically irrational. nevertheless, the author takes a soft opinion about the safeguard measures and believes that safeguards act as safety valves for domestic industries facing a sudden increase in imports from other countries. moreover, there is a general compensation scheme under the safeguards regime of wto to other affected members as it is imposed on an mfn basis as opposed to anti-dumping and counter-veiling measures. this also makes safeguards nondiscriminatory as opposed to the other two remedies. however, the study concern is that the safeguards regime under the wto is almost redundant as it is used by the countries far less frequently than other remedies.2 the study suggests simply removing trade remedies from the wto regime and opines that competition disciplines in the place of these remedies would better serve the needs. however, it also points out that harmonizing a competition law regime for all wto members is a long way off. the study supports its arguments through the model of most regional trade agreements that have either modified or removed trade remedies from their regulatory regime. the study sees such a scheme associated with deep integration characterized by harmonized measures that allow freer trade. the study admits that most developing and least developing countries depend on trade remedies for sustenance in the world trade market. the study puts consumer interest (concerning the price of the imported products) at a higher pedestal than the protection of domestic industry. lastly, the study supports the idea of ‘bilateral safeguards or regional safeguards’ measures adopted by some rtas whereby they involve a reversion to mfn tariff 2j michael finger, francis ng, and sonam wangchuk, antidumping as safeguard policy (the world bank, 2001). google scholar; herbert g grubel and peter j lloyd, ‘the empirical measurement of intra‐industry trade’, economic record, 47.4 (1971), 494–517. google scholar; reid w click and michael g plummer, ‘stock market integration in asean after the asian financial crisis’, journal of asian economics, 16.1 (2005), 5–28. https://doi.org/10.1016/j.asieco.2004.11.018; peter a petri and michael g plummer, the economic effects of the trans-pacific partnership: new estimates, peterson institute for international economics working paper, 2016. http://dx.doi.org/10.2139/ssrn.2723413 https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=j+michael+finger%2c+francis+ng%2c+and+sonam+wangchuk%2c+antidumping+as+safeguard+policy+%28the+world+bank%2c+2001%29&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=herbert+g+grubel+and+peter+j+lloyd%2c+%e2%80%98the+empirical+measurement+of+intra%e2%80%90industry+trade%e2%80%99%2c+economic+record%2c+47.4+%281971%29%2c+494%e2%80%93517.&btng= https://doi.org/10.1016/j.asieco.2004.11.018 http://dx.doi.org/10.2139/ssrn.2723413 196 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 194-200 utkarsh k. mishra et.al (should trade remedies be eliminated from wto...) rates only in particular circumstances, and sometimes they are allowed only for transitional periods for specific products/purposes. 2. results and discussion 2.1. trade remedies be eliminated from wto the study to eliminate trade remedies from the wto regime (without giving any alternative model for substitution) as proposed by voon in 2010 is exceptionally new and revolutionary. there is abundant literature which talks about the success of rtas as a model with modified/eliminated trade remedies regime as opposed to that under wto.3 nevertheless, there is little support for eliminating trade remedies from wto just because rtas are a success. a recent report by the swedish government agency in 2013 by its trade policy advisers4 emphasizes that 75% of the present rtas include provisions on competition discipline and looking at the operation and regulatory outcome of such harmonized competition structures like that in the european union, it may be possible to replace anti-dumping measures with competition law disciplines which would provide a uniform model for regulating competition while at the same time ensuring freer trade prospects within the integrated arrangement. however, while elaborating on the proposition through the example of the eu, the report also mentions that even though it has employed competition disciplines to regulate its competition instead of using anti-di-dumping measures, it still maintains the right to use anti-dumping measures against the third countries in particular situations. so, in essence, the eu has not entirely done away with the anti-dumping measures to a certain extent. there is another scholarly work by zheng5 on trade remedies wherein the author agrees that trade remedies like anti-dumping are economically irrational. however, he does not propose eliminating such remedies from the purview of wto governance completely and instead projects an alternative model as he 3 wentong zheng, ‘reforming trade remedies’, mich. j. int’l l., 34 (2012), 151. google scholar; chad p bown, ‘trade remedies and world trade organization dispute settlement: why are so few challenged?’, the journal of legal studies, 34.2 (2005), 515–55. google scholar; patrick a messerlin, ‘anti-dumping and trade remedies: a necessary reform’, in the world trade organization millennium round (routledge, 2001), pp. 160–72. google scholar; febry wulandari and waluyo waluyo, ‘efektivitas pemanfaatan dana bagi hasil cukai hasil tembakau dalam bidang kesehatan di kota surakarta tahun 2018’, bestuur, 7.2 (2020), 15. https://doi.org/10.20961/bestuur.v7i1.28418; chad p bown, the global resort to antidumping, safeguards, and other trade remedies amidst the economic crisis, effective crisis response and openness: implications for the trading system, london, uk: cepr and world bank, 2009. google scholar 4christina romlid, ‘promoting sweden: the socioeconomic section of the swedish pavilion display at the 1937 world fair in paris’, in world fairs and the global moulding of national identities (brill, 2021), pp. 329–55 https://doi.org/10.1163/9789004500327_014; liana endah susanti, ‘economic law creation beautiful global indonesia’, bestuur, 7.2 (2020), 47. https://doi.org/10.20961/bestuur.v7i1.42701 5 zheng. google scholar https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=wentong+zheng%2c+%e2%80%98reforming+trade+remedies%e2%80%99%2c+mich.+j.+int%e2%80%99l+l.%2c+34+%282012%29%2c+151&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=chad+p+bown%2c+%e2%80%98trade+remedies+and+world+trade+organization+dispute+settlement%3a+why+are+so+few+challenged%3f%e2%80%99%2c+the+journal+of+legal+studies%2c+34.2+%282005%29%2c+515%e2%80%9355.&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=patrick+a+messerlin%2c+%e2%80%98anti-dumping+and+trade+remedies%3a+a+necessary+reform%e2%80%99%2c+in+the+world+trade+organization+millennium+round+%28routledge%2c+2001%29%2c+pp.+160%e2%80%9372.&btng= https://doi.org/10.20961/bestuur.v7i1.28418 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=chad+p+bown%2c+the+global+resort+to+antidumping%2c+safeguards%2c+and+other+trade+remedies+amidst+the+economic+crisis%2c+effective+crisis+response+and+openness%3a+implications+for+the+trading+system%2c+london%2c+uk%3a+cepr+and+world+bank%2c+2009.&btng= https://doi.org/10.1163/9789004500327_014 https://doi.org/10.20961/bestuur.v7i1.42701 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=wentong+zheng%2c+%e2%80%98reforming+trade+remedies%e2%80%99%2c+mich.+j.+int%e2%80%99l+l.%2c+34+%282012%29%2c+151&btng= issn 2807-2812 journal of human rights, culture and legal system 197 vol. 1, no. 3, november 2021, pp. 194-200 utkarsh k. mishra et.al (should trade remedies be eliminated from wto...) believes that directly eliminating the trade remedies is not a viable solution. replacing the same with a reform-based model that would also cater to functions that remedies like anti-dumping perform is desirable. he proposes the “country specific safeguard model, " which has seven highlight markers of reforms. these are described in diagram 1.1.6 diagram 1.1: unfair pricing component as seen from the diagram made above, the new country-specific model proposed by the said author, although replacing the anti-dumping model as under wto, also retains some of the features of the later model. he proposes not eliminating the trade remedies model without replacing it with another reform model. there is no popular support for completing doing away with the trade remedies regime. even some regional trade agreements have modified the regime as under wto to suit their needs but have not resorted to complete elimination. 2.2. critical overview of voon’s proposition while projecting the cause for the removal of trade remedies from the wto regime, the article creates a lot of logical and consequential debates that need dire academic attention. it must be understood that most of the rtas are a success because they adopted a modified version of trade remedies under the wto, or removal of trade remedies from their regulatory structure does not logically conclude and support that all the trade remedies be removed from wto as a whole. it must be understood that rtas are special arrangements allowed under 6 the diagram is based on the ‘country specific model’ as proposed by wentong zheng in 2012. google scholar https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=wentong+zheng%2c+%e2%80%98reforming+trade+remedies%e2%80%99%2c+mich.+j.+int%e2%80%99l+l.%2c+34+%282012%29%2c+151&btng= 198 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 194-200 utkarsh k. mishra et.al (should trade remedies be eliminated from wto...) exceptional circumstances under the gatt, 1994. so the fashion in which these rtas work is very different from the general obligations as stated wto rules.7 secondly, the proposal to eliminate trade remedies by citing the examples of rtas as role models would instill in countries a tendency to enter more and more into regional trade agreements, hence diluting the mandate of wto, which is multilateral trade rather than regional trade. according to many economists like jagdish bhagwati, ever-increasing rtas will create stumbling blocks to the spirit of multilateral trade as rtas allow countries to have their regulatory structures to a certain extent, which in turn would give vent to a trade block mentality. moreover, in the words of another economist, namely jacob viner, it may lead to trade diversion instead of trade creation. thirdly, the article has differentiated immensely between the level of importance to be given to domestic industries and the consumers’ interests. it is good to look towards the welfare of the consumers, but then, even domestic industries cannot be put in jeopardy by eliminating trade remedies. fourthly, prof tania voon argues only on removing trade remedies from wto and does not propose any other alternative model. taking the example of the european union, even though it has put in place competition disciplines to regulate matters that the trade remedies regime would otherwise regulate, it has still kept the option of using trade remedies like anti-dumping duties open in case of third countries in particular given situations. similarly, the model proposed by zheng is reformative, which is desirable as opposed to the one proposed by voon, which is entirely one-sided and incomplete in itself. fifth, the article admits that most developing and least developing countries depend on trade remedies regime under the wto for sustenance in world trade, but still, it proposes removing them from the wto regulatory structure. this implies a weaker sensitivity towards the interests of developing countries and hence is a biased proposal. sixth, the article is underlining basis is the global economic crisis problem due to which countries are bound to protect their domestic countries,8 which results in enhanced protectionism. it must be understood that economic crisis is not a permanent phenomenon. it comes and goes and does not stay forever. it is an exceptional circumstance when even the wto permits the countries to protect their domestic industries. hence the foundation of the article itself seems to be based on a flawed and incomplete 7peter hilpold, ‘regional integration according to article xxiv gatt—between law and politics’, max planck yearbook of united nations law online, 7.1 (2003), 219–60 https://doi.org/10.1163/187574103x00040; see also zakir hafez, ‘weak discipline: gatt article xxiv and the emerging wto jurisprudence on rtas’, ndl rev., 79.4 (2003), 879. google scholar 8erica marat, labor migration in central asia: implications of the global economic crisis (washington dc: silk road studies program, institute for security and development policy …, 2009). google scholar; nur putri hidayah, quincy r cloet, and david pradhan, ‘the implementation of labor development principles according to job creation law as a reason to protect wages rights’, bestuur, 9.1 (2021), 94–105 https://doi.org/10.20961/bestuur.v9i1.49252 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1163/187574103x00040 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=zakir+hafez%2c+%e2%80%98weak+discipline%3a+gatt+article+xxiv+and+the+emerging+wto+jurisprudence+on+rtas%e2%80%99%2c+ndl+rev.%2c+79.4+%282003%29%2c+879.&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=erica+marat%2c+labor+migration+in+central+asia%3a+implications+of+the+global+economic+crisis+%28washington+dc%3a+silk+road+studies+program%2c+institute+for+security+and+development+policy+%e2%80%a6%2c+2009%29.&btng= https://doi.org/10.20961/bestuur.v9i1.49252 issn 2807-2812 journal of human rights, culture and legal system 199 vol. 1, no. 3, november 2021, pp. 194-200 utkarsh k. mishra et.al (should trade remedies be eliminated from wto...) understanding of the issue. if at all, the present anti-dumping or counter-veiling code is causing problems for countries.9 the solution is not to simply do away with them but to reform the whole structure, like many developing and least developing countries are dependent on trade remedies for economic survival. 3. conclusion as the analysis above showcases, the foundation and understanding on which voon’s article is based are skewed and devoid of a holistic analysis of the problem. most importantly, the article ignores the interests of developing and least developing countries, which is at the core of wto negotiations these days. another more prominent flaw that the article does is not to adopt a balancing approach between the interests of consumers and domestic industries. it must also be understood that removing a structural protection mechanism is not always a solution because, in a world market like that of trade, there are various players with a myriad of interests. if the trade remedies are eliminated, a void would be wherein there would be nothing to regulate the short-term problems, which would also affect the long-term goals of the wto. hence, the reformative approach is always suggested, which gives an alternative and provides a better understanding of the problems the current structural mechanism is going through. references alam, muhammad m, does wto dispute settlement provide effective remedies for anti-dumping measure?, 2007. google scholar bown, chad p, the global resort to antidumping, safeguards, and other trade remedies amidst the economic crisis, effective crisis response and openness: implications for the trading system, london, uk: cepr and world bank, 2009. google scholar ———, ‘trade remedies and world trade organization dispute settlement: why are so few challenged?’, the journal of legal studies, 34.2 (2005), 515–55. google scholar click, reid w, and michael g plummer, ‘stock market integration in asean after the asian financial crisis’, journal of asian economics, 16.1 (2005), 5–28 https://doi.org/10.1016/j.asieco.2004.11.018 finger, j michael, francis ng, and sonam wangchuk, antidumping as safeguard policy (the world bank, 2001). google scholar grubel, herbert g, and peter j lloyd, ‘the empirical measurement of intra‐industry trade’, economic record, 47.4 (1971), 494–517. google scholar hafez, zakir, ‘weak discipline: gatt article xxiv and the emerging wto jurisprudence on rtas’, ndl rev., 79.4 (2003), 879. google scholar 9 muhammad m alam, does wto dispute settlement provide effective remedies for anti-dumping measure?, 2007. google scholar https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=muhammad+m+alam%2c+does+wto+dispute+settlement+provide+effective+remedies+for+anti-dumping+measure%3f%2c+2007.&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=chad+p+bown%2c+the+global+resort+to+antidumping%2c+safeguards%2c+and+other+trade+remedies+amidst+the+economic+crisis%2c+effective+crisis+response+and+openness%3a+implications+for+the+trading+system%2c+london%2c+uk%3a+cepr+and+world+bank%2c+2009.&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=chad+p+bown%2c+the+global+resort+to+antidumping%2c+safeguards%2c+and+other+trade+remedies+amidst+the+economic+crisis%2c+effective+crisis+response+and+openness%3a+implications+for+the+trading+system%2c+london%2c+uk%3a+cepr+and+world+bank%2c+2009.&btng= https://doi.org/10.1016/j.asieco.2004.11.018 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=j+michael+finger%2c+francis+ng%2c+and+sonam+wangchuk%2c+antidumping+as+safeguard+policy+%28the+world+bank%2c+2001%29&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=herbert+g+grubel+and+peter+j+lloyd%2c+%e2%80%98the+empirical+measurement+of+intra%e2%80%90industry+trade%e2%80%99%2c+economic+record%2c+47.4+%281971%29%2c+494%e2%80%93517.&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=zakir+hafez%2c+%e2%80%98weak+discipline%3a+gatt+article+xxiv+and+the+emerging+wto+jurisprudence+on+rtas%e2%80%99%2c+ndl+rev.%2c+79.4+%282003%29%2c+879.&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=muhammad+m+alam%2c+does+wto+dispute+settlement+provide+effective+remedies+for+anti-dumping+measure%3f%2c+2007.&btng= 200 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 194-200 utkarsh k. mishra et.al (should trade remedies be eliminated from wto...) hidayah, nur putri, quincy r cloet, and david pradhan, ‘the implementation of labor development principles according to job creation law as a reason to protect wages rights’, bestuur, 9.1 (2021), 94–105 https://doi.org/10.20961/bestuur.v9i1.49252 hilpold, peter, ‘regional integration according to article xxiv gatt—between law and politics’, max planck yearbook of united nations law online, 7.1 (2003), 219–60 https://doi.org/10.1163/187574103x00040 marat, erica, labor migration in central asia: implications of the global economic crisis (washington dc: silk road studies program, institute for security and development policy …, 2009). google scholar messerlin, patrick a, ‘anti-dumping and trade remedies: a necessary reform’, in the world trade organization millennium round (routledge, 2001), pp. 160– 72. google scholar petri, peter a, and michael g plummer, the economic effects of the trans-pacific partnership: new estimates, peterson institute for international economics working paper, 2016. https://doi.org/10.2139/ssrn.2723413 romlid, christina, ‘promoting sweden: the socioeconomic section of the swedish pavilion display at the 1937 world fair in paris’, in world fairs and the global moulding of national identities (brill, 2021), pp. 329–55. https://doi.org/10.1163/9789004500327_014 susanti, liana endah, ‘economic law creation beautiful global indonesia’, bestuur, 7.2 (2020), 47. https://doi.org/10.20961/bestuur.v7i1.42701 voon, tania, ‘eliminating trade remedies from the wto: lessons from regional trade agreements’, international & comparative law quarterly, 59.3 (2010), 625–67. https://doi.org/10.1017/s0020589310000254 wulandari, febry, and waluyo waluyo, ‘efektivitas pemanfaatan dana bagi hasil cukai hasil tembakau dalam bidang kesehatan di kota surakarta tahun 2018’, bestuur, 7.2 (2020), 15. https://doi.org/10.20961/bestuur.v7i1.28418 zheng, wentong, ‘reforming trade remedies’, mich. j. int’l l., 34 (2012), 151. google scholar https://www.jhcls.org/index.php/jhcls https://doi.org/10.20961/bestuur.v9i1.49252 https://doi.org/10.1163/187574103x00040 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=erica+marat%2c+labor+migration+in+central+asia%3a+implications+of+the+global+economic+crisis+%28washington+dc%3a+silk+road+studies+program%2c+institute+for+security+and+development+policy+%e2%80%a6%2c+2009%29.&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=patrick+a+messerlin%2c+%e2%80%98anti-dumping+and+trade+remedies%3a+a+necessary+reform%e2%80%99%2c+in+the+world+trade+organization+millennium+round+%28routledge%2c+2001%29%2c+pp.+160%e2%80%9372.&btng= https://doi.org/10.2139/ssrn.2723413 https://doi.org/10.1163/9789004500327_014 https://doi.org/10.20961/bestuur.v7i1.42701 https://doi.org/10.1017/s0020589310000254 https://doi.org/10.20961/bestuur.v7i1.28418 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=wentong+zheng%2c+%e2%80%98reforming+trade+remedies%e2%80%99%2c+mich.+j.+int%e2%80%99l+l.%2c+34+%282012%29%2c+151&btng= journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 134 https://doi.org/10.53955/jhcls.v3i2.68 journalhumanrightslegalsystem@gmail.com the property rights regulation, semenda marriage, and exploring the determinants in asean countries asrizal saiina*, kholidahb, zulfahmic, anwar m. radiamodad, kemas muhammad gemilangc a faculty of shariah, stain sultan abdurrahman kepulauan riau, bintan, indonesia b faculty of shariah, uin imam bonjol, padang, indonesia c faculty of shariah and law, uin sultan syarif kasim, riau, indonesia dfaculty of shariah, mindanao state university, philippines * corresponding author: asrizal@stainkepri.ac.id 1. introduction according to customary law in general in indonesia, marriage does not only have consequences for civil relations, such as the rights and obligations of husband and wife, joint property, the position of children and the rights and obligations of parents, but also concerning relations with customs, kinship, and neighborhood as well as concerning traditional and religious ceremonies. in a r t i c l e i n f o a b s t r a c t article history received: january 15, 2023. revised: may 1, 2023. accepted: may 8, 2023. this study discusses the rights and position of the husband against his wife in the practice of semenda-marriage which is still in going today. this issue is discussed under the marriage law. because this research is classified as qualitative research, the method used is normative juridical with descriptive analytical research. the analysis used in this research is critical discourse analysis. from the results of the study conducted, it was found that based on the theory of the rights and obligations of husband and wife in the family, that semenda-marriage are not in accordance with indonesian marriage laws, because they position the wife as more powerful and superior to the husband. the rights and obligations of husband and wife have been explained in the marriage law, that what is the husband's obligation is the wife's right and what is the wife's obligation is the husband's right, and this is a concept of equality and complementarity. apart from that, in the household life of indigenous peoples, regulations related to property rights are regulated. the husband's property rights in a semenda-marriages in asean countries are that the husband has ownership rights to the assets of the wife. after the marriage takes place, there is a special event in handing over assets from the wife's family to the husband and wife, so that the assets from the wife's family become the property and responsibility of the husband and wife to manage and take care of the assets that existed at that time. this is an open-access article under the cc–by 4.0 license. keywords husband-wife; marriage law; semenda-marriage; mailto:journalhumanrightslegalsystem@gmail.com mailto:asrizal@stainkepri.ac.id https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 135 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) indigenous peoples, marriage is not only a civil engagement but also a customary engagement and at the same time an engagement of kinship and neighborhood.1 according to customary law in indonesia, customary marriages can take the form and systemize into 3 forms, first, jujur-marriages, where the application is made by the man to the woman and after the marriage, the wife follows the husband's domicile and residence. this can be found in bantul, lampung, and bali. second, semenda-marriage, where the applicant is made by the woman to the man and after the marriage, the husband follows the domicile and residence of the wife. this can be found in the minangkabau and south sumatra areas. third, bebasmarriage, where the application is made by the man and after marriage the two partners (husband and wife) are free to determine their domicile and residence, and according to their will. this can be found in a large part in java, the last customary marriage system is widely applicable among advanced (modern) family communities.2 as for this research, it is focused on the system of semenda-marriage. there are many previous studies that discuss the issue of semenda-marriage, such as the research conducted by dian anisa fitri about the fading of semenda-marriage in the lampung community in negeri ratu village, north lampung regency. the high self-esteem of lampung ethnic men who do not want and do not agree with the implementation of semenda-marriage is a supporter of the fading of semendamarriage in lampung society in negeri ratu village. all husbands of women who do not have semenda-marriage express shame and feel proud of the existence of semenda-marriage because it will bring down the dignity of lampung men.3 in addition, there is also research conducted by khundrakpam and sarmah which is also related to semenda-marriage. the research analyzes the patriarchal customs in the meitei society of manipur; thereby challenging conventional wisdom which would have us believe that is replete with empowered women. researcher briefly comment on certain aspects of these customs including their relationship with the sanskritization of the meiteis and how they are affected by socio-economic indicators. researcher also identify two central mechanisms that legitimize such customs: the idea of touheidaba, which is the selective mystical prohibition/commandment of certain acts that cannot be committed/should be 1 gamze fiskin and esra sari, ‘evaluation of the relationship between youth attitudes towards marriage and motivation for childbearing’, children and youth services review, 121.105856 (2021) https://doi.org/10.1016/j.childyouth.2020.105856 2 jamilah nasution, ‘ethnozoology in traditional marriage ceremony of mandailing tribe in north sumatra’, journal of tropical ethnobiology, 5.1 (2022), 30–35 https://doi.org/10.46359/jte.v5i1.105 3 luthfi auni, abdul manan, and al yasa’ abubakar, ‘factors changing the gayo ethnic’s traditional marriage procession in lut tawar sub-district of takengon, central aceh, indonesia’, samarah: jurnal hukum keluarga dan hukum islam, 6.2 (2022), 703–33 https://doi.org/10.22373/sjhk.v6i2.14888 https://doi.org/10.1016/j.childyouth.2020.105856 https://doi.org/10.46359/jte.v5i1.105 https://doi.org/10.22373/sjhk.v6i2.14888 136 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) committed; and the eulogization of an “ideal meitei woman”. lastly, researcher locate such legitimizing mechanisms and the meitei woman's response in extant literature on power, resistance, agency and consciousness; thereby seeking to construct a grounded emancipatory theory for the meitei women.4 research on intermarriage was also carried out by chen and zhao, researcher study the consequences of later marriage on subsequent life outcomes. china’s family planning policies in the early 1970s – before the one-child policy – regulated not only childbirth but also marriage. the recommended minimum marriage age of 25 years for men and 23 years for women was effectively relaxed when the government formally introduced the one-child policy and put greater emphasis on directly controlling fertility rather than marriage. subsequently, researcher find that the marriage age, which had been increasing steadily since 1970, suddenly started to decline in the early 1980s. this policy shift provides us with an opportunity to apply a regression probability jump and kink design for the purpose of identification.5 almost the same as the research conducted by mckenzie and xiong. this study examines perspectives of transnational marriage among adolescents and parents in northern thailand, where such intimate intercultural relationships are increasingly common. eighty thai participants, evenly divided by ecological context (rural, urban) and generational cohort (adolescent, parent), participated in semi-structured interviews in which perspectives of thai–foreigner marriages were discussed. participants’ moral evaluations were examined quantitatively and moral reasoning was examined qualitatively. rural adolescent and parent evaluations of transnational marriage were largely informed by local thai values, urban adolescent evaluations were informed by autonomous western values, and urban parent evaluations were driven by local and western values. the distinct values endorsed across contexts and across generations in the urban setting point to how ecological realities—particularly exposure to and embeddedness in individualistic globalization discourses—shape perspectives of intimate intercultural relationships.6 the semanda-marriage in indigenous peoples in the region of asean countries places the husband's position low in his relatives, but along with the times, that 4 prakash khundrakpam and jayanta krishna sarmah, ‘patriarchy and patriarchal customs in the meitei society of manipur’, women’s studies international forum, 96.102674 (2023) https://doi.org/10.1016/j.wsif.2023.102674 5 yi chen and yi zhao, ‘the timing of first marriage and subsequent life outcomes: evidence from a natural experiment’, journal of comparative economics, 50.3 (2022), 713–31 https://doi.org/10.1016/j.jce.2022.04.005 6 jessica mckenzie and kajai c. xiong, ‘fated for foreigners: ecological realities shape perspectives of transnational marriage in northern thailand’, international journal of intercultural relations, 82 (2021), 121–34 https://doi.org/10.1016/j.ijintrel.2021.03.010 https://doi.org/10.1016/j.wsif.2023.102674 https://doi.org/10.1016/j.jce.2022.04.005 https://doi.org/10.1016/j.ijintrel.2021.03.010 issn 2807-2812 journal of human rights, culture and legal system 137 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) the husband's position in the wife's relatives becomes balanced in his relatives. changes in position occur due to educational factors, the higher the education, the more you look at the development of the times, in which the marriage law equalizes the position of husband and wife to be balanced. likewise, the position of the husband in a traditional event has a very important role. the husband acts as a representative of the wife's family, the husband is entrusted with making decisions. however, all decisions taken by the husband must first be consulted with the wife.7 apart from that, in the household life of indigenous peoples, regulations related to property rights are regulated. the property rights referred to in a semendamarriage are all rights that are controlled or owned by husband and wife due to marriage. all assets in the household are shared property between husband and wife. there is no distinction between the position in property rights that are already owned in the household, as well as assets that are acquired after marriage. the husband's property rights in a semenda-marriage are that the husband has ownership rights to the assets of the wife. that's how customary law in asean countries regulates related to property rights, and it is also necessary to know the factors that affect household life in semenda-marriages,8 especially in asean countries. thematically, the previous research is almost the same as the research that will be conducted, only the research that will be conducted is more focused on the rights and position of the husband towards his wife and the study is focused on the marriage law. therefore, this research is important to do so that it can be used as a reference on how to enforce intermarriage marriages that are still in going today. 2. research method this research is in the form of qualitative research with the method used is normative juridical. a juridical is an approach based on the main legal material, examining theoretical matters concerning legal principles, legal conceptions, views and doctrines, regulations and legal systems.9 from its nature, this research is 7 samreen s khan and others, ‘“my husband is my family.” the culture of pregnancy disclosure and its implications on early pregnancy registration in a child nutrition intervention in rural maharashtra, india’, midwifery, 103.103141 (2021) https://doi.org/10.1016/j.midw.2021.103141 8 fei feng, xia wang and tianxiang chen, ‘analysis of the attributes of rights to inferred information and china’s choice of legal regulation’, computer law & security review, 41 (2021) https://doi.org/10.1016/j.clsr.2021.105565 9 iwoeng geovani and others, ‘juridical analysis of victims of the economic exploitation of children under the age to realize legal protection from human rights aspects’, international journal of educational review, law and social sciences, 1.1 (2021), 45–52 https://doi.org/10.54443/ijerlas.v1i1.10 https://doi.org/10.1016/j.midw.2021.103141 https://doi.org/10.1016/j.clsr.2021.105565 https://doi.org/10.54443/ijerlas.v1i1.10 138 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) included in analytical descriptive research.10 with the nature of the research, it intends to explain a theme and then analyze it, so that later this research can provide legal certainty that can provide benefits for writers in particular and for readers in general.11 the analysis used in this study is critical discourse analysis, where the data is processed from the researcher's point of view by looking at the weaknesses of the theoretical data findings. furthermore, the main content of the data is taken so as to produce answers to the existing problems.12 3. results and discussion marriage according to the law of indonesia marriage in indonesia is basically regulated in law number 1 of 1974 which is contained in the state gazette number 309 and its implementation is regulated in government regulation number 9 of 1975. this law is universal. after this law was enacted, there was a legal unification of marriage in indonesia. so that it applies to all people in indonesia as a guide in the implementation of marriage. with the enactment of the marriage law, the bond between a man and a woman can be seen as legal husband and wife, if their bond is carried out based on the rules and regulations that have been set. this law accommodates the principles and provides the legal basis for marriage which has been the guide and has been applied to various groups citizens.13 the definition of marriage according to law number 1 of 1974 concerning marriage, in article 1, namely: "the inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the one godhead". while the definition of marriage according to the compilation of islamic law (khi) in article 1, namely marriage is marriage, which is a very strong contract or to obey allah's commands and carry it out is worship. from these two sources of law, it can be understood that marriage is a social bond or legal agreement between individuals that forms a kinship 10 belinda barnett, bec jenkinson and nigel lee, ‘the impact of a perineal care bundle on women’s birth experiences in queensland, australia: a qualitative thematic analysis’, women and birth, 2022 https://doi.org/10.1016/j.wombi.2022.09.002 11 agus budianto, ‘legal research methodology reposition in research on social science’, international journal of criminology and sociology, 9 (2022), 1339–46 https://doi.org/10.6000/19294409.2020.09.154 12 wen lou and others, ‘a temporally dynamic examination of research method usage in the chinese library and information science community’, information processing & management, 58.5 (2021) https://doi.org/10.1016/j.ipm.2021.102686 13 qiuxia zheng, niels noorderhaven and jian du, ‘making the unlikely marriage work: the integration process of chinese strategic asset-seeking acquisitions’, journal of world business, 57.3 (2022) https://doi.org/10.1016/j.jwb.2021.101305 https://doi.org/10.1016/j.wombi.2022.09.002 https://doi.org/10.6000/1929-4409.2020.09.154 https://doi.org/10.6000/1929-4409.2020.09.154 https://doi.org/10.1016/j.ipm.2021.102686 https://doi.org/10.1016/j.jwb.2021.101305 issn 2807-2812 journal of human rights, culture and legal system 139 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) relationship and which is an institution in the local culture that formalizes interpersonal relationships which are usually intimate and sexual.14 marriage is considered valid if it has met the requirements specified in the act both internally and externally. that is, if men and women who intend to carry out marriages are ready physically and mentally, and are also ready in terms of material to support the necessities of life after the marriage is carried out, and carried out in accordance with the legal requirements of the religion adopted and the applicable law. the purpose of marriage according to law number 1 of 1974 has been formulated ideally because it is not only seen from the outward aspect but at the same time there is an inner connection between husband and wife which is intended to foster a family or household that is eternal and happy for both and in accordance with the wishes of the allah swt.15 after the enactment of law number 1 of 1974 concerning marriage, in article 2 of law number 1 of 1974 it is determined that marriage is legal if it is carried out according to the laws of each religion and belief. this provision states that the marriage must be legal according to the religion and beliefs held by the party carrying out the marriage. according to article 2 paragraph (2) of law number 1 of 1974, it is stated that every marriage is recorded according to the applicable and regulations.16 in connection with the principles of marriage adopted by law number 1 of 1974 concerning marriage, the principles of marriage according to customary law are as follows: first, marriage aims to form a family, household and kinship relations that are harmonious and peaceful, happy and eternal. second, marriage must not only legally be carried out according to religious law and or belief, but also must receive recognition from family members. third, marriage can be carried out by a man with several women as wives whose respective positions are determined according to local customary law. fourth, marriage must be based on the consent of parents and family members. indigenous peoples can reject the position of husband or wife that is not recognized by indigenous peoples. fifth, marriage may be carried out by men and women who are not old enough or are still children. likewise, even though they are old enough to marry, they must be based on the permission of their parents/family and relatives. sixth, some divorces 14 j. e. yulianto and others, ‘navigating tensions in inter-ethnic marriages in indonesia: cultural, relational, spatial and material considerations’, international journal of intercultural relations, 86 (2021), 227–39 https://doi.org/https://doi.org/10.1016/j.ijintrel.2021.12.008 15 maila d.h. rahiem, ‘covid-19 and the surge of child marriages: a phenomenon in nusa tenggara barat, indonesia’, child abuse & neglect, 118 (2021) https://doi.org/10.1016/j.chiabu.2021.105168 16 matthew collin and theodore talbot, ‘are age-of-marriage laws enforced? evidence from developing countries’, journal of development economics, 160 (2023) https://doi.org/10.1016/j.jdeveco.2022.102950 https://doi.org/https:/doi.org/10.1016/j.ijintrel.2021.12.008 https://doi.org/10.1016/j.chiabu.2021.105168 https://doi.org/10.1016/j.jdeveco.2022.102950 140 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) are allowed and some are not. divorce between husband and wife can result in the breakdown of kinship between the two parties. seventh, the balance of position between husband and wife based on the provisions of applicable customary law, there are wives who are housewives and there are wives who are not housewives.17 marriage generally begins and is formalized with a wedding ceremony. generally, marriage is carried out with the intention of forming a family. depending on the local culture forming a marriage can be different and the purpose can be different too. but generally, marriage is exclusive and recognizes the concept of a bond. the bond in question is a legal relationship between a man and a woman to live together as husband and wife. the inner and outer bond is an important thing in marriage, this shows that according to the law the purpose of marriage is not merely to fulfill lust. therefore, it is necessary to have regulations that determine what conditions must be met for the marriage place in addition to regulations regarding the continuation and termination of a marriage.18 the rules in indonesia are not only in the form of written rules such as laws but also unwritten rules such as customary law and religious law which are closely attached to every indigenous people in regions in indonesia. customary law will apply and be recognized by all indonesian people. the customary law that applies in regions in indonesia is customary law that is inherited or obeyed from generation to generation by the community. the indonesian state guarantees the unity of the customary law community and their traditional rights as long as the customary law is still in effect. as long as the law does not eliminate the principle of the unitary state of the republic of indonesia.19 marriage procedures in indonesia are also quite diverse from one another because indonesia recognizes the existence of various religions and beliefs, which have different procedures. this is possible in the republic of indonesia, which is based on pancasila, which firmly recognizes the principle of freedom of religion. husband-wife couples who have married, generally want to have children from the marriage they have done, but there are also husband-wife couples who live together without the desire to have children.20 17 rafif zarea, ‘law and culture : reconceptualization and case studies law and visual jurisprudence’, international journal for the semiotics of law, 5.35 (2022), 2527–2531 https://doi.org/10.1007/s11196-022-09938-x 18 hanzhe zhang and ben zou, ‘a marriage-market perspective on risk-taking and career choices’, european economic review, 152 (2023) https://doi.org/10.1016/j.euroecorev.2023.104379 19 zarea. 20 elisabeth pudyastiwi and agoes djatmiko, ‘the legality of marriage according to law no. 1 of 1974 concerning marriage is reviewed from the law of the agreement’, jurnal pendidikan kewarganegaraan undiksha, 9.3 (2021), 937–44 https://doi.org/10.23887/jpku.v9i3.40170 https://doi.org/10.1007/s11196-022-09938-x https://doi.org/10.1016/j.euroecorev.2023.104379 https://doi.org/10.23887/jpku.v9i3.40170 issn 2807-2812 journal of human rights, culture and legal system 141 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) the traditional marriage system marriage according to customary law is a sexual relationship between a man and a woman, which brings a wider relationship, namely between groups of male and female relatives and even between one community and another.21 marriage in customary law has 3 marriage systems, namely: a) endogamy system, b) exogamy system, and c) eleutherogamy system. in the endogamy system, people are only allowed to marry someone from their own family tribe. this marriage system is rare in indonesia. there is only one area that is practically familiar with this endogamy system, namely the toraja area. but, now in this area to the system will disappear by itself if the blood relations with other areas will become easier, tighter and wider. because the system in this area only exists in a practical way, after all, endogamy is actually not in accordance with the nature of the family structure that exists in the area, namely parental.22 while in the exogamy system, people are required to marry other tribes. marrying one's own tribe is prohibited. however, over time, and the passage of time gradually underwent a process of softening in such a way that the prohibition of marriage was treated only in a very small family environment. this system can be found in gayo, alas, tapanuli, minangkabau, south sumatra, buru and bali areas.23 as for the eleutherogamy system, it is different from the endogamy and exogamy systems, in which both systems have prohibitions and requirements. the eleutherogamy system does not recognize these prohibitions and requirements. the prohibitions contained in this system are the prohibitions contained in this system are prohibitions related to family ties concerning nasab (descendants) such as marriage with mother, grandmother, biological children, grandchildren, as well as siblings, father or mother. the prohibition of marrying with musyaharah (in-laws) such as marrying a stepmother, in-laws, stepchildren. this system can be found in almost all indonesian people.24 from the customary marriage system, three forms of customary marriage were formed, namely: first, the form of jujur-marriage, namely a form of marriage in 21 sardjana orba manullang, ‘understanding the sociology of customary law in the reformation era: complexity and diversity of society in indonesia’, linguistics and culture review, 5.s3 (2021), 16–26 https://doi.org/10.21744/lingcure.v5ns3.1352 22 elim wilsen taruk, ‘intercaste marriage in the context of toraja: towards contextual theology of intercaste marriage in toraja’, quaerens: journal of theology and christianity studies, 3.2 (2021), 155–71 https://doi.org/10.46362/quaerens.v3i2.76 23 i made pasek subawa, ‘the meaning of social construction hindu community exogamy marriage in bali’, vidyottama sanatana: international journal of hindu science and religious studies, 6.1 (2022), 118–23 https://doi.org/10.25078/vidyottama.v6i1.658 24 zheng mu, ‘marrying young in indonesia: voices, laws and practices, mies grijns, hoko horii, sulistyowati irianto, and pinky saptandari (eds.), 2019, singapore: iseas – yusof ishak institute’, asian journal of social science, 50.1 (2022), 76–77 https://doi.org/10.1016/j.ajss.2022.01.005 https://doi.org/10.21744/lingcure.v5ns3.1352 https://doi.org/10.46362/quaerens.v3i2.76 https://doi.org/10.25078/vidyottama.v6i1.658 https://doi.org/10.1016/j.ajss.2022.01.005 142 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) which the man gave jujur to the woman. objects that can be used as jujur are usually objects that have magic. the jujur gift required is to restore the magical balance that was originally shaky, because of the emptiness in the family of the woman who had left because of marriage. jujur-marriage is found in patrilineal. the characteristics of jujur-marriage are patrilocal, meaning that the wife resides in the husband's residence or the husband's family.25 in addition, this type of marriage is exogamous, that is, it is forbidden to marry people of the same ethnicity or clan.26 second, the form of semenda-marriage, which is essentially matrilocal and exogamous. matrilocal means that the wife is not obliged to reside in the husband's residence. in marriage, this is usually found in emergency situations, where women find it difficult to find a mate or because men are unable to give the jujur.27 third, the form of free-marriage, in this free-marriage does not explicitly determine where the husband or wife will live, this depends on the wishes of each party. this form of free-marriage is endogamous, meaning a suggestion to marry members of one's own relative group.28 in the customary marriage system, there is also the purpose of marriage. the purpose of marriage for indigenous peoples that are kinship in nature is to maintain and pass on offspring according to the paternal or maternal or paternal line, for the happiness of the family/relative household, to obtain cultural values and peace, and to maintain sanity. because the heredity and kinship systems between indonesian ethnic groups differ from one another, the purpose of customary marriage for the community also differs between one ethnic group and another, as well as the legal consequences and the marriage ceremony.29 the rights and obligations of husband wife in the family marriage is an agreement between a man and a woman to lead a household life. since entering into an agreement through a contract, both parties have been bound and since then they have rights and obligations, which they did not have before. as for what is meant by rights here are what one person receives from others, 25 manullang. 26 elizabeth stites and others, ‘cattle to cash: changing marriage practices among displaced people in bentiu, south sudan’, women’s studies international forum, 94 (2022) https://doi.org/10.1016/j.wsif.2022.102632 27 manullang. 28 dan anderberg and alexander vickery, ‘the role of own-group density and local social norms for ethnic marital sorting: evidence from the uk’, european economic review, 138 (2021) https://doi.org/10.1016/j.euroecorev.2021.103774 29 yessy octavianna and others, ‘the impact of marpaniaran “traditional dance of women” of toba batak wedding ceremony for women’s physical and mental health’, namsyah hot hasibuan, 35.2 (2021), s537–39 https://doi.org/10.1016/j.gaceta.2021.07.030 https://doi.org/10.1016/j.wsif.2022.102632 https://doi.org/10.1016/j.euroecorev.2021.103774 https://doi.org/10.1016/j.gaceta.2021.07.030 issn 2807-2812 journal of human rights, culture and legal system 143 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) while obligations are what one must do to others.30 obligations arise because of the rights inherent in legal subjects. after the marriage takes place, both husband and wife must understand their respective rights and obligations. the rights of the wife become the obligations of the husband. likewise, the husband's obligation becomes the wives. a right does not deserve to be received before the obligation is carried out. with the regulation of the rights and obligations of husband and wife, the dreams of husband and wife in the ark of their household will be realized, because it is based on a sense of love and affection.31 the roles and functions between husband and wife are constructed in the form of rights and obligations inherent in both parties. rights are something that is inherent and must be accepted or owned by someone, while obligations are something that must be given and fulfilled by someone to others. the formulation of these rights and obligations will then be used as a barometer to assess whether the husband and wife have carried out their functions and roles correctly. regarding the rights and obligations of husband and wife, there are two rights, namely obligations that are material and obligations that are immaterial.32 material nature means visible obligations or which are property, including dowry and maintenance. while the immaterial obligations are the inner obligations of a husband towards his wife, such as leading his wife and children and getting along with his wife well.33 the existence of rights and obligations in this family aims so that each member is aware of his obligations to the other, so that with the implementation of these obligations the rights of other family members can be fulfilled properly. thus, the existence of these rights and obligations is basically to maintain harmonious relations between family members, because each family member has obligations that must be carried out in order to respect and give love to other family members. islam, through the al-qur'an and sunnah, states that in the family, namely between husband and wife, each has its own rights and obligations.34 talking about the family, the family can be interpreted as a place where individuals grow, develop and learn about the values that can shape their 30 ryan m. mcmanus, jordyn e. mason and liane young, ‘re-examining the role of family relationships in structuring perceived helping obligations, and their impact on moral evaluation’, journal of experimental social psychology, 96 (2021) https://doi.org/10.1016/j.jesp.2021.104182 31 octavianna and others. 32 hulya dagdeviren and lianne oosterbaan, ‘gender differences in effective use of land rights in south india’, land use policy, 119 (2022) https://doi.org/10.1016/j.landusepol.2022.106212. 33 octavianna and others 34 nihaya a. al-sheyab and others, ‘midwives and women’s perspectives on family planning in jordan: human rights, gender equity, decision-making and power dynamics’, heliyon, 7.8 (2021) https://doi.org/10.1016/j.heliyon.2021.e07810 https://doi.org/10.1016/j.jesp.2021.104182 https://doi.org/10.1016/j.heliyon.2021.e07810 144 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) personality in the future. the learning process continues as long as the individual lives. there are also those who argue that, the family is a very important forum between individuals and groups, and is the first social group where children are members, the family is of course the first place to socialize children's lives.35 according to duvall, as quoted by baxter, the family is a group of people who are connected by marriage, adoption, birth ties that aim to create and maintain a common culture, increasing the physical, mental, emotional, and social development of each member. the family is the most important aspect in the smallest unit in society, the recipient of care, the health of family members and the quality of family life are interconnected, and occupy a position between the individual and society. family function is a measure of how a family operates as a unit and how family members interact with one another. this reflects parenting style, family conflict, and the quality of family relationships. family function affects the capacity for health and well-being of all family members. so, it can be concluded that the function of the family has a very large influence on family members, namely husband, wife and children.36 with the marriage contract, there will also be consequences regarding the rights and obligations related to husband and wife. the rights and obligations of the husband are also explained in article 79 of the khi, namely: a) the husband is the head of the family, and the wife is a housewife, b) the rights and position of the wife are balanced with the rights and position of the husband in married life and social life together in society, c) each party has the right to take legal action.37 articles 80 and 81 of the khi regulate the husband's obligations to his wife and family, namely: a) the husband is a mentor to his wife and household, but regarding matters of household affairs that are important to be decided by husband and wife together, b) the husband is obliged to protect his wife and provide all the necessities of household life according to his ability, c) the husband is obliged to provide religious education to his wife and provide opportunities to learn useful and beneficial knowledge for religion, the homeland and the nation, d) the husband provides a place to live for his wife and children, his son.38 meanwhile, article 83 of the khi regulates the wife's obligations to her husband, namely: a) the wife's main obligation is mentally to her husband within the limits 35 nayeli y. chavez-dueñas and hector y. adames, ‘parenting while undocumented: an intersectional socialization approach’, current opinion in psychology, 47 (2022) https://doi.org/10.1016/j.copsyc.2022.101441 36 zhang and zou. 37 neng eri sofiana and muhammad ismail sunni, ‘the application of article 53 of khi (islamic law compilation) regarding pregnant marriage in lottery marriage’, jurnal ilmiah al-syir’ah, 19.1 (2021), 122–35 https://doi.org/10.30984/jis.v19i1.1453 38 abdullah, hijrah and hery zarkasih, ‘criticizing the muslim divorce tradition in lombok: an effort to control the women’s rights’, justicia islamica, 19.1 (2022), 57–73 https://doi.org/10.21154/justicia.v19i1.3168 https://doi.org/10.1016/j.copsyc.2022.101441 https://doi.org/10.30984/jis.v19i1.1453 https://doi.org/10.21154/justicia.v19i1.3168 issn 2807-2812 journal of human rights, culture and legal system 145 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) justified by islamic law, b) the wife organizes and regulates daily household needs as well as possible.39 thus, the rights and obligations in the family, must be understood as a means to realize the purpose of marriage. the implementation of obligations can be interpreted as giving affection from one family member to another family member. on the other hand, the acceptance of rights is the acceptance of affection by one family member from another family member. the family is the smallest unit in society consisting of husband and wife, or husband and wife and their children, or mother and father. as for family life, it is life with two people of the opposite sex who are not their mahram who have bound themselves by marriage and their offspring as a result of this. in family life, husband-wife must both carry responsibilities in order to realize peace and tranquility so that the happiness of married life is perfect.40 husband in semenda-marriage according to marriage law in principle, every individual has the ability to be the recipient of rights and carry out obligations. besides that, from a legal point of view, every individual is seen as capable of acting legally (legally competent). however, if you are not legally capable to act and be responsible, then there needs to be a guarantee from the guardian.41 as it is known that, indonesian indigenous peoples vary, there are patrilineal, matrilineal, parental and mixed, therefore the form of marriage that applies in indonesia is also different. one form of marriage is called the semendamarriage. semenda-marriage generally takes place in matrilineal indigenous communities, with the aim of maintaining the maternal (female) lineage. in semenda-marriage, the prospective groom and his relatives do not give jujur money to the woman, as in minangkabau, the customary application applies from the woman to the man.42 according to hilman, an intermarriage marriage is a marriage in which the overall cost of the wedding from the beginning of the traditional procession to the reception is carried out by the woman. in general, in an intermarriage, after the marriage occurs, the power lies with the wife, and her legal position depends on the form of the prevailing intermarriage. the husband in this case does not really have a role and lacks responsibility for his household. one of the reasons for this is 39 muhammad sabir, aris, and iin mutmainnah, ‘the problems of the khi on article 7 about the marriage isbat in a religious court’, syariah: jurnal hukum dan pemikiran, 21.1 (2021), 68–87 https://doi.org/10.18592/sjhp.v21i1.3994 40 al-sheyab and others. 41 changjian pan and others, ‘interplay between corporate social responsibility and organizational green culture and their role in employees’ responsible behavior towards the environment and society’, journal of cleaner production, 366 (2022) https://doi.org/10.1016/j.jclepro.2022.132878 42 mckenzie and xiong. https://doi.org/10.18592/sjhp.v21i1.3994 https://doi.org/10.1016/j.jclepro.2022.132878 146 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) because in carrying out the marriage, the prospective groom and his relatives do not give honest/honest as a form of exchange or a substitute sign for the release of the bride from the customary citizenship of her father's legal alliance.43 based on the theory of rights and obligations in the family, the husband's position is as the head of the family and as the executor of household needs, this is because the husband has advantages by nature. in addition, the husband is a guide to his wife and children and the husband decides on household matters. this is as explained in law no. 1 of 1974 and in the compilation of islamic law (khi). in article 77, it is explained that husband and wife bear a noble obligation to uphold sakinah, mawaddah, warahmah household, must love each other, respect each other, be loyal and provide physical and spiritual support. if they have children, both of them are also obliged to take care of their children, and are obliged to maintain their honor.44 in semenda-marriage, the man lives in his own family, but can get along with his wife. semenda-marriage in the true sense is a marriage in which husband after marriage settles and is domiciled on the wife and relinquishes his rights and position from his own relatives. this form of semenda-marriage is adopted by the matrilineal which aims to consequently continue the maternal lineage. article 105 of the kuhper that the husband is the head of the family union. every husband must take charge of his family's affairs, including financial matters. even in article 106 it is explained that every wife must obey her husband. therefore, the power and power of family affairs is in the husband, and not in the wife. for that, a husband must serve his wife in any case, and the most important thing is the matter of providing a living for his wife.45 although in principle the husband is obliged to make a living for his wife, there is no prohibition if the wife works to earn a living together with her husband. if the wife earns a living together with her husband in order to meet household needs, then the wife does not have the same obligations as the husband. this is because the wife plays a role only for the benefit and happiness of the household. if the needs of the family are increasing every day, then the participation wife in supporting the family is based on her willingness, and does not affect the provisions on the obligation to earn a living for the husband, because in principle it is the husband who is obliged to earn a living.46 if we look closely, marriage in its form is divided into two, namely; a) semendamarriage as a necessity, and b) semenda-marriage as an aberration. semenda 43 dani setiawan, ‘inter-religious marriage: a controversial issue in indonesia’, contemporary issues on interfaith law and society, 1.1 (2022), 23–38 https://doi.org/10.15294/ciils.v1i1.56711 44 sabir, aris and mutmainnah. 45 mckenzie and xiong. 46 chen and zhao. https://doi.org/10.15294/ciils.v1i1.56711 issn 2807-2812 journal of human rights, culture and legal system 147 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) marriage as a necessity is carried out in matrilineal societies, for example in minangkabau. meanwhile, as a deviation, semenda-marriage is found in a patrilineal society where the marriage should be carried out in a jujur way, namely as a form of marriage to continue the offspring of the male party (father). this happens when in a household there is no male offspring.47 in its development, various forms of marriage law grew varied according to the interests of the kinship concerned. as for what distinguishes it from a sociological perspective, there is a reciprocal relationship between social change in the form of marriage and the placement of customary law in indonesia. meanwhile, from the anthropological point of view, it only looks at the historical side and its physical diversity, society, and culture. therefore, every society has its own style and nature, so the law for each community in customary law is one of the incarnations of the geester-structures of the community concerned, and it is an embodiment of the culture of the community itself.48 based on the prevailing laws and regulations in indonesia, as stated in the compilation of islamic law article 79 paragraphs 1 and 2, which states that the husband is the head of the family and the wife is the housewife. so, the rights and position of the wife are balanced with the rights and position of the husband in domestic life and the association of living together in the household. thus, it can be clearly understood that husband and wife are partners and equal partners, therefore they must work together, complement each other, and respect each other.49 the property rights regulation, semenda-marriage, and exploring the determinants in asean countries living together bound by marriage has very important consequences in a society in asean countries that have civilization. in connection with the very important consequences of marriage, people in asean countries need a norm or rule that regulates the requirements for the formalization, implementation, continuation and termination of the marriage. asean countries guarantee the unity of their customary law communities and their traditional rights as long as the customary law is still valid. as long as the law does not eliminate the principle of the state itself. indigenous peoples as law-abiding people fully respect the rules made by the state as well as the customary rules that govern their communities.50 47 chen and zhao. 48 al-sheyab and others. 49 sabir, aris and mutmainnah. 50 kazuhiro harada and others, ‘the role of ngos in recognition and sustainable maintenance of customary forests within indigenous communities: the case of kerinci, indonesia’, land use policy, 113 (2022) https://doi.org/10.1016/j.landusepol.2021.105865 https://doi.org/10.1016/j.landusepol.2021.105865 148 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) marriage procedures in asean countries also vary from one to another because asean countries recognize the existence of various religions and beliefs, which have different procedures, such as in indonesia, malaysia, singapore and the philippines. one example is in indonesia, as a unitary state of the republic of indonesia based on pancasila, which firmly recognizes the principle of freedom of religion. husband and wife couples who have been married generally want to have children from the marriage they have done, but there are also married couples who live together without the desire to have children.51 due to the different kinship systems adopted by indigenous peoples in asean countries, there are different forms of marriage. one of them is semenda-marriage. a semenda-marriage in its true sense is a marriage in which the husband after marriage settles down and is domiciled on the wife's side and relinquishes his rights and position on the part of his own relatives. as for the cost of carrying out a semenda-marriage, the overall cost of the wedding, starting from the beginning of the traditional procession to the reception, is carried out together in accordance with the deliberations of the women and men.52 after the marriage takes place, the husband is under the authority of the wife and his legal position depends on the prevailing form of semenda-marriage. in semenda-marriage, the wife plays a more important role in all matters. in indigenous peoples in asean countries, after the husband is in the circle of the wife's relatives, the husband in all his legal actions must be based on the approval of the wife's relatives. however, this does not mean that the legal relationship between the husband and his family is lost, but that his duties and roles are different, he must prioritize the interests of the wife's relatives rather than the interests of his original relatives. talking about kinship in a semenda-marriage, the husband after carrying out a semenda-marriage must obey the rules of the wife's relatives. in a semenda-marriage, the husband must leave his family and settle in the wife's environment, so that the semenda-marriage has legal consequences for the family, kinship and assets.53 as is known, in domestic life in indigenous peoples in asean countries, the position of husband and wife is clearly patterned. as for the husband's position in the household, he is considered the head of the household who is entrusted with 51 niguss cherie and others, ‘modeling on number of children ever born and its determinants among married women of reproductive age in ethiopia: a poisson regression analysis’, heliyon, 2023 https://doi.org/10.1016/j.heliyon.2023.e13948 52 nimrod luz, ‘religiocity in acre: religious processions, parades, and festivities in a multireligious city’, cities, 127 (2022) https://doi.org/10.1016/j.cities.2022.103765 53 qingmei tan, zixuan liu and peixuan geng, ‘family involvement, family member composition and firm innovation’, china journal of accounting research, 14.1 (2021), 43–61 https://doi.org/10.1016/j.cjar.2020.12.003 https://doi.org/10.1016/j.heliyon.2023.e13948 https://doi.org/10.1016/j.cities.2022.103765 https://doi.org/10.1016/j.cjar.2020.12.003 issn 2807-2812 journal of human rights, culture and legal system 149 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) taking care of the responsibilities of meeting the necessities of life and taking care of all problems that occur in the family, while the wife is fully entrusted with taking care of all household affairs and those related to them.54 as for semendamarriage, in general the power of the wife plays a more important role in the household, while the husband is only a helper and complement in the household, and his role and responsibilities are not too important in the family.55 related to the position of the husband in kinship will arise after the occurrence of a semendamarriage, in which in this marriage, the husband enters the kinship of the wife's family, with the husband's entry into the wife's kinship, the husband considers the wife's family as his new relative and the husband is obliged to continue descendants of the wife's relatives.56 traditional activities state that the husband must participate as a party representing the wife's relatives. the husband has the right to issue an opinion as a contribution of thought in customary meetings, and also in relations between relatives that there is no difference between the husband's relatives and the wife's relatives. apart from his own relatives, the husband must pay more attention to his wife's relatives and vice versa. the semenda-marriage in indigenous peoples in the asean countries place the husband's position low in his relatives, but along with the times, that the husband's position in the wife's relatives becomes balanced in his relatives. changes in position occur because of educational factors, the higher the education, the more you look at the times. in indonesia, which in the indonesian marriage law equalizes the position of husband and wife to be balanced. likewise, the position of the husband in a traditional event has a very important role. the husband acts as a representative of the wife's family, the husband is entrusted with making decisions. however, all decisions taken by the husband must first be consulted with the wife.57 apart from that, in the household life of indigenous peoples in asean countries, regulations related to property rights are regulated.58 the property 54 yonas alem, sied hassen and gunnar köhlin, ‘decision-making within the household: the role of division of labor and differences in preferences’, journal of economic behavior & organization, 207 (2023), 511–28 https://doi.org/10.1016/j.jebo.2023.01.022 55 yucong zhao, bing ye and jinchuan shi, ‘gender identity, preference, and relative income within households’, china economic review, 71 (2022) https://doi.org/10.1016/j.chieco.2021.101741 56 luigi guiso and luana zaccaria, ‘from patriarchy to partnership: gender equality and household finance’, journal of financial economics, 147 (2023), 573–95 https://doi.org/10.1016/j.jfineco.2023.01.002 57 yanuar farida wismayanti and others, ‘the problematization of child sexual abuse in policy and law: the indonesian example’, child abuse & neglect, 118 (2021) https://doi.org/10.1016/j.chiabu.2021.105157 58 yixin liu, yu liu and zuobao wei, ‘property rights protection, financial constraint, and capital structure choices: evidence from a chinese natural experiment’, journal of corporate finance, 73 (2022) https://doi.org/10.1016/j.jcorpfin.2022.102167 https://doi.org/10.1016/j.jebo.2023.01.022 https://doi.org/10.1016/j.chieco.2021.101741 https://doi.org/10.1016/j.jfineco.2023.01.002 https://doi.org/10.1016/j.chiabu.2021.105157 https://doi.org/10.1016/j.jcorpfin.2022.102167 150 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) rights referred to in a semenda-marriage are all rights that are controlled or owned by the husband and wife as a result of the marriage, including assets earned by the husband and wife as well as gifts after the marriage. all assets in the household are shared property between husband and wife. there is no distinction between the position in property rights that are already owned in the household, as well as assets that are acquired after marriage. the husband's property rights in a semenda-marriage are that the husband has ownership rights to the assets of the wife. after the marriage takes place, there is a special event in handing over assets from the wife's family to the husband and wife, so that the assets from the wife's family become the property and responsibility of the husband and wife to manage and take care of the assets that existed at that time.59 the clarification regarding property rights of assets can be explained as follows,60 first, the property rights pusaka. pusaka in a semenda-marriage comes from the wife's family which will be given to the husband and wife after the marriage takes place. inheritance in the form of rice fields, gardens/fields that will be managed and harvested by the husband and wife. as for the management, husband and wife together have the right to take care of the inheritance for the needs of daily life in fulfilling life.61 second, property rights inheritance. inheritance property is property acquired or controlled by the husband and wife before the marriage took place. inherited property can be distinguished between husband and wife's inherited property, this husband and wife's inherited property can be in the form of inheritance, grants/wills, and gifts. the position of the husband in the semenda-marriage " that the husband has no innate property, the husband enters the wife's kinship without bringing assets. after marriage, the husband automatically stays in the kinship of the wife and carries out his responsibilities as the eldest son in the wife's family.62 third, property rights jointly/search property. joint property is different from innate property, what is meant by joint property is property acquired or produced by a husband and wife while in a marriage bond, but the general term is often referred to as gono-gini assets. gono-gini assets are assets that have been collected 59 matthew hunt and eric k. acton, ‘“how’s the wife?”: pragmatic reasoning in spousal reference’, journal of pragmatics, 188 (2022), 152–70 https://doi.org/10.1016/j.pragma.2021.11.005 60 ana fauzia and fathul hamdani, ‘analysis of the implementation of the non-convictionbased concept in the practice of asset recovery of money laundering criminal act in indonesia from the perspective of presumption of innocence’, jurnal jurisprudence, 11.1 (2022), 57–67 https://doi.org/10.23917/jurisprudence.v11i1.13961 61 duman bahrami-rad, ‘keeping it in the family: female inheritance, inmarriage, and the status of women’, journal of development economics, 153 (2021) https://doi.org/10.1016/j.jdeveco.2021.102714 62 amelie alterauge and others, ‘beyond simple kinship and identification: adna analyses from a 17th-19th century crypt in germany’, forensic science international: genetics, 53 (2021) https://doi.org/10.1016/j.fsigen.2021.102498 https://doi.org/10.1016/j.pragma.2021.11.005 https://doi.org/10.23917/jurisprudence.v11i1.13961 https://doi.org/10.1016/j.jdeveco.2021.102714 https://doi.org/10.1016/j.fsigen.2021.102498 issn 2807-2812 journal of human rights, culture and legal system 151 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) during the household so that they become joint rights that will be used and utilized jointly by husband and wife. as in the household life of indigenous peoples, if a husband or wife wants to use these assets, they must first consult with their partner. however, if there is a divorce, the joint property will be divided in half according to the provisions of the applicable law.63 fourth, the property rights gifted. in a marriage, there are usually a number of gifts from both parents, relatives on the husband's side and relatives on the wife's side. the gift assets can be in the form of gift assets or gifts. after the marriage takes place in a semenda-marriage, the wife's parents and relatives give the property a gift which is handed over to the wife and husband to take care of and collect the proceeds and in terms of property rights, the property can be owned by the husband and wife.64 that's how customary law in asean countries regulates related to property rights, and it is also necessary to know the factors that affect household life in semenda-marriage, especially in asean countries, namely;65 mental well-being factor, mutual love and need as well as mutual assistance among family members, satisfaction in each other's work and studies, are indicators of a happy, prosperous and healthy soul in a semenda-marriage, physical health factors. this factor is no less important than the first factor because if family members are often sick it will result in a lot of expenses for doctors, medicines and hospitals, this will certainly reduce and hinder the achievement of family welfare in semenda-marriage and the balancing factor between spending money and family income, the reason is that not all lucky families can earn sufficient income. the problem is none other than the inability of the families concerned to plan their lives, so that expenses become unplanned. the very dominant influence in the married life in the semenda-marriage are; first, interpersonal communication. the one type of interpersonal communication used in interacting with married couples is that which is diadik, namely through communication in more intimate, deeper and personal situations. interpersonal communication that exists between husband and wife plays an important role in maintaining the continuity of the household.66 if a husband and wife show each 63 samia zouaoui and khaled rezeg, ‘islamic inheritance calculation system based on arabic ontology (arafamonto)’, journal of king saud university computer and information sciences, 33.1 (2021), 68–76 https://doi.org/10.1016/j.jksuci.2018.11.015 64 nancy ann watanabe, ‘chapter 8 man-and-wife coupling and need for artificially intelligent heavy vehicle technology in the long, long trailer’, autonomous and connected heavy vehicle technology, 2022, 161–82 https://doi.org/10.1016/b978-0-323-90592-3.00009-4 65 giacomo benati, carmine guerriero and federico zaina, ‘the origins of political institutions and property rights’, journal of comparative economics, 50.4 (2022), 946–68 https://doi.org/10.1016/j.jce.2022.07.002 66 xinwei dong, ‘intrahousehold property ownership, women’s bargaining power, and family structure’, labour economics, 78 (2022) https://doi.org/10.1016/j.labeco.2022.102239 https://doi.org/10.1016/j.jksuci.2018.11.015 https://doi.org/10.1016/b978-0-323-90592-3.00009-4 https://doi.org/10.1016/j.jce.2022.07.002 https://doi.org/10.1016/j.labeco.2022.102239 152 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) other a positive attitude towards their partner, interpersonal communication can run effectively. the creation of effective communication which is characterized by an open attitude, empathy, mutual support, positive attitude, and equality, between husband and wife makes good interpersonal relations so that harmony can be realized in marriage which is characterized by mutual understanding, mutual acceptance, mutual respect, mutual trust, and love for each other.67 second, spiritual intelligence, by having spiritual intelligence, married couples are able to be flexible in dealing with household conflicts and are able to place their behaviour more meaningfully. to create a harmonious family, it is necessary to have the existence and role of each family member as well as responsibility for the functions in the family. to foster awareness of roles and responsibilities in the family, spiritual understanding and intelligence is needed.68 third, values in marriage, this can be explained that couples who view marriage as something that must be maintained, something meaningful will try to maintain household unity by viewing partners as partners so that there is no gap in the roles between husband and wife so that an egalitarian, autonomous marriage is realized, and compatible. the description of values in an autonomous, egalitarian and harmonious marriage will create a harmonious marriage and will have an impact on harmonious family conditions.69 fourth, for forgiveness, married couples who have a forgiving attitude are likely to maintain the integrity of their family. they realize that humans easily make mistakes. if it is known that one of the partners made a mistake, then the other party with a very strong effort will forgive the wrong party. forgiveness is a very complex journey, including the ability to change affective, cognitive and behavioural systems.70 fifth, marital adjustments, marital adjustments are changes that occur during the marriage period between husband and wife to be able to meet the needs, desires and expectations of each party, as well as to resolve existing problems, so that both parties feel satisfied. marriage adjustment means there is mutual understanding between husband and wife in expressing differences between husband and wife by doing things that can increase 67 shiying zhang and others, ‘internet exposure during adolescence and age at first marriage’, journal of asian economics, 84 (2023) https://doi.org/10.1016/j.asieco.2022.101569 68 wing yee cheng, rebecca y.m. cheung and kevin kien hoa chung, ‘understanding adolescents’ perceived social responsibility: the role of family cohesion, interdependent selfconstrual, and social trust’, journal of adolescence, 89 (2021), 55–62 https://doi.org/10.1016/j.adolescence.2021.04.001 69 guowen huang and ruihua zhao, ‘harmonious discourse analysis: approaching peoples’ problems in a chinese context’, language sciences, 85 (2021) https://doi.org/10.1016/j.langsci.2021.101365 70 maría bernedo del carpio, francisco alpizar and paul j. ferraro, ‘time and risk preferences of individuals, married couples and unrelated pairs’, journal of behavioral and experimental economics, 97 (2022) https://doi.org/10.1016/j.socec.2021.101794 https://doi.org/10.1016/j.asieco.2022.101569 https://doi.org/10.1016/j.adolescence.2021.04.001 https://doi.org/10.1016/j.langsci.2021.101365 https://doi.org/10.1016/j.socec.2021.101794 issn 2807-2812 journal of human rights, culture and legal system 153 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) satisfaction in order to achieve harmonious family relations. the concept of marital adjustment indirectly indicates the existence of two individuals who learn from each other to accommodate their needs, desires and expectations with the needs, desires and expectations of their partners.71 4. conclusion semenda-marriage is a marriage in which the overall cost of the wedding from the beginning of the traditional procession to the reception is carried out by the woman. in general, in a semenda-marriage, after the marriage occurs, the power lies with the wife, and her legal position depends on the form of the prevailing semenda-marriage. the husband in this case does not really have a role and lacks responsibility for his household. the form of semenda-marriage if examined based on the marriage law, namely law no. 1 of 1974 and the compilation of islamic law (khi), there were several problems that were not in accordance with the applicable regulations. this is because in intermarriage, the husband is lower than the wife. the husband in this case does not really have a role and lacks responsibility for his household. theoretically, the rights and obligations in the family, the husband's position is as the head of the family and as the executor of household needs, this is because the husband has advantages by nature. in addition, the husband is a guide to his wife and children and the husband decides on household matters. based on the prevailing laws and regulations in indonesia, as stated in the compilation of islamic law article 79 paragraphs 1 and 2, it is stated that the husband is the head of the family and the wife is the housewife. so, the rights and position of the wife are balanced with the rights and position of the husband in domestic life and the association of living together in the household. thus, it can be clearly understood that husband and wife are partners and equal partners, therefore they must work together, complement each other, and respect each other. refrences abdullah, hijrah and hery zarkasih, ‘criticizing the muslim divorce tradition in lombok: an effort to control the women’s rights’, justicia islamica, 19 (2022), 57–73 https://doi.org/10.21154/justicia.v19i1.3168 alem, yonas, sied hassen and gunnar köhlin, ‘decision-making within the household: the role of division of labor and differences in preferences’, journal of economic behavior & organization, 207 (2023), 511–28 https://doi.org/10.1016/j.jebo.2023.01.022 al-sheyab, nihaya a, mohannad al nsour, yousef s khader, hind yousif, 71 xu shan and bin wu, ‘social relationship adjustments within the same sex promote marital bliss’, journal of theoretical biology, 550 (2022) https://doi.org/10.1016/j.jtbi.2022.111225 https://doi.org/10.21154/justicia.v19i1.3168 https://doi.org/10.1016/j.jebo.2023.01.022 https://doi.org/10.1016/j.jtbi.2022.111225 154 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) mohammad s alyahya, hana taha, and others, ‘midwives and women’s perspectives on family planning in jordan: human rights, gender equity, decision-making and power dynamics’, heliyon, 7 (2021) https://doi.org/10.1016/j.heliyon.2021.e07810 alterauge, amelie, sandra lösch, andrea sulzer, mario gysi and cordula haas, ‘beyond simple kinship and identification: adna analyses from a 17th-19th century crypt in germany’, forensic science international: genetics, 53 (2021) https://doi.org/10.1016/j.fsigen.2021.102498 anderberg, dan and alexander vickery, ‘the role of own-group density and local social norms for ethnic marital sorting: evidence from the uk’, european economic review, 138 (2021) https://doi.org/10.1016/j.euroecorev.2021.103774 auni, luthfi, abdul manan and al yasa’ abubakar, ‘factors changing the gayo ethnic’s traditional marriage procession in lut tawar sub-district of takengon, central aceh, indonesia’, samarah: jurnal hukum keluarga dan hukum islam, 6 (2022), 703–33 https://doi.org/10.22373/sjhk.v6i2.14888 bahrami-rad, duman, ‘keeping it in the family: female inheritance, inmarriage, and the status of women’, journal of development economics, 153 (2021) https://doi.org/10.1016/j.jdeveco.2021.102714 barnett, belinda, bec jenkinson and nigel lee, ‘the impact of a perineal care bundle on women’s birth experiences in queensland, australia: a qualitative thematic analysis’, women and birth, 2022 https://doi.org/10.1016/j.wombi.2022.09.002 benati, giacomo, carmine guerriero and federico zaina, ‘the origins of political institutions and property rights’, journal of comparative economics, 50 (2022), 946–68 https://doi.org/10.1016/j.jce.2022.07.002 budianto, agus, ‘legal research methodology reposition in research on social science’, international journal of criminology and sociology, 9 (2022), 1339–46 https://doi.org/10.6000/1929-4409.2020.09.154 carpio, maría bernedo del, francisco alpizar and paul j ferraro, ‘time and risk preferences of individuals, married couples and unrelated pairs’, journal of behavioral and experimental economics, 97 (2022) https://doi.org/10.1016/j.socec.2021.101794 chavez-dueñas, nayeli y and hector y adames, ‘parenting while undocumented: an intersectional socialization approach’, current opinion in psychology, 47 (2022) https://doi.org/10.1016/j.copsyc.2022.101441 chen, yi and yi zhao, ‘the timing of first marriage and subsequent life https://doi.org/10.1016/j.heliyon.2021.e07810 https://doi.org/10.1016/j.fsigen.2021.102498 https://doi.org/10.1016/j.euroecorev.2021.103774 https://doi.org/10.22373/sjhk.v6i2.14888 https://doi.org/10.1016/j.jdeveco.2021.102714 https://doi.org/10.1016/j.wombi.2022.09.002 https://doi.org/10.1016/j.jce.2022.07.002 https://doi.org/10.6000/1929-4409.2020.09.154 https://doi.org/10.1016/j.socec.2021.101794 https://doi.org/10.1016/j.copsyc.2022.101441 issn 2807-2812 journal of human rights, culture and legal system 155 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) outcomes: evidence from a natural experiment’, journal of comparative economics, 50 (2022), 713–31 https://doi.org/10.1016/j.jce.2022.04.005 cheng, wing yee, rebecca ym cheung and kevin kien hoa chung, ‘understanding adolescents’ perceived social responsibility: the role of family cohesion, interdependent self-construal, and social trust’, journal of adolescence, 89 (2021), 55–62 https://doi.org/10.1016/j.adolescence.2021.04.001 cherie, niguss, lemma getacher, alemayehu belay, teklemariam gultie, aleme mekuria, samrawit sileshi, and others, ‘modeling on number of children ever born and its determinants among married women of reproductive age in ethiopia: a poisson regression analysis’, heliyon, 2023 https://doi.org/10.1016/j.heliyon.2023.e13948 collin, matthew and theodore talbot, ‘are age-of-marriage laws enforced? evidence from developing countries’, journal of development economics, 160 (2023) https://doi.org/10.1016/j.jdeveco.2022.102950 dagdeviren, hulya and lianne oosterbaan, ‘gender differences in effective use of land rights in south india’, land use policy, 119 (2022) https://doi.org/10.1016/j.landusepol.2022.106212 dong, xinwei, ‘intrahousehold property ownership, women’s bargaining power, and family structure’, labour economics, 78 (2022) https://doi.org/10.1016/j.labeco.2022.102239 fauzia, ana and fathul hamdani, ‘analysis of the implementation of the nonconviction-based concept in the practice of asset recovery of money laundering criminal act in indonesia from the perspective of presumption of innocence’, jurnal jurisprudence, 11 (2022), 57–67 https://doi.org/10.23917/jurisprudence.v11i1.13961 feng, fei, xia wang and tianxiang chen, ‘analysis of the attributes of rights to inferred information and china’s choice of legal regulation’, computer law & security review, 41 (2021) https://doi.org/10.1016/j.clsr.2021.105565 fiskin, gamze and esra sari, ‘evaluation of the relationship between youth attitudes towards marriage and motivation for childbearing’, children and youth services review, 121 (2021) https://doi.org/10.1016/j.childyouth.2020.105856 geovani, iwoeng, siti nurkhotijah, harry kurniawan, feby milanie and rico nur ilham, ‘juridical analysis of victims of the economic exploitation of children under the age to realize legal protection from human rights aspects’, international journal of educational review, law and social sciences, 1 (2021), 45–52 https://doi.org/10.54443/ijerlas.v1i1.10 https://doi.org/10.1016/j.jce.2022.04.005 https://doi.org/10.1016/j.adolescence.2021.04.001 https://doi.org/10.1016/j.heliyon.2023.e13948 https://doi.org/10.1016/j.jdeveco.2022.102950 https://doi.org/10.1016/j.landusepol.2022.106212 https://doi.org/10.1016/j.labeco.2022.102239 https://doi.org/10.23917/jurisprudence.v11i1.13961 https://doi.org/10.1016/j.clsr.2021.105565 https://doi.org/10.1016/j.childyouth.2020.105856 https://doi.org/10.54443/ijerlas.v1i1.10 156 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) guiso, luigi and luana zaccaria, ‘from patriarchy to partnership: gender equality and household finance’, journal of financial economics, 147 (2023), 573–95 https://doi.org/10.1016/j.jfineco.2023.01.002 harada, kazuhiro, muhammad habib, yumi sakata and ahmad maryudi, ‘the role of ngos in recognition and sustainable maintenance of customary forests within indigenous communities: the case of kerinci, indonesia’, land use policy, 113 (2022) https://doi.org/10.1016/j.landusepol.2021.105865 huang, guowen and ruihua zhao, ‘harmonious discourse analysis: approaching peoples’ problems in a chinese context’, language sciences, 85 (2021) https://doi.org/10.1016/j.langsci.2021.101365 hunt, matthew and eric k acton, ‘“how’s the wife?”: pragmatic reasoning in spousal reference’, journal of pragmatics, 188 (2022), 152–70 https://doi.org/10.1016/j.pragma.2021.11.005 khan, samreen s, nanda k tawale, archana patel, michael j dibley and ashraful alam, ‘“my husband is my family.” the culture of pregnancy disclosure and its implications on early pregnancy registration in a child nutrition intervention in rural maharashtra, india’, midwifery, 103 (2021) https://doi.org/10.1016/j.midw.2021.103141 khundrakpam, prakash and jayanta krishna sarmah, ‘patriarchy and patriarchal customs in the meitei society of manipur’, women’s studies international forum, 96 (2023) https://doi.org/10.1016/j.wsif.2023.102674 liu, yixin, yu liu and zuobao wei, ‘property rights protection, financial constraint, and capital structure choices: evidence from a chinese natural experiment’, journal of corporate finance, 73 (2022) https://doi.org/10.1016/j.jcorpfin.2022.102167 lou, wen, zilong su, jiangen he and kai li, ‘a temporally dynamic examination of research method usage in the chinese library and information science community’, information processing & management, 58 (2021) https://doi.org/10.1016/j.ipm.2021.102686 luz, nimrod, ‘religiocity in acre: religious processions, parades, and festivities in a multi-religious city’, cities, 127 (2022) https://doi.org/10.1016/j.cities.2022.103765 manullang, sardjana orba, ‘understanding the sociology of customary law in the reformation era: complexity and diversity of society in indonesia’, linguistics and culture review, 5 (2021), 16–26 https://doi.org/10.21744/lingcure.v5ns3.1352 mckenzie, jessica and kajai c xiong, ‘fated for foreigners: ecological realities https://doi.org/10.1016/j.jfineco.2023.01.002 https://doi.org/10.1016/j.landusepol.2021.105865 https://doi.org/10.1016/j.langsci.2021.101365 https://doi.org/10.1016/j.pragma.2021.11.005 https://doi.org/10.1016/j.midw.2021.103141 https://doi.org/10.1016/j.wsif.2023.102674 https://doi.org/10.1016/j.jcorpfin.2022.102167 https://doi.org/10.1016/j.ipm.2021.102686 https://doi.org/10.1016/j.cities.2022.103765 https://doi.org/10.21744/lingcure.v5ns3.1352 issn 2807-2812 journal of human rights, culture and legal system 157 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) shape perspectives of transnational marriage in northern thailand’, international journal of intercultural relations, 82 (2021), 121–34 https://doi.org/10.1016/j.ijintrel.2021.03.010 mcmanus, ryan m, jordyn e mason and liane young, ‘re-examining the role of family relationships in structuring perceived helping obligations, and their impact on moral evaluation’, journal of experimental social psychology, 96 (2021) https://doi.org/10.1016/j.jesp.2021.104182 mu, zheng, ‘marrying young in indonesia: voices, laws and practices, mies grijns, hoko horii, sulistyowati irianto, and pinky saptandari (eds.), 2019, singapore: iseas – yusof ishak institute’, asian journal of social science, 50 (2022), 76–77 https://doi.org/10.1016/j.ajss.2022.01.005 nasution, jamilah, ‘ethnozoology in traditional marriage ceremony of mandailing tribe in north sumatra’, journal of tropical ethnobiology, 5 (2022), 30–35 https://doi.org/10.46359/jte.v5i1.105 octavianna, yessy, robert sibarani, hamzon situmorang and namsyah hot hasibuan, ‘the impact of marpaniaran “traditional dance of women” of toba batak wedding ceremony for women’s physical and mental health’, namsyah hot hasibuan, 35 (2021), s537–39 https://doi.org/10.1016/j.gaceta.2021.07.030 pan, changjian, jawad abbas, susana álvarez-otero, hina khan and cheng cai, ‘interplay between corporate social responsibility and organizational green culture and their role in employees’ responsible behavior towards the environment and society’, journal of cleaner production, 366 (2022) https://doi.org/10.1016/j.jclepro.2022.132878 pudyastiwi, elisabeth and agoes djatmiko, ‘the legality of marriage according to law no. 1 of 1974 concerning marriage is reviewed from the law of the agreement’, jurnal pendidikan kewarganegaraan undiksha, 9 (2021), 937–44 https://doi.org/10.23887/jpku.v9i3.40170 rahiem, maila dh, ‘covid-19 and the surge of child marriages: a phenomenon in nusa tenggara barat, indonesia’, child abuse & neglect, 118 (2021) https://doi.org/10.1016/j.chiabu.2021.105168 sabir, muhammad, aris and iin mutmainnah, ‘the problems of the khi on article 7 about the marriage isbat in a religious court’, syariah: jurnal hukum dan pemikiran, 21 (2021), 68–87 https://doi.org/10.18592/sjhp.v21i1.3994 setiawan, dani, ‘inter-religious marriage: a controversial issue in indonesia’, contemporary issues on interfaith law and society, 1 (2022), 23–38 https://doi.org/10.1016/j.ijintrel.2021.03.010 https://doi.org/10.1016/j.jesp.2021.104182 https://doi.org/10.1016/j.ajss.2022.01.005 https://doi.org/10.46359/jte.v5i1.105 https://doi.org/10.1016/j.gaceta.2021.07.030 https://doi.org/10.1016/j.jclepro.2022.132878 https://doi.org/10.23887/jpku.v9i3.40170 https://doi.org/10.1016/j.chiabu.2021.105168 https://doi.org/10.18592/sjhp.v21i1.3994 158 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) https://doi.org/10.15294/ciils.v1i1.56711 shan, xu and bin wu, ‘social relationship adjustments within the same sex promote marital bliss’, journal of theoretical biology, 550 (2022) https://doi.org/10.1016/j.jtbi.2022.111225 sofiana, neng eri and muhammad ismail sunni, ‘the application of article 53 of khi (islamic law compilation) regarding pregnant marriage in lottery marriage’, jurnal ilmiah al-syir’ah, 19 (2021), 122–35 https://doi.org/10.30984/jis.v19i1.1453 stites, elizabeth, roxani krystalli, alex humphrey and nyuon moses gathuoy, ‘cattle to cash: changing marriage practices among displaced people in bentiu, south sudan’, women’s studies international forum, 94 (2022) https://doi.org/10.1016/j.wsif.2022.102632 subawa, i made pasek, ‘the meaning of social construction hindu community exogamy marriage in bali’, vidyottama sanatana: international journal of hindu science and religious studies, 6 (2022), 118–23 https://doi.org/10.25078/vidyottama.v6i1.658 tan, qingmei, zixuan liu and peixuan geng, ‘family involvement, family member composition and firm innovation’, china journal of accounting research, 14 (2021), 43–61 https://doi.org/10.1016/j.cjar.2020.12.003 taruk, elim wilsen, ‘intercaste marriage in the context of toraja: towards contextual theology of intercaste marriage in toraja’, quaerens: journal of theology and christianity studies, 3 (2021), 155–71 https://doi.org/10.46362/quaerens.v3i2.76 watanabe, nancy ann, ‘chapter 8 man-and-wife coupling and need for artificially intelligent heavy vehicle technology in the long, long trailer’, autonomous and connected heavy vehicle technology, 2022, 161–82 https://doi.org/10.1016/b978-0-323-90592-3.00009-4 wismayanti, yanuar farida, patrick o’leary, clare tilbury and yenny tjoe, ‘the problematization of child sexual abuse in policy and law: the indonesian example’, child abuse & neglect, 118 (2021) https://doi.org/10.1016/j.chiabu.2021.105157 yulianto, je, d hodgetts, p king and jh liu, ‘navigating tensions in inter-ethnic marriages in indonesia: cultural, relational, spatial and material considerations’, international journal of intercultural relations, 86 (2021), 227–39 https://doi.org/https://doi.org/10.1016/j.ijintrel.2021.12.008 zarea, rafif, ‘law and culture : reconceptualization and case studies law and visual jurisprudence’, international journal for the semiotics of law, 5 (2022), https://doi.org/10.15294/ciils.v1i1.56711 https://doi.org/10.1016/j.jtbi.2022.111225 https://doi.org/10.30984/jis.v19i1.1453 https://doi.org/10.1016/j.wsif.2022.102632 https://doi.org/10.25078/vidyottama.v6i1.658 https://doi.org/10.1016/j.cjar.2020.12.003 https://doi.org/10.46362/quaerens.v3i2.76 https://doi.org/10.1016/b978-0-323-90592-3.00009-4 https://doi.org/10.1016/j.chiabu.2021.105157 https://doi.org/https:/doi.org/10.1016/j.ijintrel.2021.12.008 issn 2807-2812 journal of human rights, culture and legal system 159 vol. 3, no. 2, july 2023, pp. 134-159 asrizal saiin, et al,. (the property rights regulation, semenda marriage…) 2527–2531 https://doi.org/10.1007/s11196-022-09938-x zhang, hanzhe and ben zou, ‘a marriage-market perspective on risk-taking and career choices’, european economic review, 152 (2023) https://doi.org/10.1016/j.euroecorev.2023.104379 zhang, shiying, qing wang, yao xiao and yilin zhang, ‘internet exposure during adolescence and age at first marriage’, journal of asian economics, 84 (2023) https://doi.org/10.1016/j.asieco.2022.101569 zhao, yucong, bing ye and jinchuan shi, ‘gender identity, preference, and relative income within households’, china economic review, 71 (2022) https://doi.org/10.1016/j.chieco.2021.101741 zheng, qiuxia, niels noorderhaven and jian du, ‘making the unlikely marriage work: the integration process of chinese strategic asset-seeking acquisitions’, journal of world business, 57 (2022) https://doi.org/10.1016/j.jwb.2021.101305 zouaoui, samia and khaled rezeg, ‘islamic inheritance calculation system based on arabic ontology (arafamonto)’, journal of king saud university computer and information sciences, 33 (2021), 68–76 https://doi.org/10.1016/j.jksuci.2018.11.015 https://doi.org/10.1007/s11196-022-09938-x https://doi.org/10.1016/j.euroecorev.2023.104379 https://doi.org/10.1016/j.asieco.2022.101569 https://doi.org/10.1016/j.chieco.2021.101741 https://doi.org/10.1016/j.jwb.2021.101305 https://doi.org/10.1016/j.jksuci.2018.11.015 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 236 https://doi.org/10.53955/jhcls.v3i2.70 journalhumanrightslegalsystem@gmail.com the sanctions on environmental performances: an assessment of indonesia and brazilia practice m. zaid a*, m. musa a, fadhel arjuna adinda a, lamberton cait b afaculty of law, universitas islam riau, pekanbaru, indonesia. buniversity of pennsylvania, philadelphia, united states. *corresponding author: m.zaid@law.uir.ac.id 1. introduction the formation of the concepts of law concerning global environment began with environmental catastrophes that transcended national borders, thus the leaders of the nations involved in these cases understood the significance of laws that control international or cross-border environmental contamination. the trail smelter arbitration (united states vs. canada), which challenged air pollution from iron ore smelting in canada that poisoned washington state in the united states, is the first transboundary environmental calamity.1 1 hilaire tegnan and others, ‘mining corruption and environmental degradation in indonesia: critical legal issues’, bestuur, 9.2 (2021), 90–100. https://doi.org/10.20961/bestuur.v9i2.55219 a r t i c l e i n f o a b s t r a c t article history received: january 10, 2023. revised: march 13, 2023. accepted: may 18, 2023. this study aims to offer an overview of the effect of environmental law sanctions, particularly criminal sanctions for restoring environmental functions for firms, on restoring environmental functions in indonesia and brazil. using conceptual techniques, statutory methodologies, and comparative legal approaches with brazil, this study examines how norms emerge in the law. the research shows that criminal sanctions for environmental function restoration in indonesia have not had their full intended effect and often lead to confusion over their implementation since they do not specify a means of gauging whether or not their goals have been met. this discovery also suggests that criminal consequences for environmental function restoration have not been utilized to their full potential. this is because criminal sanctions do not offer a mechanism for gauging the degree to which ecological restoration efforts have been fruitful. brazil, which is more likely to apply administrative sanctions and has a better impact, conducts a wide range of things, including imposing fines, canceling company licenses, and other preventative steps used to anticipate excessive environmental exploitation. brazil has taken these precautions to avoid the negative effects of environmental overexploitation. the actions are in effect to ensure that environmental exploitation does not reach unsustainable levels. this is an open-access article under the cc–by 4.0 license. keywords brazilia; corporations; environmental; indonesia; sanction; mailto:journalhumanrightslegalsystem@gmail.com mailto:m.zaid@law.uir.ac.id https://doi.org/10.20961/bestuur.v9i2.55219 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 237 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) the u.s. government demanded that canada pay compensation and cease iron smelting activities (injunction) due to future pollution of the u.s. territory. canada rejected the proposals because it believed it had the right to establish industries on its territory. the arbitrator who resolved this issue, however, believed that “the state has the right to conduct activities within its territory, but is also obligated to ensure that such activities do not cause disturbance/loss to the territory of other countries.” in essence, this is indicated by 'the state must protect other countries from the activities of individuals/entities within its jurisdiction so as not to cause harm to other countries.', meaning that a state is always obligated to protect other states from harmful acts committed by individuals within its jurisdiction).3 the "lac lanoux arbitration (france vs. spain)" case has also encouraged the international community to consider the significance of a worldwide environmental law system. this lawsuit involves the use of water from lake lanoux, which falls under the authority of france. nonetheless, it is believed that this construction (project) would alter the course of the river via spanish territory, as the river's source is lake lanoux. prior to this occurrence, france and spain had signed the "treaty of bayonne" on may 26, 1866, which stipulated that work on lake lanoux had to be approved by both sides. therefore, when france initiated a project without prior consent, spain requested that it be canceled since it was deemed a violation of the agreement and would disrupt the flow of rivers in spain and the lives of spanish inhabitants. the matter was eventually determined by an arbitration panel, which ruled that france "did not violate" the treaty of bayonne since france "considered" spain's rights over the water of lake lanoux, which flows into spanish territory, prior to constructing the dam.5 this case demonstrates that a country does not have "absolute freedom" to use its natural resources and must take into account the interests of other nations whose pursuits may be jeopardized by growth inside their territory. this case simultaneously demonstrates that the environmental effect recognizes no administrative borders.6 the 1967 collision of the torrey canyon tanker with a reef in northwest england was one of the incidents that influenced the formation of international environmental law. this catastrophe resulted in oil contamination in the british and french waters and complicated legal complications due to the american owner. union, a ship registered in liberia with an international crew, 3pujiyono suwadi and others, ‘legal comparison of the use of telemedicine between indonesia and the united states’, international journal of human rights in healthcare, ahead-of-p.ahead-of-print (2022) https://doi.org/10.1108/ijhrh-04-2022-0032 5 alexandre kiss and dinah shelton, ‘strict liability in international environmental law’, law of the sea, environmental law and settlement of disputes: liber amicorum judge thomas a. mensah, 2007, 1131–51 https://doi.org/10.1163/ej.9789004161566.i-1188.183 6 widiatedja parikesit and muhammad q shah, ‘the rise of centralistic governance in spatial planning in indonesia and australia: a comparative study’, bestuur, 11.1 (2023), 121–43 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.70120 https://doi.org/10.1108/ijhrh-04-2022-0032 https://doi.org/10.1163/ej.9789004161566.i-1188.183 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.70120 238 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) contaminated the waters of england and france.8 this fact requires a complex legal settlement and opens the eyes of legal practitioners, the shipping industry, and environmentalists because the impact of pollution is unprecedented. therefore, several legal regimes have emerged after this incident aimed at protecting the sea from oil spills.9 since environmental issues transcend the limits of government and state management, these environmental disasters have increased human awareness of the significance of conserving the environment and enforcing its laws. air, water, and sea are three essential aspects of environment or nature to humanity, and were selected as examples in the three scenarios shown above. if the quality of these sources of life is compromised, it will endanger the lives of all living creatures, including people. it should also be mentioned that international environmental legislation formed after these events is still specialized or sectorial because it regulates just a single problem. the torrey canyon event, for instance, spurred the debate of international regulations in the field of oil spills from tankers, as well as a number of regulations addressing safety standards for large tankers. as i argue in chapter 1 of this book, subsequent advances in international law were more affected by scientific investigations, such as the publishing of the silent spring (1962) and meadows and meadows, the limits to growth (1972) by rachel carson. (1972). these books succeeded in creating a new awareness of the significance of environmental protection, so that heads of state and government were persuaded to declare a comprehensive legal instrument to protect the planet and attempt to strike a balance between the importance of "development" (development) and "environmental protection" (environmental protection).10 environmental issues in developing nations such as indonesia are distinct from those in developed nations. environmental concerns in indonesia are frequently the result of "development" initiatives by the government or society (both people and legal entities).11 in the end, numerous environmental issues in indonesia directly and indirectly diminish environmental quality. however, all parties must equally acknowledge that large-scale infrastructure development is essential for the advancement of civilization. the positive effects of infrastructure development include a rise in regional income and improvement in the well-being of the 8 gregory rose, ‘australian law to combat illegal logging in indonesia: a gossamer chain for transnational enforcement of environmental law’, review of european, comparative and international environmental law, 26.2 (2017), 128–38 https://doi.org/10.1111/reel.12206 9 keith macmaster, ‘environmental liability for deep seabed mining in the area: an urgent case for a robust strict liability regime’, ocean yearbook online, 33.1 (2019), 339–76 https://doi.org/10.1163/9789004395633_014 10michael g. faure, ‘effectiveness of environmental law: what does the evidence tell us?’, ssrn electronic journal, 36.2 (2012) https://doi.org/10.2139/ssrn.2165715 11suwari akhmaddhian, haris budiman, and rahul bhandari, ‘the strengthening government policies on mineral and coal mining to achieve environmental sustainability in indonesia, africa and germany’, bestuur, 11.1 (2023), 95–120 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.71279 https://doi.org/10.1111/reel.12206 https://doi.org/10.1163/9789004395633_014 https://doi.org/10.2139/ssrn.2165715 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.71279 issn 2807-2812 journal of human rights, culture and legal system 239 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) populace.14 however, the negative effects are equally significant, including the preservation of environmental functions, the depletion of natural resources owing to overexploitation, air pollution caused by industrial pollutants, and the development of economic infrastructure that is associated with environmental destruction.15 thus, large-scale infrastructure development must include sustainable development to reduce negative repercussions. cases in indonesia involving environmental damage as a result of the production of a corporation or development appendages include the lapindo brantas case, which does not pollute the environment to routine cases each year, namely the export of smoke to neighboring countries, namely malaysia and singapore, resulting from the burning of forest areas by forest management rights (henceforth abbreviated as the hph) holders, and many others. obviously, these two cases violated the constitutional rights of indonesian residents and society to live in a healthy environment, as well as human rights, as a good and healthy environment is a part of human rights. there were four cases in the history of environmental pollution in japan, notably the itai-itai case (cadmium pollution), the minamata case (nigata), the kumamoto case, kyusu (mercury poisoning), and the yokkaichi air pollution case. the itai-itai case was exposed in the toyama city region in 1910. in 1968, specialists and the japanese ministry of health and welfare determined that cadmium pollution produced itai-itai sickness (it hurts, it hurts). minamata happened in nigata in 1965 due to mercury poisoning, while minamata occurred in kumamoto bay nine years earlier.16 there is also a well-known incidence of contamination by b-3 waste, especially the 1962 article named silent spring by rachel carson. ddt residues infiltrated the food chain in deep-sea squid, antarctic penguins, and human adipose tissue, according to the book. the article by rachel carson exemplifies human avarice in the past as it related to the food industry. where excessive ddt usage causes ddt to accumulate in the bodies of humans and animals.18 in contrast to the authors’ portrayal, such issues are typically not properly addressed in the indonesian setting. parties directly or indirectly associated with the environment must enhance their environmental knowledge and sensitivity in 14donna okthalia setiabudhi, ahsan yunus, and andi rifky, ‘the role of land management paradigm towards certainty and justice’, bestuur, 11.1 (2023), 43–60 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.71710 15a.tauda and gunawa, ‘cryptocurrency: highlighting the approach, regulations, and protection in indonesia and european union’, bestuur, 11.1 (2023), 1–25 https://doi.org/10.20961/bestuur.v11i1.67125 16muhamad haris and others, ‘bestuur governing indonesia ’ s plan to halt bauxite ore exports : is indonesia ready to fight lawsuit at the wto ?’, bestuur, 11.1 (2023), 26–42 https://doi.org/10.20961/bestuur.v11i1.69178 18 lego karjoko and others, ‘indonesia’s sustainable development goals resolving waste problem: informal to formal policy’, international journal of sustainable development and planning, 17.2 (2022), 649–58 https://doi.org/10.18280/ijsdp.170230 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.71710 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.67125 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.69178 https://doi.org/10.18280/ijsdp.170230 240 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) order to combat all types of environmental challenges in indonesia. then, in terms of the parties' knowledge, the mindset of the indonesian people as a whole, which solely considers immediate or personal concerns, continues to prevail in the minds of individuals. this is supported by a belief that nature belongs to everyone, and not entrusted to children and grandchildren, where everyone can see and observe that the export of smoke, which occurs regularly each year, is evidence of a lack of concern from the private sector for the environment, for example, hph holders who burn tens or even hundreds of thousands of hectares of forest each year to clear land for agriculture and plantations.20 according to fringer, the current global environmental crisis is caused by at least several factors, including incorrect and failed policies; inefficient technology that tends to harm the environment; low political commitment, ideas, and ideology that ultimately harm the environment; deviant actions and behavior of state actors; the spread of cultural patterns like consumerism and individualism; and unguided individuals. departing from this perspective, what is required to overcome environmental problems is better policymaking; new and different technologies; increased political and public commitment; the creation of pro-environmental ideas and ideologies (green thinking); the management of deviant actors; and the modification of cultural patterns, behavior, and awareness of each individual to control environmental impacts.22 environmental impact control is an endeavor to supervise an activity performed by everyone, particularly businesses having a substantial influence on the environment. in this instance, environmental impact is defined as the influence of environmental changes caused by a business and/or activity, such that the protection and management of the environment is an obligation of the state, government, and all stakeholders in the implementation of sustainable development, so that the indonesian environment can continue to serve as a source of life and support for the indonesian people and other living things. in this instance, the construction of legal products in indonesia must emphasize the prevention and management of environmental harm.25 in the past decade, environmental issues have become increasingly prevalent. recent globalization in numerous industries has not been spared and is tied to the emergence of environmental issues. pollution and environmental degradation frequently result from the production or growth of individuals and businesses. as an ecosystem, the environment has a mechanism that can preserve its equilibrium. 20gary f. peters and andrea m. romi, ‘discretionary compliance with mandatory environmental disclosures: evidence from sec filings’, journal of accounting and public policy, 32.4 (2013), 213–36 https://doi.org/10.1016/j.jaccpubpol.2013.04.004 22 ngoc hanh tran, limin fu, and dirk michael boehe, ‘how does urban air pollution affect corporate environmental performance?’, journal of cleaner production, 383.august 2022 (2023), 135443 https://doi.org/10.1016/j.jclepro.2022.135443 25risno mina, ‘desentralisasi perlindungan dan pengelolaan lingkungan hidup sebagai alternatif penyelesaian permasalahan lingkungan hidup’, arena hukum, 9.2 (2016), 149–65 https://doi.org/10.21776/ub.arenahukum.2016.00902.1 https://doi.org/10.1016/j.jaccpubpol.2013.04.004 https://doi.org/10.1016/j.jclepro.2022.135443 https://doi.org/https:/doi.org/10.21776/ub.arenahukum.2016.00902.1 issn 2807-2812 journal of human rights, culture and legal system 241 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) whenever there is an imbalance in the ecosystem, it will eventually recover on its own since the biological cycles inside it are capable of conducting self-repair. currently, however, there are numerous environmental harms that it cannot heal on its own. this degradation is produced in part by garbage that contaminates land, water, and air. environmental problems may be averted and addressed within the framework of constitutional democracy through the development of legal standards that take into account environmental sustainability alongside social, political, and economic factors. with its binding character, the law may be used to alter the direction of environmental and natural resource management, which has depended too much on harmful extraction to date. there is a constitutional guarantee in indonesia that serves as the basis for the design of all environmental legislation and regulations. article 28 h paragraph (1) of the 1945 constitution of the republic of indonesia regulates the environment as a component of human rights, and article 33 paragraph 4 of the 1945 constitution regulates the environment as a principle for implementing an environmentally sound national economy.26 according to asshiddiqie, this regulation is a component of the indonesian constitution that not only acknowledges the sovereignty of the people and the rule of law but also recognizes the sovereignty of the environment.27 these two clauses also demonstrate the inclusion of sustainable development ideas in the 1945 constitution. the articles of the 1945 constitution suggest that it is possible to declare unlawful all development legislation that is exploitative and disregards environmental sustainability and sustainability by the constitutional court of the republic of indonesia (mk ri) by law no. 24 of 2003 of the constitutional court. law number 14 of 1985, as amended by law number 3 of 2009 concerning the supreme court of the republic of indonesia and regulation of the supreme court of the republic of indonesia number 1 of 2011 concerning the right to judicial review, allows the supreme court of the republic of indonesia (ma ri) to review policies in the form of statutory regulations under laws.29 one of the measures used by the government to limit environmental damage is the criminalization of environmental damage perpetrators, such that the phrase environmental crime has become commonplace. environmental crimes are controlled under law number 32 of 2009 on the protection and management of the environment (henceforth abbreviated as the pplh law), wherein the wording of the pplh law acknowledges corporate responsibility for environmental crimes. 26mohammad jamin and others, ‘the impact of indonesia’s mining industry regulation on the protection of indigenous peoples’, hasanuddin law review, 9.1 (2023), 88–105 https://doi.org/10.20956/halrev.v9i1.4033j 27j. handayani, i. g. a. k. r., karjoko, l., jaelani, a. k., & barkhuizen, ‘the politics settlement of land tenure conflicts during jokowi’s presidency’, journal of indonesian legal studies, 7.2 (2022), 487–524 https://doi.org/10.15294/jils.v7i2.57539 29 mohammad jamin and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/10.20956/halrev.v9i1.4033 https://doi.org/https:/doi.org/10.15294/jils.v7i2.57539 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 242 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) the pplh law governs the application of sanctions against: 1) commercial entities; and/or 2) the person who gave the command to commit crimes or the person who led the criminal activities.30 the corporations are shown to have committed environmental crimes, punishments are issued to those who gave orders or served as leaders, regardless of whether the crime was done individually or collectively.31 in addition, corporations may be subject to additional criminal sanctions if they are proven to have committed environmental crimes, including 1) confiscation of profits derived from criminal acts; 2) closing all or part of the place of business and/or activity; 3) improvement as a result of a crime; 4) the obligation to do what is neglected without rights; and/or 5) placing the company under guardianship for up to three years.32 it is intriguing to debate "corrections due to criminal acts" as extra criminal penalties for firms found to have committed environmental crimes. given that the pplh law does not quantify the success of the extra criminal sentence imposed on the business, this additional criminal sanction poses a difficulty. this is what the authors mean by legal ambiguity on the application of extra criminal punishments in the form of "remedial criminal acts" for businesses. the environment, however, should not engage in actions that render a judgment unenforceable. as this is understood to have occurred from the beginning, there was no explicit plan to apply further criminal consequences for businesses in the form of "crime improvement." this study attempts to propose a solution by establishing new, appropriate, and enforceable criminal penalties for corrective activities resulting from environmental crimes committed by businesses. in brazil, enforcing penalties for firms that break environmental laws typically takes the form of administrative law measures, such as the imposition of fines or the cancellation of company licenses, depending on the severity of the infraction. these measures are intended to deter future environmental law violations. however, brazil does not rule out the possibility of utilizing criminal law instruments in the process of enforcing environmental laws, even though this approach is extremely efficient and has a beneficial impact. this is evident from the fact that in 2019, a court in brazil sentenced a total of 13 individuals to a combined 287 years in jail for their role in the illegal clearing of forest land in the amazon rainforest. not only does the application of such sanctions assist to send the 30 adiguna bagas waskito aji and others, ‘social justice on environmental law enforcement in indonesia: the contemporary and controversial cases’, the indonesian journal of international clinical legal education, 2.1 (2020), 57–72 https://doi.org/10.15294/ijicle.v2i1.37324 31 indah nur shanty saleh and bita gadsia spaltani, ‘environmental judge certification in an effort to realize the green legislation concept in indonesia’, law and justice, 6.1 (2021), 1–18 https://doi.org/10.23917/laj.v6i1.13695 32 laura liliana huaranca and others, ‘social perspectives on deforestation, land use change, and economic development in an expanding agricultural frontier in northern argentina’, ecological economics, 165.april (2019), 106424 https://doi.org/10.1016/j.ecolecon.2019.106424 https://doi.org/10.15294/ijicle.v2i1.37324 https://doi.org/10.23917/laj.v6i1.13695 https://doi.org/10.1016/j.ecolecon.2019.106424 issn 2807-2812 journal of human rights, culture and legal system 243 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) message that crimes committed against the environment will not be allowed, but it also helps to dissuade other people from doing such acts. 2. research methods this study is normative legal research, employing the case method, statutory approach, comparative legal approach, and conceptual approach based on legal certainty in further additional criminal sanction of "restoration of environmental function" in environmental offenses committed by corporations. specifically, the study is centered on the environmental offenses committed by corporations.34 to put it another way, one could say that the findings of this study cast doubt on the existence and legal certainty of additional criminal sanctions for corporations concerning the restoration of environmental functions as regulated in article 119 letter b of the law of the republic of indonesia number 32 of 2009 concerning environmental protection and management. this law was passed with the aim of improving environmental protection and management in indonesia.36 this study takes a comparative law approach by using brazil as a comparative nation to examine the administrative law approach and criminal consequences for environmental criminal offenses perpetrated by corporations in brazil. the legal comparison is performed by looking at the legal strategy that brazil implemented in its legal system to overcome the prevention of environmental damage by applying sanctions in its legal system against environmental damage committed by corporations. 3. results and discussion the impact of sanctions on environmental performance in indonesia as an extra criminal penalty system, the authors included a passing reference to the position of sanctions for restoring environmental functions against environmental crimes perpetrated by companies at the opening of the text. before discussing the criminal provisions in the law, it is necessary to define the criminal in this paper so that it is easier to comprehend the meaning of the crime itself. from this definition, it confirms that whether a lawyer must always include criminal sanctions for enforcing the law itself or whether they are not required to be stated, both of which are criminal policies or policies determining criminal penalties by legislators.38 34elias erragragui and others, ‘stock market reactions to corporate misconduct: the moderating role of legal origin’, economic modelling, 121.january (2023), 106197 https://doi.org/10.1016/j.econmod.2023.106197 36katherine sievert and others, ‘what’s really at “steak”? understanding the global politics of red and processed meat reduction: a framing analysis of stakeholder interviews’, environmental science and policy, 137.august (2022), 12–21 https://doi.org/10.1016/j.envsci.2022.08.007 38 rian saputra, ‘development of creative industries as regional leaders in national tourism efforts based on geographical indications’, bestuur, 8.2 (2020), 121–28 https://doi.org/10.20961/bestuur.43139 https://doi.org/10.1016/j.econmod.2023.106197 https://doi.org/10.1016/j.envsci.2022.08.007 https://doi.org/10.20961/bestuur.43139 244 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) according to simon, a punishment or strap is a pain tied by criminal law to a norm breach and inflicted by a judge on a guilty person.39 van hamel defines punishment as a particular type of suffering imposed by the competent authority to impose a sentence on behalf of the state as the person responsible for public law involvement for an offender, namely solely because the offender has violated a legal regulation that must be upheld by the country.40 although there is a little distinction in their usage, criminal and punishment are frequently similar terms. people outside of criminal law are permitted to use the term punishment. punishment is a broad word for any legal repercussions for breaching a legal standard. the sanction for violating the standards of criminal law is disciplinary punishment. for violations of civil law, the penalty is civil punishment, and for violations of administrative law, the penalty is administrative punishment. people sometimes remark that punishment may also be perceived as a sanction, yet the concept is slightly different because sanction is interpreted as a threat or danger. according to the great indonesian dictionary (kbbi), penalties can have both bad and good connotations. the negative connotation refers to a reward in the form of hardship or pain, while the positive connotation refers to a reward in the form of a gift or a legally established gift. in daily life, punishments are frequently regarded as a negative reward. 43 in law, the word sanction is occasionally used to combine administrative sanctions, civil sanctions, and criminal punishments into a single chapter or section. the word "criminal sanction" is difficult to comprehend if the term sanction is understood as "punishment" since it will mean "criminal punishment," and it will be much more difficult to comprehend if the term criminal is interpreted as "punishment". in the english legal system, sanctions are described as "the penalty or punishment provided as a means of enforcing compliance with 39 purniawati purniawati, nikmatul kasana, and rodiyah rodiyah, ‘good environmental governance in indonesia (perspective of environmental protection and management)’, the indonesian journal of international clinical legal education, 2.1 (2020), 43–56 https://doi.org/10.15294/ijicle.v2i1.37328 40 edy lisdiyono, ‘improving legal argument critically in the litigation mechanism in indonesia (an empirical study of environmental verdicts)’, sriwijaya law review, 1.1 (2017), 64–73 https://doi.org/10.28946/slrev.vol1.iss1.10.pp080-092 43charles baah and others, ‘examining the correlations between stakeholder pressures, green production practices, firm reputation, environmental and financial performance: evidence from manufacturing smes’, sustainable production and consumption, 27 (2021), 100–114 https://doi.org/10.1016/j.spc.2020.10.015 https://doi.org/10.15294/ijicle.v2i1.37328 https://doi.org/10.28946/slrev.vol1.iss1.10.pp080-092 https://doi.org/10.1016/j.spc.2020.10.015 issn 2807-2812 journal of human rights, culture and legal system 245 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) the law”.45 in dutch, sanction signifies both "agreement" and "a means of coercion as a penalty for not complying with the agreement”.46 since a criminal is the driving force of criminal law, the definition of criminal is inseparable from the word “criminal law”. according to moeljatno, criminal law is a component of a country's prevailing law, which provides the fundamentals and guidelines for society,47 such as 1) determine which actions may not be carried out, which are prohibited, accompanied by threats or sanctions in the form of specific penalties for those who violate the prohibition; 2) determine when and in what cases those who have violated these prohibitions can be imposed or sentenced to punishment as has been threatened; 3) determine in what way the imposition of the penalty can be carried out if a person is suspected of having violated the prohibition. according to remmelink, the term "criminal law" was first used to refer to all laws that describe what criteria are obligatory on the state if it is intended to declare a criminal law, as well as regulations that define what types of punishment are authorized. today, the term "criminal law" refers specifically to regulations that define what types of punishment are authorized. in the context of this discussion, the term "criminal law" refers to either the relevant criminal law or the positive criminal law, which is also commonly referred to as jus poenale. among these criminal statutes are the following: 1) instructions and prohibitions on infractions against them by organs designated competent by law are coupled with (threats of crime); standards that everyone is obligated to respect; 2) laws that prescribe what means can be utilized as a reaction to transgressions of certain norms; this is known as penitential legislation or, more generally, the law on punishments. 3) decide how the imposition of the penalty can be performed in the event that it is suspected that a person has broken the ban.48 according to packer, the rational foundation of criminal law is composed of three fundamental principles: guilt, violation, and punishment. these ideas are commonly called "three fundamental tenets" of criminal law. they involves the following aspects : (1) what actions must be determined as criminal acts (crimes); (2) what provisions must be determined if someone is known (allegedly) to be connected to a crime; 45 kishan khoday and usha natarajan, ‘fairness and international environmental law from below: social movements and legal transformation in india’, leiden journal of international law, 25.2 (2012), 415–41 https://doi.org/10.1017/s0922156512000118 46 wahyu nugroho, ‘relationship between environmental management policy and the local wisdom of indigenous peoples in the handling of covid-19 in indonesia’, onati socio-legal series, 11.3 (2021), 860–82 https://doi.org/10.35295/osls.iisl/0000-0000-0000-1193 47 nadia astriani, ‘legal politics of water resources management in indonesia: environmental perspective’, mimbar hukum fakultas hukum universitas gadjah mada, 30.1 (2018), 185 https://doi.org/10.22146/jmh.28664 48yoon young chun and others, ‘what will lead asian consumers into circular consumption? an empirical study of purchasing refurbished smartphones in japan and indonesia’, sustainable production and consumption, 33 (2022), 158–67 https://doi.org/10.1016/j.spc.2022.06.015 https://doi.org/10.1017/s0922156512000118 https://doi.org/10.35295/osls.iisl/0000-0000-0000-1193 https://doi.org/10.22146/jmh.28664 https://doi.org/10.1016/j.spc.2022.06.015 246 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) and (3) what should be done against someone who is known to be connected to a criminal act. in addition to the definitions of criminal, penalty, sanction, and law that were presented earlier, the definition of "crime" is going to be brought up quite a bit in the discussion that is going to follow. illegal law scholars have extensively addressed the issue of preventing illegal activities through the application of criminal penalties since this is a highly intriguing topic relating to the ultimum remedium character of these criminal punishments. the legislator's criminal decision is a policy for criminalizing or punishing conduct that was not previously a criminal crime. a second issue is criminal law, which today imposes fines not only on persons (individuals) but also on organizations.49 the problem lies not only in its execution but also in the question of criminal accountability and the repercussions if a company is penalized with a reasonably hefty fine or is subjected to an extra sanction in the form of license revocation. the weighing against it is justifiable due to the fact that the repercussions of companies undertaking illegal conduct are often extremely destructive to society. the magnitude, pattern, and formulation of criminal fines stated in the criminal code bill (henceforth abbreviated as the ruu kuhp) and those defined in laws outside the kuhp would impede the reform of criminal provisions that have been or will be implemented in accordance with laws outside the kuhp.50 remmelink explained why the state takes action when a crime is committed and why it inflicts misery. this is considered to be a suitable instrument since it motivates the government to behave well and prevent injustice. here, criminal law serves as a response to social and psychological dangers.52 consequentialists believe that the presence of punishment is justifiable if the punishment produces good if it avoids worse outcomes, and if there are no other choices that would produce equally good (or terrible) outcomes. in the philosophy of punishment, justification for criminal punishment is constantly sought. in a theoretical debate on punishment, packer seeks to include two conceptual perspectives, each with distinct moral implications, into his argument.53 49 fachruddin majeri mangunjaya and jeanne elizabeth mckay, ‘reviving an islamic approach for environmental conservation in indonesia’, worldviews: environment, culture, religion, 16.3 (2012), 286–305 https://doi.org/10.1163/15685357-01603006 50abdul kadir jaelani, reza octavia kusumaningtyas, and asron orsantinutsakul, ‘the model of mining environment restoration regulation based on sustainable development goals’, legality : jurnal ilmiah hukum, 30.1 (2022), 131–46 https://doi.org/10.22219/ljih.v30i1.20764 52 adriaan bedner, ‘consequences of decentralization: environmental impact assessment and water pollution control in indonesia’, law and policy, 32.1 (2010), 38–60 https://doi.org/10.1111/j.1467-9930.2009.00313.x 53 mahrus ali and m. arif setiawan, ‘penal proportionality in environmental legislation of indonesia’, cogent social sciences, 8.1 (2022) https://doi.org/10.1080/23311886.2021.2009167 https://doi.org/10.1163/15685357-01603006 https://doi.org/10.22219/ljih.v30i1.20764 https://doi.org/10.1111/j.1467-9930.2009.00313.x https://doi.org/10.1080/23311886.2021.2009167 issn 2807-2812 journal of human rights, culture and legal system 247 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) the first perspective is a retributive one, which perceives punishment as a negative incentive for any deviant action perpetrated by members of the general public. the utilitarian perspective examines punishment from the perspective of its benefits or applications. the first perspective holds that everyone is accountable for their own moral decisions. if the decision is accurate, he receives positive reinforcements such as praise, flattery, accolades, etc. however, if he is in the wrong, he must be held accountable and punished (negative reward). therefore, the rationale for administering punishment is based on the premise that punishment is a negative incentive for accepting responsibility for errors. this approach sees punishment solely as punishment and as retribution for wrongdoing based on each individual's moral responsibility. this first approach is considered to be backward-looking, that is, it looks backward at the mistakes done in order to impose a sentence, and as a result of this orientation, punishment in this view tends to be corrective and oppressive.54 the second perspective (utilitarian) focuses on the scenario or condition that should result from enforcing a punishment. the imposition of a sentence must be seen in terms of its goal, advantages, or application for the aim of improvement and prevention. on the one hand, punishment is designed to change the convict's attitude or conduct so that he will not repeat the same offense in the future. on the other hand, the purpose of punishment is to deter others from doing similar offenses. this second viewpoint is prospective and preventative at the same time.55 in terms of executing the concept of punishment, the second viewpoint is perceived as more desirable. today, preventive perspectives and coaching are regarded as more current, and they have affected criminal political policies in several nations across the globe. packer contends that a third position, the behavioral view, which is only a modification of the traditional utilitarian view, is emerging now. in this third perspective, the notions of moral responsibility and free will are dismissed as mere illusions or wishful thinking, since human conduct is dictated by factors beyond the control of any one individual.56 according to the third position, the role of the law, as stated by packer, is anticipated to produce a change in the individual's personality. this behaviorism is also prospective, meaning that punishment is not viewed as retribution for offenders, but as a tool to alter the behavior of convicted individuals. in contrast to 54 shazny ramlan, ‘religious law for the environment: comparative islamic environmental law in singapore, malaysia, and indonesia’, ssrn electronic journal, 15, 2019 https://doi.org/10.2139/ssrn.3405923 55carlos eduardo lourenco and others, ‘we need to talk about infrequent high volume household food waste: a theory of planned behaviour perspective’, sustainable production and consumption, 33 (2022), 38–48 https://doi.org/10.1016/j.spc.2022.06.014 56 amir hatamkhani, ali moridi, and masoud asadzadeh, ‘water allocation using ecological and agricultural value of water’, sustainable production and consumption, 33 (2022), 49–62 https://doi.org/10.1016/j.spc.2022.06.017 https://doi.org/10.2139/ssrn.3405923 https://doi.org/10.1016/j.spc.2022.06.014 https://doi.org/10.1016/j.spc.2022.06.017 248 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) the utilitarian perspective, the behaviorist perspective is founded on strong determinism. considered to have no free will, human beings cannot be held strictly accountable for their actions. every antisocial conduct is the result of several causes that are beyond the individual's control. the notion of punishment in indonesia is still based on preventative and counseling perspectives, which are regarded as more current nowadays. as a result, it impacts numerous criminal political measures in indonesia, including the determination of legal penalties. this perspective shifted, however, as lawmakers tended to always condemn someone with a long-term punishment and apply an unusual minimum penalty for those who violate the law. in the framework of carrying out government duties, offenders and policymakers (government) require more than punishment. such situations make policymakers fear performing their responsibilities. in contrast, in most european nations, fines, administrative sanctions, or compensation are used to make punishments more effective and to achieve the intended purpose. criminal matters include policies on the determination of punishments and perspectives on the function of punishment. the policy of imposing punishments is likewise inextricable from the problem of the criminal policy's overall aims. regarding additional criminal sanctions in the form of restoration of environmental functions for perpetrators of corporate environmental crimes, which confuse its application, the authors suggest several things to streamline the application of additional criminal sanctions in the form of restoration of environmental functions against corporate criminals, based on expediency and legal certainty. these suggestions are made in light of the fact that additional criminal sanctions in the form of restoration of environmental functions cause confusion in its application. as a result, one of the media of contemporary legal philosophy is the concept of legal certainty. it is relevant and reasonable if the additional punishment in the form of restoring the function of the environment so that it can be used as it was before is pursued by incorporating legal certainty and adding conditions, methods, and measures of success to ensure that its successful implementation is achieved. this would ensure that the environment can be used as it was before.58 the damage done to the environment throughout the world and in indonesia needs to have a more serious tone, with an emphasis on prevention and strict legal action against those who are responsible for the destruction of the environment. in light of the hard fact that damage to the environment is no longer confined to particular regions of the world but has instead become a problem that affects the 58corinne vitale, ‘understanding the shift toward a risk-based approach in flood risk management, a comparative case study of three italian rivers’, environmental science and policy, 146.may (2023), 13–23 https://doi.org/10.1016/j.envsci.2023.04.015 https://doi.org/10.1016/j.envsci.2023.04.015 issn 2807-2812 journal of human rights, culture and legal system 249 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) entire planet, it is clear that more has to be done.59 an environmental problem can be broken down into three categories, according to stewart and krier: first, there is environmental pollution; second, there is improper usage or use of land; and third, there is excessive dredging that causes the depletion of natural resources. if one follows a single line of reasoning, then it follows that the indiscriminate and excessive use of natural resources is inextricably linked to the degradation of environmental quality, which includes the depletion of natural resources, pollution, and other forms of environmental damage.60 the environmental damage that has taken place in indonesia is quite worrying, and it has even reached the point where it has the potential to bring numerous environmental harms to future generations. this means that, in the end, future generations will have environmental problems because of environmental damage that took place in the past. therefore, what needs to be emphasized is that the environment needs to be regarded and controlled for sustainable life, and not just for growth and equal development. this is something that must or ought to be emphasized.61 in indonesia, there is still a severe lack of awareness regarding environmental sustainability in and of itself, which means that it will be even more challenging to lessen the impact of environmental issues in the future due to the current lack of awareness. as a result, in this particular scenario, what needs to be improved in order to achieve environmental sustainability is awareness regarding the significance of preserving and protecting the environment.62 in environmental management, engaging with the law is essential as a method of achieving our goals and satisfying our interests. since law concerning environment is still a relatively new field of study, the majority of its content can be found in administrative law (administratiefrecht). also, since environmental law incorporates features of other subfields of law, such as civil, criminal, tax, international, and land use planning law, it cannot be placed in any of the traditional categories of law (public and private).63 therefore, the law concerning environment generates divisions, such as administrative environmental law, civil environmental law, and criminal environmental law. these three subfields of 59adrianus eryan wisnu wibowo, ‘penegakan hukum lingkungan melalui pertanggungjawaban perdata’, jurnal hukum lingkungan indonesia, 4.2 (2018), 183–86 https://doi.org/10.38011/jhli.v4i2.66 60 eric rahmanul hakim, ‘penegakan hukum lingkungan indonesia dalam aspek kepidanaan’, media keadilan: jurnal ilmu hukum, 11.1 (2020), 43 https://doi.org/10.31764/jmk.v11i1.1615 61 stephen a. sutton and others, ‘“village” as verb: sustaining a transformation in disaster risk reduction from the bottom up’, environmental science and policy, 137.november 2021 (2022), 40– 52 https://doi.org/10.1016/j.envsci.2022.08.009 62 suwari akhmaddhian, ‘discourse on creating a special environmental court in indonesia to resolve environmental disputes’, bestuur, 8.2 (2020), 129 https://doi.org/10.20961/bestuur.v8i2.42774 63 li li and others, ‘urban residents’ acceptance of recycled water: an improved innovationdecision model considering the needs satisfied and social characteristics’, sustainable production and consumption, 33 (2022), 1005–17 https://doi.org/10.1016/j.spc.2022.08.026 https://doi.org/10.38011/jhli.v4i2.66 https://doi.org/10.31764/jmk.v11i1.1615 https://doi.org/10.1016/j.envsci.2022.08.009 https://doi.org/10.20961/bestuur.v8i2.42774 https://doi.org/10.1016/j.spc.2022.08.026 250 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) environmental law are described below. however, the application of the method of legal approach should not be done in a haphazard manner; rather, it should be determined which legal approach is more practicable or advantageous in terms of the goal of effective and efficient prevention and enforcement of the repair of the damaged environment itself. the impact on environmental performances in brazil human activities pose an ever-increasing risk to brazil's unique and delicate ecosystem, which is located in a country that is rich in biodiversity.64 as a means of enforcing environmental laws and regulating their compliance, the government of brazil has instituted both administrative and criminal sanctions. in the following paragraphs, the authors investigate how the imposition of these sanctions altered brazil's environmental performance.65 to begin, administrative sanctions are defined as fines that are not considered criminal in nature and are administered by government bodies to ensure compliance with environmental legislation. the brazilian institute of environment and renewable natural resources is the primary-regulatory authority in brazil that is responsible for implementing environmental regulations (henceforth abbreviated as the ibama).66 ibama has the authority to apply administrative sanctions, which may take the form of fines, the seizure of equipment and products, a halt to activity, or the closure of facilities.67 compliance with laws governing the environment has improved as a result of brazilian employment of administrative punishments, which have been effective. ibama has been successful in levying hefty fines against businesses and individuals who infringe upon environmental standards.68 as a result, others have been dissuaded from engaging in activities of a similar nature. as an illustration, in 2019, ibama levied a fine of $26 million on a mining business for causing damage to the environment in the amazon rainforest. the imposition of such fines 64 martin delaroche, françois michel le tourneau, and marion daugeard, ‘how vegetation classification and mapping may influence conservation: the example of brazil’s native vegetation protection law’, land use policy, 122.september (2022), 106380 https://doi.org/10.1016/j.landusepol.2022.106380 65 deise tatiane bueno miola and others, ‘silent loss: misapplication of an environmental law compromises conservation in a brazilian biodiversity hotspot’, perspectives in ecology and conservation, 17.2 (2019), 84–89 https://doi.org/10.1016/j.pecon.2019.04.001 66 simone athayde and others, ‘viewpoint: the far-reaching dangers of rolling back environmental licensing and impact assessment legislation in brazil’, environmental impact assessment review, 94.january (2022) https://doi.org/10.1016/j.eiar.2022.106742 67 kleber isaac silva de souza and others, ‘environmental damage of urbanized stream corridors in a coastal plain in southern brazil’, ocean and coastal management, 211.april (2021) https://doi.org/10.1016/j.ocecoaman.2021.105739 68 luciana gomes barbosa, maria alice santos alves, and carlos eduardo viveiros grelle, ‘actions against sustainability: dismantling of the environmental policies in brazil’, land use policy, 104.february (2021), 105384 https://doi.org/10.1016/j.landusepol.2021.105384 https://doi.org/10.1016/j.landusepol.2022.106380 https://doi.org/10.1016/j.pecon.2019.04.001 https://doi.org/10.1016/j.eiar.2022.106742 https://doi.org/10.1016/j.ocecoaman.2021.105739 https://doi.org/10.1016/j.landusepol.2021.105384 issn 2807-2812 journal of human rights, culture and legal system 251 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) conveys unequivocally the message that environmental infractions will not be tolerated and serves to encourage regulatory compliance.69 second, the authors have the concept of criminal sanctions, which refers to punishments that are handed down by a court of law after a criminal prosecution. the brazilian environmental crimes law is a piece of legislation that governs illegal activities related to the environment in brazil.70 individuals and businesses who violate environmental laws face consequences under this law in the form of sanctions, such as monetary fines, imprisonment, and mandatory community service. the brazilian employment of criminal punishments has shown to be an effective means of discouraging individuals and organizations from engaging in illegal activities related to the environment.71 for instance, in 2019, a court in brazil sentenced 13 individuals to a combined total of 287 years in jail for their participation in the unlawful destruction of forestland in the amazon rainforest. the imposition of such terms not only helps to communicate the message that crimes against the environment will not be allowed, but also helps to discourage others from indulging in such actions.72 the use of both administrative and criminal sanctions in brazil has resulted in an improvement in the country's environmental performance. companies have been motivated to adopt more environmentally friendly operations and to comply with environmental legislation as a result of the possibility of being subject to penalty. in addition, the fines and other punishments that were handed down to those who broke the law have contributed to making up for the harm that was done to the environment.73 on the other hand, utilizing administrative and criminal sanctions both come with their own unique sets of difficulties. the slow and cumbersome nature of brazilian legal system is one of the country's many obstacles. since some cases can take years to be settled, the effectiveness of 69 vinicius b.f. costa and others, ‘socioeconomic and environmental consequences of a new law for regulating distributed generation in brazil: a holistic assessment’, energy policy, 169.august (2022) https://doi.org/10.1016/j.enpol.2022.113176 70 luciana gomes barbosa, maria alice santos alves, and carlos eduardo viveiros grelle, ‘actions against sustainability: dismantling of the environmental policies in brazil’, land use policy, 104.october 2020 (2021), 105384 https://doi.org/10.1016/j.landusepol.2021.105384 71 eve bratman and cristiane bená dias, ‘development blind spots and environmental impact assessment: tensions between policy, law and practice in brazil’s xingu river basin’, environmental impact assessment review, 70.march 2017 (2018), 1–10 https://doi.org/10.1016/j.eiar.2018.02.001 72 simone athayde and others, ‘viewpoint: the far-reaching dangers of rolling back environmental licensing and impact assessment legislation in brazil’, environmental impact assessment review, 94.august 2021 (2022) https://doi.org/10.1016/j.eiar.2022.106742 73jie wang and others, ‘environmental justice, infrastructure provisioning, and environmental impact assessment: evidence from the california environmental quality act’, environmental science and policy, 146.may (2023), 66–75 https://doi.org/10.1016/j.envsci.2023.05.003 https://doi.org/10.1016/j.enpol.2022.113176 https://doi.org/10.1016/j.landusepol.2021.105384 https://doi.org/10.1016/j.eiar.2018.02.001 https://doi.org/10.1016/j.eiar.2022.106742 https://doi.org/10.1016/j.envsci.2023.05.003 252 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) sanctions as a deterrent can often be diminished as a result.76 in addition, the implementation of environmental regulations might vary from one region of the country to another, which can lead to disparities in the punishment meted out to those who violate the regulations.77 in spite of this, the application of administrative and criminal punishments in brazil has resulted in an improvement in the country's environmental performance.78 companies have been incentivized to comply with environmental standards by the possibility of facing sanctions, and the fines and penalties that have been levied on violators have helped compensate for the damage that they have caused to the environment.79 on the other hand, the employment of sanctions is not performed without its drawbacks, the most notable of which is a sluggish judicial system and inconsistent compliance with environmental standards. it is necessary to have a legal system that is both more efficient and effective, as well as an enforcement of environmental standards that is more consistent across the country, in order to guarantee that the effectiveness of sanctions as a deterrent will be realized.81 the criminal sanctions for corporates recovering environmental functions environmental sanctions have been used in several countries to promote compliance with environmental regulations and to reduce environmental damage. however, the impact of sanctions on the stability of climate coalitions in countries such as indonesia and brazilia is an area that needs further exploration. in this 76rachel irwin and others, ‘increasing tree cover on irish dairy and drystock farms: the main attitudes, influential bodies and barriers that affect agroforestry uptake’, environmental science and policy, 146.2020026 (2023), 76–89 https://doi.org/10.1016/j.envsci.2023.03.022 77thiago lima klautau de araújo and others, ‘brazilian amazônia, deforestation and environmental degradation: analyzing the process using game, deterrence and rational choice theories’, environmental science and policy, 117.january (2021), 46–51 https://doi.org/10.1016/j.envsci.2020.12.010 78thiago lima klautau de araújo and others, ‘brazilian amazônia, deforestation and environmental degradation: analyzing the process using game, deterrence and rational choice theories’, environmental science and policy, 117.august 2019 (2021), 46–51 https://doi.org/10.1016/j.envsci.2020.12.010 79pedro bigolin neto and alexandra mallett, ‘public participation in environmental impact assessment processes through various channels – can you listen to us now? lessons from a brazilian mining case’, extractive industries and society, 13.november 2022 (2022), 101186 https://doi.org/10.1016/j.exis.2022.101186 81alexandra mallett and others, ‘environmental impacts of mining in brazil and the environmental licensing process: changes needed for changing times?’, extractive industries and society, 8.3 (2021) https://doi.org/10.1016/j.exis.2021.100952 https://doi.org/10.1016/j.envsci.2023.03.022 https://doi.org/10.1016/j.envsci.2020.12.010 https://doi.org/10.1016/j.envsci.2020.12.010 https://doi.org/10.1016/j.exis.2022.101186 https://doi.org/10.1016/j.exis.2021.100952 issn 2807-2812 journal of human rights, culture and legal system 253 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) study, the authors examine the impact of sanctions on the stability of climate coalitions in indonesia and brazil.83 indonesia is one of the world’s largest greenhouse gas emitters due to deforestation and the burning of peatlands. the country has implemented a number of measures to reduce emissions, including the establishment of a climate coalition with norway to reduce deforestation. however, the implementation of these measures has been hindered by corruption and inadequate law enforcement. the use of sanctions in indonesia has been limited due to a lack of political will and inadequate legal frameworks. environmental violations are often ignored or under-penalized due to corruption and lack of resources. this has resulted in weak law enforcement and a lack of deterrence for violators.85 the impact of weak environmental sanctions on the stability of climate coalitions in indonesia is significant. the lack of effective sanctions can undermine the credibility of climate coalitions and reduce the incentives for countries to cooperate. this can lead to a breakdown in cooperation and a reduction in the effectiveness of climate change mitigation efforts. brazilia is another country that has faced challenges in addressing climate change due to deforestation and weak environmental regulations.86 the country has implemented a number of measures to reduce emissions, including the establishment of the amazon fund, which provides financial incentives for sustainable development and reducing deforestation87. the use of sanctions in brazil has been perceived as a more effective way than that of indonesia, with both administrative and criminal sanctions being imposed for environmental violations. however, the legal system in brazil is slow and bureaucratic, and cases can take years to be resolved. this can 83 maria juschten and ines omann, ‘evaluating the relevance, credibility and legitimacy of a novel participatory online tool’, environmental science and policy, 146.may (2023), 90–100 https://doi.org/10.1016/j.envsci.2023.05.001 85 paulo horta and others, ‘brazil fosters fossil fuel exploitation despite climate crises and the environmental vulnerabilities’, marine policy, 148.november 2022 (2023), 2021–24 https://doi.org/10.1016/j.marpol.2022.105423 86 t. p. assis, f. f. cordeiro, and l. c. schiavon, ‘how stock market reacts to environmental disasters and judicial decisions: a case study of mariana’s dam collapse in brazil’, international review of law and economics, 73.november 2022 (2023), 106105 https://doi.org/10.1016/j.irle.2022.106105 87 carlos a. peres, joão campos-silva, and camila duarte ritter, ‘environmental policy at a critical junction in the brazilian amazon’, trends in ecology and evolution, 38.2 (2023), 113–16 https://doi.org/10.1016/j.tree.2022.11.011 https://doi.org/10.1016/j.envsci.2023.05.001 https://doi.org/10.1016/j.marpol.2022.105423 https://doi.org/10.1016/j.irle.2022.106105 https://doi.org/10.1016/j.tree.2022.11.011 254 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) reduce the effectiveness of sanctions as a deterrent and undermine the stability of climate coalitions.88 the impact of environmental sanctions on the stability of climate coalitions in brazil is less significant than in indonesia.89 however, the slow legal system can still undermine the effectiveness of sanctions and lead to a reduction in the incentives for countries to cooperate.91 the slow legal system in brazil could reduce the effectiveness of sanctions as a deterrent.92 to ensure the stability of the climate coalition, effective and efficient environmental sanctions and a strong legal framework to enforce environmental regulations are needed. this will help drive compliance with environmental regulations and reduce environmental damage, as well as promote cooperation and stability in global efforts to address climate change.93 in the authors’ view, there are at least several things that need to be considered to enlarge the effectiveness of administrative sanctions and criminal sanctions for corporations in environmental law in indonesia in particular. in the perspective of criminal law whose orientation is criminal sanctions.95 in addition, if the concept of criminal aggravation geared toward environmental conservation is further examined, it has implications for inappropriately placing "deprivation of profits derived from criminal acts," "closure of all or part of places of business and/or activities," "improvement as a result of criminal acts," "obligation to do what is neglected without rights," and/or "placement of companies under guardianship" as additional punishments in the pplh law. these punishments are more severe than jail, confinement, and fines, as evidenced by their severity. 88 gabriel cardoso carrero and others, ‘land grabbing in the brazilian amazon: stealing public land with government approval’, land use policy, 120.april (2022), 106133 https://doi.org/10.1016/j.landusepol.2022.106133 89adrien comte, clément surun, and harold levrel, ‘measuring and managing for environmental sustainability. an application of the environmental sustainability gap (esgap) framework in new caledonia’, environmental science and policy, 146.may (2023), 113–22 https://doi.org/10.1016/j.envsci.2023.05.007 91 arthur nicolaus fendrich and others, ‘taxation aiming environmental protection: the case of brazilian rural land tax’, land use policy, 119.april (2022) https://doi.org/10.1016/j.landusepol.2022.106164 92 l. massaro and others, ‘balancing economic development and environmental responsibility: perceptions from communities of garimpeiros in the brazilian amazon’, resources policy, 79.october (2022), 103063 https://doi.org/10.1016/j.resourpol.2022.103063 93 miguel frohlich and others, ‘towards adaptive coastal management law: lessons from australia and brazil’, ocean and coastal management, 219.september 2021 (2022), 106057 https://doi.org/10.1016/j.ocecoaman.2022.106057 95 shohreh soltani and others, ‘exergetic and enviromental assessment of a photovoltaic thermalthermoelectric system using nanofluids: indoor experimental tests’, energy conversion and management, 218.november 2019 (2020) https://doi.org/10.1016/j.enconman.2020.112907 https://doi.org/10.1016/j.landusepol.2022.106133 https://doi.org/10.1016/j.envsci.2023.05.007 https://doi.org/10.1016/j.landusepol.2022.106164 https://doi.org/10.1016/j.resourpol.2022.103063 https://doi.org/10.1016/j.ocecoaman.2022.106057 https://doi.org/10.1016/j.enconman.2020.112907 issn 2807-2812 journal of human rights, culture and legal system 255 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) for instance, when a person is ordered to restore all the environmental damage resulting from a crime that has been shown to have caused substantial harm, the associated expenses are far more than a $5 billion punishment. therefore, it confirms that the action sanctions outlined in environmental laws and regulations should not be regulated as additional punishments, but should stand alone as action sanctions, so that the application or imposition of sanctions need not be cumulative with the principal punishment, in this case, fines.96 the question of whether or not an additional criminal term for restoring environmental services ought to become the primary criminal consequence has been at the heart of dispute for a very long time. when it comes to violations of environmental laws that are committed by businesses, the pplh law governs the following,.97 law number 32 of 2009 on environmental protection and management precisely regulates penalties for environmental offenses. additional fines and additional research have elements that distinguish them from conventional criminal consequences for environmental offenses. first, confiscation of earnings from illicit activity. regarding the advantages and designation of the intended profit deprivation, no regulations are more stringent. second, administrative punishments, such as revocation of business licenses by the state administrative court, can also lead to the closure of all or a portion of the real place of business and/or activity.98 third, the improvement as a result of a crime cannot be clearly defined, given that the improvement as a result of a crime, particularly for environmental damage, is measurable and can overlap with the obligation to restore the environment in civil law enforcement. fourth, the obligation to do what is neglected without rights is quite difficult to define, given that in cases of heavy pollution or environmental damage, it tends to be difficult for environmental functions to be reestablished. fifth, the execution of placing a firm under guardianship for up to three years needs an environmental manager whose task it is to restore the corporate environmental management function to its pre-pollution 96 john mccarthy and zahari zen, ‘regulating the oil palm boom: assessing the effectiveness of environmental governance approaches to agro-industrial pollution in indonesia’, law and policy, 32.1 (2010), 153–79 https://doi.org/10.1111/j.1467-9930.2009.00312.x 97 scott adam edwards and felix heiduk, ‘hazy days: forest fires and the politics of environmental security in indonesia’, journal of current southeast asian affairs, 34.3 (2015), 65–94 https://doi.org/10.1177/186810341503400303 98 ruslan renggong, abd haris hamid, and yulia yulia, ‘investigating law enforcement for coral reef conservation of the spermonde archipelago, indonesia’, asian journal of conservation biology, 11.1 (2022), 3–11 https://doi.org/10.53562/ajcb.61904 https://doi.org/10.1111/j.1467-9930.2009.00312.x https://doi.org/10.1177/186810341503400303 https://doi.org/10.53562/ajcb.61904 256 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) or pre-destruction state. it has not yet been formally governed by statutes and rules.99 however, there is currently no assurance for the company so long as it continues to engage in measures to restore environmental functions. nobody else is responsible for harming the environment. for instance, when a company is found guilty of committing a criminal act of river pollution in its production process and is ordered to restore environmental functions, the question then arises “what if, during the process of restoring the environment, it is discovered that other parties (e.g., the community) are also polluting the river environment?” this certainly results in efforts to improve environmental conditions.100 4. conclusion according to the findings, the criminal sanction for the restoration of environmental functions has not yet had its maximum impact. also, it has a tendency to give rise to an ambiguity in the application since it does not have any measure of the success of the intention to restore the environment. additionally, the findings indicate that the criminal sanction for the restoration of environmental functions has not yet reached its maximum potential. this is due to the fact that the criminal sentence does not provide a means of determining whether or not the goal of restoring the ecosystem was successful. brazil, which is more likely to use administrative sanctions and has a better impact, does a variety of things, such as the provision of fines, the revocation of business licenses, and other preventive measures used to anticipate excessive exploitation of the environment. these are all measures that brazil takes to anticipate excessive exploitation of the environment. these measures are conducted in order to prepare for unsustainable levels of environmental exploitation. 99truly santika and others, ‘heterogeneous impacts of community forestry on forest conservation and poverty alleviation: evidence from indonesia’, people and nature, 1.2 (2019), 204– 19 https://doi.org/10.1002/pan3.25 100nathalina naibaho and others, ‘criministrative law: developments and challenges in indonesia’, indonesia law review, 11.1 (2021) https://doi.org/10.15742/ilrev.v11n1.647 https://doi.org/10.1002/pan3.25 https://doi.org/10.15742/ilrev.v11n1.647 issn 2807-2812 journal of human rights, culture and legal system 257 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) references a.tauda, and gunawa, ‘cryptocurrency: highlighting the approach, regulations, and protection in indonesia and european union’, bestuur, 11.1 (2023), 1–25 https://doi.org/10.20961/bestuur.v11i1.67125 aji, adiguna bagas waskito, puji wiyatno, ridwan arifin, and ubaidillah kamal, ‘social justice on environmental law enforcement in indonesia: the contemporary and controversial cases’, the indonesian journal of international clinical legal education, 2.1 (2020), 57–72 https://doi.org/10.15294/ijicle.v2i1.37324 akhmaddhian, suwari, ‘discourse on creating a special environmental court in indonesia to resolve environmental disputes’, bestuur, 8.2 (2020), 129 https://doi.org/10.20961/bestuur.v8i2.42774 akhmaddhian, suwari, haris budiman, and rahul bhandari, ‘the strengthening government policies on mineral and coal mining to achieve environmental sustainability in indonesia, africa and germany’, bestuur, 11.1 (2023), 95–120 https://doi.org/10.20961/bestuur.v11i1.71279 ali, mahrus, and m. arif setiawan, ‘penal proportionality in environmental legislation of indonesia’, cogent social sciences, 8.1 (2022) https://doi.org/10.1080/23311886.2021.2009167 assis, t. p., f. f. cordeiro, and l. c. schiavon, ‘how stock market reacts to environmental disasters and judicial decisions: a case study of mariana’s dam collapse in brazil’, international review of law and economics, 73.november 2022 (2023), 106105 https://doi.org/10.1016/j.irle.2022.106105 astriani, nadia, ‘legal politics of water resources management in indonesia: environmental perspective’, mimbar hukum fakultas hukum universitas gadjah mada, 30.1 (2018), 185 https://doi.org/10.22146/jmh.28664 athayde, simone, alberto fonseca, suely m.v.g. araújo, amarilis l.c.f. gallardo, evandro m. moretto, and luis e. sánchez, ‘viewpoint: the far-reaching dangers of rolling back environmental licensing and impact assessment legislation in brazil’, environmental impact assessment review, 94.january (2022) https://doi.org/10.1016/j.eiar.2022.106742 ———, ‘viewpoint: the far-reaching dangers of rolling back environmental licensing and impact assessment legislation in brazil’, environmental impact assessment review, 94.august 2021 (2022) https://doi.org/10.1016/j.eiar.2022.106742 baah, charles, douglas opoku-agyeman, innocent senyo kwasi acquah, yaw agyabeng-mensah, ebenezer afum, daniel faibil, and others, ‘examining the correlations between stakeholder pressures, green production practices, https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.67125 https://doi.org/10.15294/ijicle.v2i1.37324 https://doi.org/10.20961/bestuur.v8i2.42774 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.71279 https://doi.org/10.1080/23311886.2021.2009167 https://doi.org/10.1016/j.irle.2022.106105 https://doi.org/10.22146/jmh.28664 https://doi.org/10.1016/j.eiar.2022.106742 https://doi.org/10.1016/j.eiar.2022.106742 258 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) firm reputation, environmental and financial performance: evidence from manufacturing smes’, sustainable production and consumption, 27 (2021), 100– 114 https://doi.org/10.1016/j.spc.2020.10.015 barbosa, luciana gomes, maria alice santos alves, and carlos eduardo viveiros grelle, ‘actions against sustainability: dismantling of the environmental policies in brazil’, land use policy, 104.february (2021), 105384 https://doi.org/10.1016/j.landusepol.2021.105384 ———, ‘actions against sustainability: dismantling of the environmental policies in brazil’, land use policy, 104.october 2020 (2021), 105384 https://doi.org/10.1016/j.landusepol.2021.105384 bedner, adriaan, ‘consequences of decentralization: environmental impact assessment and water pollution control in indonesia’, law and policy, 32.1 (2010), 38–60 https://doi.org/10.1111/j.1467-9930.2009.00313.x bratman, eve, and cristiane bená dias, ‘development blind spots and environmental impact assessment: tensions between policy, law and practice in brazil’s xingu river basin’, environmental impact assessment review, 70.march 2017 (2018), 1–10 https://doi.org/10.1016/j.eiar.2018.02.001 carrero, gabriel cardoso, robert tovey walker, cynthia suzanne simmons, and philip martin fearnside, ‘land grabbing in the brazilian amazon: stealing public land with government approval’, land use policy, 120.april (2022), 106133 https://doi.org/10.1016/j.landusepol.2022.106133 comte, adrien, clément surun, and harold levrel, ‘measuring and managing for environmental sustainability. an application of the environmental sustainability gap (esgap) framework in new caledonia’, environmental science and policy, 146.may (2023), 113–22 https://doi.org/10.1016/j.envsci.2023.05.007 costa, vinicius b.f., rafael s. capaz, patrícia f. silva, gabriel doyle, giancarlo aquila, éden o. coelho, and others, ‘socioeconomic and environmental consequences of a new law for regulating distributed generation in brazil: a holistic assessment’, energy policy, 169.august (2022) https://doi.org/10.1016/j.enpol.2022.113176 delaroche, martin, françois michel le tourneau, and marion daugeard, ‘how vegetation classification and mapping may influence conservation: the example of brazil’s native vegetation protection law’, land use policy, 122.september (2022), 106380 https://doi.org/10.1016/j.landusepol.2022.106380 edwards, scott adam, and felix heiduk, ‘hazy days: forest fires and the politics of environmental security in indonesia’, journal of current southeast asian affairs, 34.3 (2015), 65–94 https://doi.org/10.1177/186810341503400303 https://doi.org/10.1016/j.spc.2020.10.015 https://doi.org/10.1016/j.landusepol.2021.105384 https://doi.org/10.1016/j.landusepol.2021.105384 https://doi.org/10.1111/j.1467-9930.2009.00313.x https://doi.org/10.1016/j.eiar.2018.02.001 https://doi.org/10.1016/j.landusepol.2022.106133 https://doi.org/10.1016/j.envsci.2023.05.007 https://doi.org/10.1016/j.enpol.2022.113176 https://doi.org/10.1016/j.landusepol.2022.106380 https://doi.org/10.1177/186810341503400303 issn 2807-2812 journal of human rights, culture and legal system 259 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) erragragui, elias, jonathan peillex, mohammed benlemlih, and mohammad bitar, ‘stock market reactions to corporate misconduct: the moderating role of legal origin’, economic modelling, 121.january (2023), 106197 https://doi.org/10.1016/j.econmod.2023.106197 faure, michael g., ‘effectiveness of environmental law: what does the evidence tell us?’, ssrn electronic journal, 36.2 (2012) https://doi.org/10.2139/ssrn.2165715 fendrich, arthur nicolaus, alberto barretto, gerd sparovek, giovani william gianetti, jaqueline da luz ferreira, carlos frederico marés de souza filho, and others, ‘taxation aiming environmental protection: the case of brazilian rural land tax’, land use policy, 119.april (2022) https://doi.org/10.1016/j.landusepol.2022.106164 frohlich, miguel, timothy f. smith, pedro fidelman, claudia baldwin, chris jacobson, and r. w.(bill) carter, ‘towards adaptive coastal management law: lessons from australia and brazil’, ocean and coastal management, 219.september 2021 (2022), 106057 https://doi.org/10.1016/j.ocecoaman.2022.106057 hakim, eric rahmanul, ‘penegakan hukum lingkungan indonesia dalam aspek kepidanaan’, media keadilan: jurnal ilmu hukum, 11.1 (2020), 43 https://doi.org/10.31764/jmk.v11i1.1615 handayani, i. g. a. k. r., karjoko, l., jaelani, a. k., & barkhuizen, j., ‘the politics settlement of land tenure conflicts during jokowi’s presidency’, journal of indonesian legal studies, 7.2 (2022), 487–524 https://doi.org/https://doi.org/10.15294/jils.v7i2.57539 haris, muhamad, yordan gunawan, m hanaan alfarizi, and manuel campos, ‘bestuur governing indonesia ’ s plan to halt bauxite ore exports : is indonesia ready to fight lawsuit at the wto ?’, bestuur, 11.1 (2023), 26–42 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.69178 horta, paulo, marina sissini, carolina melissa mueller, fernanda m.m. soares, paulo pagliosa, leonardo rörig, and others, ‘brazil fosters fossil fuel exploitation despite climate crises and the environmental vulnerabilities’, marine policy, 148.november 2022 (2023), 2021–24 https://doi.org/10.1016/j.marpol.2022.105423 huaranca, laura liliana, martín alejandro iribarnegaray, federico albesa, josé norberto volante, christian brannstrom, and l. seghezzo, ‘social perspectives on deforestation, land use change, and economic development in an expanding agricultural frontier in northern argentina’, ecological economics, 165.april (2019), 106424 https://doi.org/10.1016/j.ecolecon.2019.106424 https://doi.org/10.1016/j.econmod.2023.106197 https://doi.org/10.2139/ssrn.2165715 https://doi.org/10.1016/j.landusepol.2022.106164 https://doi.org/10.1016/j.ocecoaman.2022.106057 https://doi.org/10.31764/jmk.v11i1.1615 https://doi.org/https:/doi.org/10.15294/jils.v7i2.57539 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.69178 https://doi.org/10.1016/j.marpol.2022.105423 https://doi.org/10.1016/j.ecolecon.2019.106424 260 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) irwin, rachel, ian short, mohammad mohammadrezaei, and áine ní dhubháin, ‘increasing tree cover on irish dairy and drystock farms: the main attitudes, influential bodies and barriers that affect agroforestry uptake’, environmental science and policy, 146.2020026 (2023), 76–89 https://doi.org/10.1016/j.envsci.2023.03.022 jamin, mohammad, and abdul kadir jaelani, ‘legal protection of indigenous community in protected forest areas based forest city’, bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 jamin, mohammad, abdul kadir jaelani, mulyanto, reza octavia kusumaningtyas, and duc quang ly, ‘the impact of indonesia’s mining industry regulation on the protection of indigenous peoples’, hasanuddin law review, 9.1 (2023), 88–105 https://doi.org/10.20956/halrev.v9i1.4033 juschten, maria, and ines omann, ‘evaluating the relevance, credibility and legitimacy of a novel participatory online tool’, environmental science and policy, 146.may (2023), 90–100 https://doi.org/10.1016/j.envsci.2023.05.001 kadir jaelani, abdul, reza octavia kusumaningtyas, and asron orsantinutsakul, ‘the model of mining environment restoration regulation based on sustainable development goals’, legality : jurnal ilmiah hukum, 30.1 (2022), 131–46 https://doi.org/10.22219/ljih.v30i1.20764 karjoko, lego, i. gusti ayu ketut rachmi handayani, abdul kadir jaelani, and muhammad jihadul hayat, ‘indonesia’s sustainable development goals resolving waste problem: informal to formal policy’, international journal of sustainable development and planning, 17.2 (2022), 649–58 https://doi.org/10.18280/ijsdp.170230 khoday, kishan, and usha natarajan, ‘fairness and international environmental law from below: social movements and legal transformation in india’, leiden journal of international law, 25.2 (2012), 415–41 https://doi.org/10.1017/s0922156512000118 kiss, alexandre, and dinah shelton, ‘strict liability in international environmental law’, law of the sea, environmental law and settlement of disputes: liber amicorum judge thomas a. mensah, 2007, 1131–51 https://doi.org/10.1163/ej.9789004161566.i-1188.183 klautau de araújo, thiago lima, pedro sousa, ulisses manuel de miranda azeiteiro, and amadeu mortágua velho da maia soares, ‘brazilian amazônia, deforestation and environmental degradation: analyzing the process using game, deterrence and rational choice theories’, environmental science and policy, 117.january (2021), 46–51 https://doi.org/10.1016/j.envsci.2020.12.010 https://doi.org/10.1016/j.envsci.2023.03.022 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/10.20956/halrev.v9i1.4033 https://doi.org/10.1016/j.envsci.2023.05.001 https://doi.org/10.22219/ljih.v30i1.20764 https://doi.org/10.18280/ijsdp.170230 https://doi.org/10.1017/s0922156512000118 https://doi.org/10.1163/ej.9789004161566.i-1188.183 https://doi.org/10.1016/j.envsci.2020.12.010 issn 2807-2812 journal of human rights, culture and legal system 261 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) ———, ‘brazilian amazônia, deforestation and environmental degradation: analyzing the process using game, deterrence and rational choice theories’, environmental science and policy, 117.august 2019 (2021), 46–51 https://doi.org/10.1016/j.envsci.2020.12.010 lisdiyono, edy, ‘improving legal argument critically in the litigation mechanism in indonesia (an empirical study of environmental verdicts)’, sriwijaya law review, 1.1 (2017), 64–73 https://doi.org/10.28946/slrev.vol1.iss1.10.pp080-092 macmaster, keith, ‘environmental liability for deep seabed mining in the area: an urgent case for a robust strict liability regime’, ocean yearbook online, 33.1 (2019), 339–76 https://doi.org/10.1163/9789004395633_014 majeri mangunjaya, fachruddin, and jeanne elizabeth mckay, ‘reviving an islamic approach for environmental conservation in indonesia’, worldviews: environment, culture, religion, 16.3 (2012), 286–305 https://doi.org/10.1163/15685357-01603006 mallett, alexandra, erica lima barros frança, ítalo alves, and lisa mills, ‘environmental impacts of mining in brazil and the environmental licensing process: changes needed for changing times?’, extractive industries and society, 8.3 (2021) https://doi.org/10.1016/j.exis.2021.100952 massaro, l., j. calvimontes, l. c. ferreira, and m. de theije, ‘balancing economic development and environmental responsibility: perceptions from communities of garimpeiros in the brazilian amazon’, resources policy, 79.october (2022), 103063 https://doi.org/10.1016/j.resourpol.2022.103063 mccarthy, john, and zahari zen, ‘regulating the oil palm boom: assessing the effectiveness of environmental governance approaches to agro-industrial pollution in indonesia’, law and policy, 32.1 (2010), 153–79 https://doi.org/10.1111/j.1467-9930.2009.00312.x miola, deise tatiane bueno, ana paula marinho, roberta lima campos dayrell, and fernando augusto oliveira silveira, ‘silent loss: misapplication of an environmental law compromises conservation in a brazilian biodiversity hotspot’, perspectives in ecology and conservation, 17.2 (2019), 84–89 https://doi.org/10.1016/j.pecon.2019.04.001 naibaho, nathalina, harkristuti harkrisnowo, suhariyono ar, and andri wibisana, ‘criministrative law: developments and challenges in indonesia’, indonesia law review, 11.1 (2021) https://doi.org/10.15742/ilrev.v11n1.647 neto, pedro bigolin, and alexandra mallett, ‘public participation in environmental impact assessment processes through various channels – can you listen to us now? lessons from a brazilian mining case’, extractive https://doi.org/10.1016/j.envsci.2020.12.010 https://doi.org/10.28946/slrev.vol1.iss1.10.pp080-092 https://doi.org/10.1163/9789004395633_014 https://doi.org/10.1163/15685357-01603006 https://doi.org/10.1016/j.exis.2021.100952 https://doi.org/10.1016/j.resourpol.2022.103063 https://doi.org/10.1111/j.1467-9930.2009.00312.x https://doi.org/10.1016/j.pecon.2019.04.001 https://doi.org/10.15742/ilrev.v11n1.647 262 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) industries and society, 13.november 2022 (2022), 101186 https://doi.org/10.1016/j.exis.2022.101186 nugroho, wahyu, ‘relationship between environmental management policy and the local wisdom of indigenous peoples in the handling of covid-19 in indonesia’, onati socio-legal series, 11.3 (2021), 860–82 https://doi.org/10.35295/osls.iisl/0000-0000-0000-1193 parikesit, widiatedja, and muhammad q shah, ‘the rise of centralistic governance in spatial planning in indonesia and australia: a comparative study’, bestuur, 11.1 (2023), 121–43 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.70120 peres, carlos a., joão campos-silva, and camila duarte ritter, ‘environmental policy at a critical junction in the brazilian amazon’, trends in ecology and evolution, 38.2 (2023), 113–16 https://doi.org/10.1016/j.tree.2022.11.011 peters, gary f., and andrea m. romi, ‘discretionary compliance with mandatory environmental disclosures: evidence from sec filings’, journal of accounting and public policy, 32.4 (2013), 213–36 https://doi.org/10.1016/j.jaccpubpol.2013.04.004 purniawati, purniawati, nikmatul kasana, and rodiyah rodiyah, ‘good environmental governance in indonesia (perspective of environmental protection and management)’, the indonesian journal of international clinical legal education, 2.1 (2020), 43–56 https://doi.org/10.15294/ijicle.v2i1.37328 ramlan, shazny, ‘religious law for the environment: comparative islamic environmental law in singapore, malaysia, and indonesia’, ssrn electronic journal, 15, 2019 https://doi.org/10.2139/ssrn.3405923 renggong, ruslan, abd haris hamid, and yulia yulia, ‘investigating law enforcement for coral reef conservation of the spermonde archipelago, indonesia’, asian journal of conservation biology, 11.1 (2022), 3–11 https://doi.org/10.53562/ajcb.61904 risno mina, ‘desentralisasi perlindungan dan pengelolaan lingkungan hidup sebagai alternatif penyelesaian permasalahan lingkungan hidup’, arena hukum, 9.2 (2016), 149–65 https://doi.org/https://doi.org/10.21776/ub.arenahukum.2016.00902.1 rose, gregory, ‘australian law to combat illegal logging in indonesia: a gossamer chain for transnational enforcement of environmental law’, review of european, comparative and international environmental law, 26.2 (2017), 128–38 https://doi.org/10.1111/reel.12206 santika, truly, kerrie a. wilson, sugeng budiharta, ahmad kusworo, erik meijaard, elizabeth a. law, and others, ‘heterogeneous impacts of https://doi.org/10.1016/j.exis.2022.101186 https://doi.org/10.35295/osls.iisl/0000-0000-0000-1193 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.70120 https://doi.org/10.1016/j.tree.2022.11.011 https://doi.org/10.1016/j.jaccpubpol.2013.04.004 https://doi.org/10.15294/ijicle.v2i1.37328 https://doi.org/10.2139/ssrn.3405923 https://doi.org/10.53562/ajcb.61904 https://doi.org/https:/doi.org/10.21776/ub.arenahukum.2016.00902.1 https://doi.org/10.1111/reel.12206 issn 2807-2812 journal of human rights, culture and legal system 263 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) community forestry on forest conservation and poverty alleviation: evidence from indonesia’, people and nature, 1.2 (2019), 204–19 https://doi.org/10.1002/pan3.25 saputra, rian, ‘development of creative industries as regional leaders in national tourism efforts based on geographical indications’, bestuur, 8.2 (2020), 121–28 https://doi.org/10.20961/bestuur.43139 setiabudhi, donna okthalia, ahsan yunus, and andi rifky, ‘the role of land management paradigm towards certainty and justice’, bestuur, 11.1 (2023), 43–60 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.71710 shanty saleh, indah nur, and bita gadsia spaltani, ‘environmental judge certification in an effort to realize the green legislation concept in indonesia’, law and justice, 6.1 (2021), 1–18 https://doi.org/10.23917/laj.v6i1.13695 silva de souza, kleber isaac, pedro luiz borges chaffe, tadeu maia portela nogueira, and cátia regina silva de carvalho pinto, ‘environmental damage of urbanized stream corridors in a coastal plain in southern brazil’, ocean and coastal management, 211.april (2021) https://doi.org/10.1016/j.ocecoaman.2021.105739 soltani, shohreh, alibakhsh kasaeian, ali lavajoo, reyhaneh loni, gholamhassan najafi, and omid mahian, ‘exergetic and enviromental assessment of a photovoltaic thermal-thermoelectric system using nanofluids: indoor experimental tests’, energy conversion and management, 218.november 2019 (2020) https://doi.org/10.1016/j.enconman.2020.112907 suwadi, pujiyono, priscilla wresty ayuningtyas, shintya yulfa septiningrum, and reda manthovani, ‘legal comparison of the use of telemedicine between indonesia and the united states’, international journal of human rights in healthcare, ahead-of-p.ahead-of-print (2022) https://doi.org/10.1108/ijhrh-042022-0032 tegnan, hilaire, lego karjoko, jaco barkhuizen, and anis h bajrektarevic, ‘mining corruption and environmental degradation in indonesia: critical legal issues’, bestuur, 9.2 (2021), 90–100 https://doi.org/10.20961/bestuur.v9i2.55219 tran, ngoc hanh, limin fu, and dirk michael boehe, ‘how does urban air pollution affect corporate environmental performance?’, journal of cleaner production, 383.august 2022 (2023), 135443 https://doi.org/10.1016/j.jclepro.2022.135443 vitale, corinne, ‘understanding the shift toward a risk-based approach in flood risk management, a comparative case study of three italian rivers’, https://doi.org/10.1002/pan3.25 https://doi.org/10.20961/bestuur.43139 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.71710 https://doi.org/10.23917/laj.v6i1.13695 https://doi.org/10.1016/j.ocecoaman.2021.105739 https://doi.org/10.1016/j.enconman.2020.112907 https://doi.org/10.1108/ijhrh-04-2022-0032 https://doi.org/10.1108/ijhrh-04-2022-0032 https://doi.org/10.20961/bestuur.v9i2.55219 https://doi.org/10.1016/j.jclepro.2022.135443 264 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 236-264 m. zaid et.al (the sanctions on environmental performances) environmental science and policy, 146.may (2023), 13–23 https://doi.org/10.1016/j.envsci.2023.04.015 wang, jie, nicola ulibarri, tyler a. scott, and steven j. davis, ‘environmental justice, infrastructure provisioning, and environmental impact assessment: evidence from the california environmental quality act’, environmental science and policy, 146.may (2023), 66–75 https://doi.org/10.1016/j.envsci.2023.05.003 wibowo, adrianus eryan wisnu, ‘penegakan hukum lingkungan melalui pertanggungjawaban perdata’, jurnal hukum lingkungan indonesia, 4.2 (2018), 183–86 https://doi.org/10.38011/jhli.v4i2.66 https://doi.org/10.1016/j.envsci.2023.04.015 https://doi.org/10.1016/j.envsci.2023.05.003 https://doi.org/10.38011/jhli.v4i2.66 102 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.11 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). research article management of high secondary education after regional government law andi akbar herman1 muhammad jihadul hayat2 1 faculty of law, universitas sembilan belas november, kolaka, indonesia 2faculty of sharia, iai hamzanwadi lombok timur indonesia  andiakbarherman@gmail.com abstract education is the constitutional right of every citizen, as mandated in the 1945 constitution of the republic of indonesia, so that that good education management will support the progress of a nation. the tug of war on government affairs in education carried out by the central government to local governments from districts to provinces has further distanced public services. the type of research used in compiling this research is empirical legal research. the results showed that education management had implications for the ineffective management of senior secondary education in the north kolaka district, from budget management, management of facilities and infrastructure, and management of human resources, no longer running effectively. this situation forced the provincial government to establish a branch office in the north kolaka district to support administrative arrangements in the north kolaka district. keywords: education; transfer of authority; regency and province. introduction education is the constitutional right of every citizen, as mandated in the 1945 constitution of the republic of indonesia. ki hadjar dewantara stated that the progress of a nation lies in education and the generation of the nation itself.1 in connection with ki hadjar dewantara's opinion, it is a reminder that a nation's progress indicators are measured through education. education also determines the future of a nation because, with education, future generations will be educated to become national leaders with integrity.2 the fulfillment of the constitutional rights of citizens is an obligation of the state in the field of education. this is contained in article 31 paragraph (1) of the 1945 constitution of the republic of indonesia, which states that every 1see decision nomor 30/puu-xiv/2016, p. 2. 2dwi esti andriani, “program peningkatan mutu guru berbasis kebutuhan”, jurnal, mp manajemen pendidikan, volume 23, nomor 5, maret, 2012, p. 395-396. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.11 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 103 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.11 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). citizen has the right to education.3 these rights are part of human rights where the government pays special attention to education. the specificity described in article 31 paragraph (4) states that the state prioritizes the education budget at least 20% of the state revenue and expenditure budget and from the regional revenue and expenditure budget to meet the needs of the national education administration.4 following up on these provisions, article 11 paragraph (2) of law number 20 of 2003 concerning the national education system states that the government and local governments are obliged to guarantee the availability of funds for the implementation of education for every citizen aged seven to fifteen years.5 the commitment, which president susilo bambang yudhoyono started, is the basis for improving the quality of education. article 12 paragraph (1) letters c and d of law number 20 of 2003 concerning the national education system states that every student in an education unit has the right to obtain scholarships for high achievers whose parents cannot afford to pay for their education and are entitled to education fees for those whom his parents could not afford his education.6 the regulation regarding the relationship between the center and the regions in the context of a unitary state after the enactment of law number 23 of 2014 concerning regional government in education management is essential to be studied and analyzed. law 23 of 2014 concerning regional government as an embodiment of decentralization aims to further facilitate the management of education in all regions in indonesia.7 the implementation of regional government is also directed at accelerating the realization of community welfare through improving services, empowerment, and community participation, as well as increasing regional competitiveness by taking into account the principles of democracy, equity, justice, and the uniqueness of a region within the unitary state of the republic of indonesia.8 there are three main missions of implementing regional autonomy and decentralization: first, improving the quality and quantity of public services and public welfare. second is creating efficiency and effectiveness in the management of regional resources. third is empowering and creating space for the public to participate in the development process.9 bagir manan revealed that regional autonomy is the basis for expanding the implementation of democracy and an instrument for realizing public welfare. no less critical, regional autonomy is a way to maintain a unitary state. autonomous regions that are free and independent to regulate and manage their government households feel that they are given a proper place in the life of the nation and state so that there is no reason to leave the unitary state of the republic of indonesia.10 the transfer of authority for senior secondary education can cause problems for both district/city and provincial governments in indonesia. some of the implications that have emerged and are currently being felt in the north kolaka regency as an area far away from the capital city of southeast sulawesi province, such as the birth of corrupt behavior in the region that the transfer of authority needs better regulations. such as in the administrative management of educators who are far away, several individuals offer services to carry out the management 3 see article 31 paragraph (1) undang-undang dasar negara republik indonesia tahun 1945. 4 see article 31 paragraph (4) undang-undang dasar negara republik indonesia tahun 1945. 5 see article 11 paragraph (2) undang-undang nomor 20 tahun 2003 tentang sistem pendidikan nasional. 6 see article 12 paragraph (1) huruf c dan d undang-undang nomor 20 tahun 2003 tentang sistem pendidikan nasional. 7 iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, 1.1 (2021), 1–17. 8 see penjelasan undang-undang nomor 23 tahun 2014 tentang pemerintahan daerah. 9 mardiasmo, 2002, otonomi dan manajemen keuangan daerah, yogyakarta: andi, p. 59. 10 bagir manan, 2002, menyongsong fajar otonomi daerah, yogyakarta: psh fh uii, p. 3. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.11 http://creativecommons.org/licenses/by/4.0/ 104 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.11 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). with a predetermined nominal payment.11 based on data from the central statistics agency for southeast sulawesi, the number of senior high schools recorded in 2014/2015 spread over a vast location as many as 265 schools with a total of 6 866 teachers and spread over 15 regencies and 203 sub-districts throughout the province of southeast sulawesi, north kolaka regency. one of the districts in the north of southeast sulawesi province with a distance of (295.5 km) and is the northernmost district directly adjacent to south sulawesi province.12 the area and distance that affect the function of services related to senior secondary education so that the number of students and the number of educators is not tiny will be challenging and less effective in managing it. in addition to this, the management of the education budget, whose management has been transferred to the provincial government, also creates problems in the regions. the results of the initial interview conducted by the author on one of the educators who are not civil servants (honorary),13 in north kolaka regency, the honorarium for teaching staff (honorary) does not run efficiently because the authority to manage education is no longer the business of the north kolaka regency government. however, the matter is the business of the southeast sulawesi province regional government, where the honorarium budget for each educator is estimated through the budget. state revenues and expenditures (apbn) are no longer allocated through 20% of the district budget. educators who are not civil servants also do not have legal certainty because district decrees no longer have legal force along with the transfer of authority to manage senior secondary education to the province so that the sk used is the sk issued by the regional government of southeast sulawesi province, not the sk issued by the provincial government of southeast sulawesi—issued by the local government of north kolaka regency.14 based on several problems caused by the transfer of authority for senior secondary education from district/city local governments to provincial, local governments, it is not following the principles of accountability, efficiency, and externalities as well as national strategic interests as regulated in law number 23 of 2014 concerning the national education system. and seeing both facts and legal problems that occurred, the authors are interested in researching this to know and analyze how the management of upper secondary education is after the enactment of the local government law, and to find out the efforts made by the provincial government and the local government of north kolaka district. in dealing with obstacles to the management of senior secondary education in north kolaka regency. method the type of research used in this study is empirical legal research, namely research obtained directly from sources in the field (field research), by conducting in-depth observations and interviews (in-depth interviews) with respondents and resource persons who are competent and 11rusman,“diduga-ada-pungli-pengurusan-sertifikasi-guru-di-kolut”, http://zonasultra.com/diduga-adapungli-pengurusan-sertifikasi-guru-di-kolut.html, accessed 16 september 2017, at 05.54 wib. 12badan pusat statistik, “jumlah sekolah guru dan murid sekolah menengah atas (sma) di bawah kementrian pendidikan dan kebudayaan menurut provinsi tahun ajaran 2011/2012-2014/2015”, www.bps.go.id, accessed 26 september 2017, at 05.58 wib. 13 interview with muhawir, on 27 september 2017, at 13.15 wib. 14 abdul kadir jaelani and others, ‘the crime of damage after the constitutional court ’ s decision number 76 / puu-xv / 2017’, 1.1 (2021), 31–41. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.11 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 105 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.11 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). related to the problem. which will be researched.15 this study uses primary data and secondary data, where primary data is obtained directly from the source employing direct interviews in the form of empirical facts, while secondary data is obtained from legal materials taken from the literature. in contrast, the data analysis used in this study is a qualitative analysis presented in a descriptive form. qualitative analysis was carried out through categorization based on the problems studied and the data collected. qualitative analysis is a qualitative formative assessment to assess from the data that has been collected from primary data (through interviews with informants and respondents) and secondary data (through literature studies), then assess whether the implementation is following existing theories and rules so that it can be seen the level of effectiveness of its implementation. results & discussion management of higher secondary education in north kolaka regency after the enactment of the regional government law the enactment of law number 23 of 2014 concerning the regional government impacts the transfer of several authorities from the district to the provincial area, including in the field of education. the authority formerly in the regency area underwent a transfer of authority to the provincial area with the consideration that from the aspect of guidance and supervision, it would be more effectively carried out by the provincial government. in addition to this, the principles of accountability, efficiency, externalities, and national strategic interests are also the basis for the transfer of authority in government affairs. district/city area to the province.16 the transfer of authority is related to managing the budget, assets (facilities and infrastructure), and human resources. the affairs that were formerly the affairs of the district government have shifted their management, which is expected to improve the management of education and is expected to overcome problems that occur in the regions due to overlapping authorities between district/city local governments and provincial governments. lia yuliana and suharsimi arikunto said that for the success of education management, it is necessary to provide facilities and infrastructure so that the achievement of educational goals can run smoothly, regularly, effectively, and efficiently.17 changes from the aspect of budget management did not run optimally as the essence expected by the government. this was caused by inadequate budget allocations by the central government to regulate a region that is so wide and spread across seventeen districts in southeast sulawesi that there is no doubt about the problem of transferring authority. the district is not running effectively and efficiently. more and more affairs on the transfer of authority make the situation follow the pattern of "money follows business" so that the rate of development of the quality of education is no longer the goal to achieve the achievement of improving the quality of education. the pattern of changes in money following these affairs makes schools not innovative in managing their education because an activity is managed if an adequate budget supports it, so 15maria sw sumardjono, 2014, “metodologi penelitian ilmu hukum”, bahan kuliah, , yogyakarta: magister hukum fakultas hukum universitas gadjah mada, p. 16-18. 16 see article 13 paragraph (1) undang-undang nmor 23 tahun 2014 tentang pemerintahan daerah. 17suharsimi arikunto dan lia yuliana, 2013, manajemen pendidikan, yogyakarta: aditya media publishing, p. 187. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.11 http://creativecommons.org/licenses/by/4.0/ 106 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.11 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). to optimize the management of senior secondary education, affairs supported by adequate budgeting will run effectively even though the authority is transferred.18 circumstances forced the government to rethink the birth of a newly legal product and the transfer of authority over the management of upper secondary education. the government should study the step to improve the system that has been running so far because not all regions have the same in the management of education. moral education to increase the intellectual value of every citizen is a task that should be completed starting from educators and education staff in schools and the role of parents outside of school. according to suharsini arikunto and lia yuliana19 several things affect the financing of education, namely external factors, where the pattern of democratic development is growing and requires the state to realize the ideals (it is constituent) as mandated in the constitution so that the state must prepare an adequate budget for that so that all elements of the government and the community are responsible for the realization of adequate education.20 the government's responsibility for the operational costs of education units, whether in the form of personnel costs for civil servants, is allocated through the government budget. funding for non-civil servant personnel costs in the education sector is also allocated based on the government budget. this is regulated in government regulation number 48 of 2008 concerning education funding.21 article 31 paragraph (4) states that the state prioritizes the education budget at least 20% of the state revenue and expenditure budget and from the regional expenditure budget to meet the needs of the national education administration.22 decentralization of education is also essential for the optimal functioning of education in indonesia. the principles of implementing decentralization of education in the united states should serve as an excellent example for education in indonesia, where the forerunner of decentralization is the struggle of teachers to improve their fortunes. the teacher then becomes the spearhead of education in indonesia, so the education system should have a pattern from the top-down, not from the bottom up. it means that to give complete decentralization to each school to realize the goals of intelligence in their respective schools, the government plays a role in carrying out the control function both with preventive and repressive efforts. the change of authority from the district to the province is also not a solution to improve the current quality of education in indonesia because the change in authority will further reduce the system of checks and balances that has been running so far. education should lead to improving the quality of educators, not being preoccupied with adjusting to the transfer of authority, which almost often changes patterns following a regime of leadership change.23 the transfer of authority related to budget management impacts several things, namely the affairs that were formerly the affairs of the district government, which are expected to be managed so that education management is better managed. it can overcome problems in the regions due to overlapping authorities between the district/city government and the government—provincial 18 syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, 1.1 (2021), 54–70. 19ibid, p. 234-235. 20 redi res, ‘implementation of parate executie object of liability juridical overview of mortgage’, 1.1 (2021), 42–53. 21see article 16 dan 17 peraturan pemerintah republik indonesia nomor 48 tahun 2008 tentang pendanaan pendidikan. 22 see article 31 paragraph (4) undang-undang dasar negara republik indonesia tahun 1945. 23 muhammad jihadul hayat, ‘historisitas dan tujuan usia minimal perkawinan dalam perundangundangan keluarga muslim indonesia dan negara muslim’, journal equitable, 3.1 (2018), 49–63. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.11 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 107 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.11 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). area.24 moh. yadin as the principal of smk negeri 1 watunohu revealed that the school he leads is a school that has 18 asn teachers and is an educator, 12 people have certified, while the honorary staff themselves are 27 people, including experts such as doctors and nurses. nurses, with four majors, namely engineering, pharmacy, nursing, dental nursing, and light vehicle engineering. the education budget is no longer allocated through district apbd funds, making it challenging to finance honorariums for honorary staff.25 the transfer of senior secondary education management has an impact on the management of high school education facilities and infrastructure in north kolaka regency, one of the impacts is the reduction in facilities and infrastructure funds for each school caused by the use of bos funds which no longer focus on the provision of facilities and infrastructure. however, the budget is also earmarked for other budgets such as honorarium for educators (honorary) and other budgets that are not budgeted at schools. requests for facilities and infrastructure are also a problem due to the distance of management being so far to the provincial area that its management will not be effective when the authority is transferred to the provincial area. the impact of the change in authority, in the end, has an impact on the ineffective management of education related to facilities and infrastructure in senior high schools in north kolaka regency, southeast sulawesi province. as an example of what happened at smk negeri 1 watunohu in north kolaka regency, muh yadin said that smk 1 watunohu is a school that has been established in 2009 and is a school that has majors in engineering, pharmacy, nursing, dental nursing, and vehicle engineering. the more majors, the more facilities and infrastructure are needed in schools. after the transfer of authority, it is challenging to apply to complete facilities and infrastructure in schools, this is due to the budget for the provision of facilities and infrastructure, which has been used up to finance honorarium for honorary teachers, coupled with the distance of management to apply for facilities and infrastructure is quite far.26 according to one respondent, the field of human resources has an impact on two aspects, namely the aspect of mobilizing the distance between the province and the north kolaka regency area and the honorarium for non-civil servant educators who are no longer allocated as when the authority was in the north kolaka regency area.27 the processing time is four to five working days for management in the southeast sulawesi province (kendari) because the person you want to meet in the province is not there. even too complicated management sometimes becomes an obstacle in resolving the matter.28 whereas ideally, the transfer of authority should not cause new problems for teachers because the main task is to improve the quality of education for students in schools.29 educators who are not civil servants feel the impact of the transfer of authority to manage upper secondary education better before the transfer of authority because it is easier to propose a salary increase when in the district than the management is in the province, 24 see article 31 paragraph (4) undang-undang dasar negara republik indonesia tahun 1945. 25interview with muh. yadin, s.p., m.si, kepala sekolah smk negeri 1 watunohu, on 21 februari 2018 at 11.00 wita. 26interview with muh. yadin, s.p., m.si, kepala sekolah smk negeri 1 watunohu, on 21 februari 2018 at 11.00 wita. 27interview with iwayan jaman, s.pd., m.m, kepala sekolah smk negeri 1 lasusua, on 24 januari 2018 at 09.00 wita. 28interview with idil sandi, kepala sekolah sma negeri 1 lasusua, on 25 januari 2018 at 09.00 wita. 29interview with siti wahyuni balasi, s.e., ms.i, wakil kepala sekolah bidang hki sekolah menengah kejuruan negeri maruge, on 26 januari 2018 at 08.56 wita. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.11 http://creativecommons.org/licenses/by/4.0/ 108 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.11 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). plus there is no explicit decree for educators are not civil servants, making it difficult to obtain certification as additional income to support welfare.30 efforts of the local government of north kolaka regency to handle barriers to the management of upper secondary education after the enactment of the regional government law the budgeting carried out by the southeast sulawesi government has been budgeted following the budget determined by the central government. however, in its management, it is certainly not as easy as when the authority is still in the district because the area of the district is not so broad that it makes it easier for the district government to manage it.31 the education and culture office of southeast sulawesi province allocates the maximum budget to each school following the provisions planned by the southeast sulawesi provincial education and culture office through reports and reviews when supervising each school in north kolaka regency.32 the honorarium budget for non-civil servant educators is no longer allocated to each high school. the area of southeast sulawesi province is extensive, so it must be balanced between each district/city, in contrast to the narrow area of north kolaka regency so that local governments can provide subsidies for educators who are not civil servants through the planned sub-budgets.33 the efforts made are as follows: first, the efforts of the north kolaka regency government and the provincial government in overcoming obstacles to the management of upper secondary education facilities and infrastructure are by collecting data on each school located in each district by involving the office branch office (uptd), which has been established in each district to support data collection for each school.34 second, the local government's efforts of north kolaka regency and the provincial government in dealing with obstacles to high school education on human resources are by establishing branch offices (uptd) in each district/city spread throughout the southeast sulawesi region.35 the establishment of these branch offices is intended to make it closer and easier to administer administration to each region without communicating directly with the provinces. equitable distribution of teaching staff from one region to another is likely to occur. this is because, in one district, there are still many shortages of educators, thus requiring the provincial government to regulate the transfer of educators from one region to another in order to provide equitable education. 30 interview with miftahul chair, s.pd, tenaga pendidik sma negeri 1 lasusua, on 25 januari 2018 at 10.01 wita. 31 interview with i ketut puspa adyatna asisten iii setda provinsi sulawesi tenggara, on 12 maret 2018 at 02.37 wita. 32 arifin ma’ruf, ‘legal aspects of environment in indonesia : an efforts to prevent environmental damage and pollution’, 1.1 (2021), 18–30. 33 interview with burhanuddin, s.h., m,bd kepala bidang perencanaan, keuangan dan bmi dinas pendidikan dan kebudayaan provinsi sulawesi tenggara, on 12 maret 2018 at 09.21 wita. 34 interview with burhanuddin, s.h., m,bd kepala bidang perencanaan, keuangan dan bmi dinas pendidikan dan kebudayaan provinsi sulawesi tenggara, on 12 maret 2018 at 09.21 wita. 35 interview with burhanuddin, s.h., m,bd kepala bidang perencanaan, keuangan dan bmi dinas pendidikan dan kebudayaan provinsi sulawesi tenggara, on 12 maret 2018 at 09.21 wita. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.11 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 109 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.11 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). conclusion based on the explanation above, it can be concluded as follows, first, the aspect of budget management where the provincial government no longer allocates 20% of the apbd to support the honorarium for non-civil servant educators to the north kolaka regency area as when the authority was still in the government's domain. north kolaka regency. the budget allocation for facilities and infrastructure is also no longer fully realized due to the limited budget owned by the provincial government. in contrast, the provincial regions themselves are unable to do much because of the lack of budgets owned by the provincial government, so that the pattern applied is to minimize the budget that is used. the limited budget is allocated to each school in the district, so to fix the problem of poor budgeting, the central government must allocate a budget following the total needs of southeast sulawesi province. second, from the aspect of facilities and infrastructure management, namely the facilities and infrastructure funds that use the boss's funds, they are no longer focused on financing the procurement of facilities and infrastructure because the boss's budget is also allocated for the honorarium for educators and other budgeting, requests for submissions for improvements to facilities and infrastructure. schools become complicated because the administrative distance is too far, plus the school also has to ask for other financings from third parties to finance the procurement of facilities and infrastructure to support the teaching and learning process to run optimally. therefore, the southeast sulawesi provincial government must make a comprehensive re-planning mature and socialize to each school to use the budget according to the school's needs. third, from the aspect of human resource management, it has an impact on several aspects, namely administrative arrangements that are too far from the district to the provincial area, there is no certainty (sk) for educators who are not civil servants so that it hampers the certification process that educators should carry out. the honorarium for non-civil servant educators is only seven thousand rupiahs per hour, requiring the educators to look for other jobs to cover the very limited budget shortfall. the provincial government's effort to overcome the obstacles to education management related to human resources is to establish branch offices in each district to facilitate administrative arrangements that do not have to carry out management to the southeast sulawesi province (kendari). then the provincial government seeks to collect data. an area that lacks teaching staff, if filled by educators from other districts scattered throughout the southeast sulawesi province. references andriani, dwi esti, “program peningkatan mutu guru berbasis kebutuhan”, mp manajemen pendidikan, volume 23, nomor 5, maret, 2012. keputusan mahkamah konstitusi nomor 30/puu-xiv/2016. lia yuliana dan suharsimi arikunto, 2013, manajemen pendidikan, yogyakarta: aditya media publishing. manan bagir, 2002, menyongsong fajar otonomi daerah, yogyakarta: psh fh uii. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.11 http://creativecommons.org/licenses/by/4.0/ 110 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.11 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). mardiasmo, 2002, otonomi dan manajemen keuangan daerah, yogyakarta: andi. hayat, muhammad jihadul, ‘historisitas dan tujuan usia minimal perkawinan dalam perundang-undangan keluarga muslim indonesia dan negara muslim’, journal equitable, 3.1 (2018), 49–63 iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, 1.1 (2021), 1–17 jaelani, abdul kadir, universitas sebelas maret, resti dian luthviati, civil registration, study program, and universitas sebelas maret, ‘the crime of damage after the constitutional court ’ s decision number 76 / puu-xv / 2017’, 1.1 (2021), 31–41 ma’ruf, arifin, ‘legal aspects of environment in indonesia : an efforts to prevent environmental damage and pollution’, 1.1 (2021), 18–30 res, redi, ‘implementation of parate executie object of liability juridical overview of mortgage’, 1.1 (2021), 42–53 syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, 1.1 (2021), 54–70 peraturan gubernur sulawesi tenggara nomor 66 tahun 2017 tentang pembentukan, kedudukan, susunan organisasi, tugas dan fungsi serta tata kerja unit pelaksana teknis dinas dan cabang dinas pada dinas pendidikan dan kebudayaan provinsi sulawesi tenggara. peraturan pemerintah republik indinesia nomor 48 tahun 2008 tentang pendanaan pendidikan. rusman, “diduga ada pungli pengurusan sertifikasi guru”, http://zonasultra.com/diduga-adapungli-pengurusan-sertifikasi-guru-di-kolut.html akses 16 september 2017. soekanto, soerjono, 2010, pengantar penelitian hukum, jakarta: ui pres. soekanto, soerjono, dan sri mahmudi, 2001, penelitian hukum normatif suatu tinjauan singkat, jakarta: pt rajagrafindo persada. sumardjono, maria sw., 2014, “metodologi penelitian ilmu hukum”, bahan kuliah, magister hukum fakultas hukum universitas gadjah mada, yogyakarta. undang-undang dasar negara republik indonesia tahun 1945. undang–undang nomor 20 tahun 2003 tentang sistem pendidikan nasional (lembaran negara republik indonesia tahun 2003 nomor 78). undang-undang nomor 23 tahun 2014 tentang pemerintahan daerah. www. bps.go.id, “jumlah sekolah guru dan murid sekolah menengah atas (sma) di bawah kementrian pendidikan dan kebudayaan menurut provinsi tahun ajaran 2011/20122014/2015”, www.bps.go.id, akses 26 september 2017. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.11 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 328 https://doi.org/10.53955/jhcls.v3i2.98 journalhumanrightslegalsystem@gmail.com achievements and challenges of human rights protection policy in realizing good governance in indonesia and china m. misbahul mujib a*, mustari kurniawati muchlas b a faculty of sharia and law, uin sunan kalijaga yogyakarta, indonesia. bcollege of public administration huazhong university of science and technology, china. * misbahul.mujib@uin-suka.ac.id 1. introduction since the universal declaration of human rights (udhr) in 1948 globally, human rights have faced challenges and evolved to achieve their goals. in its 2014 human rights risk atlas (hrra), global analytics firm maplecroft revealed the number of countries at "extreme risk" of human rights abuses. when evaluating 197 countries for various human rights violations, maplecroft classified 20 countries at risk of extreme human rights violations in 2008. the number has since increased to 34 countries. indonesia is ranked 30th in countries with the worst human rights conditions. many things may cause this condition. some are due to war, corrupt a r t i c l e i n f o a b s t r a c t article history received: february 29, 2023 revised: june 26, 2023 accepted: june 27, 2023 the protection of human rights in public service institutions faces challenges in its effectiveness to achieve maximum protection. this is because there are many units and ranks of the bureaucracy that need to be given oversight and protection. a regional head cannot be given the entire burden of supervising the protection of human rights. this study aims to explore the policies of the ombudsman institute in yogyakarta, indonesia regarding the protection of human rights, their relation to the achievements and challenges so as to realize good governance. the research is compared with the policies to protect human rights in beijing, china. this quantitative research analyzes the legal gap from the problem of protecting human rights in work units with the principles of good general governance and the supervisory model in the institution. finally, this research finds the effectiveness and success of the role of the ombudsman institute in indonesia in protecting human rights in maintaining good governance. to address the problem of protecting human rights, the pattern of oversight by the indonesian ombudsman institute uses an ideal pattern, namely extra-parliamentary synergy, parliamentary oversight, a social audit system and the use of technological facilities so that good governance is realized. meanwhile, china still gets notes from the international world for human rights violations. even so, reform of the ombudsman bureaucracy in china is expected to resolve existing human rights protection issues. this is an open-access article under the cc–by 4.0 license keywords human right; good governance; ombudsman; protection; mailto:journalhumanrightslegalsystem@gmail.com mailto:misbahul.mujib@uin-suka.ac.id https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 329 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) government, and lousy bureaucracy that affect law enforcement and human rights protection.1 according to a u.s. report embassy and consulates in indonesia: 2021 country reports on human rights practices: indonesia, stated that there are still many human rights violations that occur. covering several cases: unlawful or arbitrary killings by government security; police torture of unlawful civilians; inappropriate prison conditions;2 arbitrary arrest or elimination; political prisoners; problematic judicial independence; arbitrary interference and prohibition of privacy laws; conflicts in the provinces of papua and west papua which are handled arbitrarily,3 serious penalties against freedom of expression and media up to the unlawful arrests/crimes against journals, religious leaders and activists, 4 threats to the freedom of peaceful assembly and freedom of association; worsening government corruption; violations of investigation and accountability for gender based violence; crimes against racial and ethnic minority groups.5 in fact, human rights violations occur every day and most of them are perpetrated by groups with higher status who target lower status groups so that they are more affected by dehumanization than high status groups.6 it is caused by low-status groups who do not own more than unequal resources, trade sanctions, aid allocations, conflicts, political violence, and repression. it should also be noted that the protection of human rights in a country can affect the level of poverty and living conditions in that country. violations of human rights can exacerbate poverty and the living conditions of poorer segments of society, which can hinder 1 satria unggul wicaksana and others, ‘reduce corruption in public procurement: the effort towards good governance’, bestuur, 10.1 (2022), 33–42 https://doi.org/10.20961/bestuur.v10i1.51339 2 ejo imandeka and zulfikri, ‘preventing coronavirus in overcrowded prisons in indonesia’, 2021 https://doi.org/10.2991/assehr.k.210506.022 also see aristo marisi adiputra pangaribuan and kelly manthovani, ‘causes and consequences of the war on marijuana in indonesia ’, indonesia law review, 9.2 (2019), 22–43 https://doi.org/10.15742/ilrevv.vo8n1.3e891 3 william r.i. sopaheluwakan and others, ‘two-decade decentralization and recognition of customary forest rights: cases from special autonomy policy in west papua, indonesia’, forest policy and economics, 151 (2023), 102951 https://doi.org/10.1016/j.forpol.2023.102951 also see alvin kuowei tay and others, ‘pathways from conflict-related trauma and ongoing adversity to posttraumatic stress disorder symptoms amongst west papuan refugees: the mediating role of anxiety and panic-like symptoms’, comprehensive psychiatry, 63 (2015), 36–45 https://doi.org/10.1016/j.comppsych.2015.08.005 4 ija suntana and others, ‘ideological distrust: re-understanding the debate on state ideology, normalization of state-religion relationship, and legal system in indonesia’, heliyon, 9.3 (2023), e14676 https://doi.org/10.1016/j.heliyon.2023.e14676 5 djarot sulistio wisnubroto and others, ‘preventing and countering insider threats and radicalism in an indonesian research reactor: development of a human reliability program (hrp)’, heliyon, 9.5 (2023), e15685 https://doi.org/10.1016/j.heliyon.2023.e15685 6 anna zlobina and others, ‘back to basics: human rights violations and dehumanization’, current opinion in behavioral sciences, 51 (2023), 101263 https://doi.org/10.1016/j.cobeha.2023.101263 https://doi.org/10.20961/bestuur.v10i1.51339 https://doi.org/10.2991/assehr.k.210506.022 https://doi.org/10.15742/ilrevv.vo8n1.3e891 https://doi.org/10.1016/j.forpol.2023.102951 https://doi.org/10.1016/j.comppsych.2015.08.005 https://doi.org/10.1016/j.heliyon.2023.e14676 https://doi.org/10.1016/j.heliyon.2023.e15685 https://doi.org/10.1016/j.cobeha.2023.101263 330 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) growth and development.7 thus, international and national legal instruments have mandated the need to protect human rights. as part of international law, the state is responsible for solving human rights problems for its citizens. the government of many states has its way of realizing proper human protection. some countries provided some human rights commissions and institutions. indonesia started with democratization and decentralization reforms in governance and development, with the enactment of law no. 22 of 1999 on reform, which has now been revised into law no. 32 of 2004, which was replaced by law no. 23 of 2014 concerning local government jo. law no. 6 of 2023 concerning job creation. through the law, the government is expected to be able to change the paradigm shift from a centralized government system to a decentralized one. it is based on the desire of the people to realize good governance, which according to the united nations development programme (undp), has the following characteristics: participatory, law enforcement, transparency, responsiveness, equitable, consensus-oriented, effective and efficient, strategic, and accountable vision. those characteristics have already been adopted by law no. 23 of 2014 and law no. 37 of 2008 concerning the ombudsman and many other national legal instruments, with its differences commonly referred to as the general principle of good governance. moreover, good governance can be interpreted as good government management, but realize it is not as easy as reversing the palms. the obstacles faced are complex, a reasonable sum of theories that aim to improve the bureaucracy of governments are generated by experts who see that there is something that must be addressed in the management of bureaucracy following what is wanted by the community, but until now, there are still many problems in the management of bureaucracy. to ensure that the indonesian government can run following the paths outlined in realizing good governance to establish government regulatory agencies. these monitoring institutions are expected to help solve the many problems surrounding our bureaucracy. good governance can also be understood as an implementation of solid and responsible government management in line with democratic and market principles, efficient government, and free and clean government from corruption, collusion, and activities of nepotism.8 whereas, general principles of good governance, since the adoption of the conception of the welfare state and lead to the power of freies ermessen, raise a 7 nicholas apergis and arusha cooray, ‘how do human rights violations affect poverty and income distribution?’, international economics, 161 (2020), 56–65 https://doi.org/10.1016/j.inteco.2019.11.003 8 alvedi sabani, mohamed h. farah, and dian retno sari dewi, ‘indonesia in the spotlight: combating corruption through ict enabled governance’, procedia computer science, 161 (2019), 324–32 https://doi.org/10.1016/j.procs.2019.11.130 https://doi.org/10.1016/j.inteco.2019.11.003 https://doi.org/10.1016/j.procs.2019.11.130 issn 2807-2812 journal of human rights, culture and legal system 331 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) concern of citizens over the occurrence of arbitrariness by the government. general principles of good governance for governmental apartments in carrying out their duties and functions or as a basis for administrative justice judges to assess the actions or actions of the government which the people sue. 9 in indonesia, the general principles of good governance consist of several principles that must be implemented in every public service: legal certainty, public interest, expediency, openness (transparency/ accountability), impartiality/ nondiscrimination, accuracy, not abusing authority, good service (see law no. 30 of 2014 concerning government administration). accountability is one of the characteristics of good governance that has a strong impact and gets attention from the public. accountability can be defined as a principle that ensures that every organization's activity is open to be known by the parties affected by the policy implementation. the public, as the party involved in the policy made by the government, is undoubtedly entitled to a reasonable explanation of accountability for the government's performance.10 accountability of government policy implementation should be disseminated to the public. the government should understand this wants to be called an institution that implements the principle of accountability. thus, supervisory institutions must be carried out to protect the human rights of all parties in public services. supervisory institutions can be interpreted as those formed to control other institutions that perform functions following their assignments. control can be done in a preventive and repressive manner. it will be inherent in the oversight of the supervisory institution. supervisory institutions can be formed with assignments in fields specific to the oversight of supervised institutions so that one institution can be supervised by various kinds of supervisory institutions that carry out the supervisory function in particular areas. a form of desire to create clean and authoritative governance, many supervisory institutions were made in the government system in indonesia, other than those inherent in bureaucratic institutions of nature internally. currently, there are also supervisory institutions that do not originate from the government bureaucracy but are tasked with overseeing the government.11 in theory, supervision is divided into several properties, if viewed from the position of the organ that carries it out, into internal and external. whereas if 9 nurfaika ishak, rahmad ramadhan hasibuan, and tri suhendra arbani, ‘bureaucratic and political collaboration towards a good governance system’, bestuur, 8.1 (2020), 19 https://doi.org/10.20961/bestuur.v8i1.42922 10 bambang tjahjadi, noorlailie soewarno, and febriani mustikaningtiyas, ‘good corporate governance and corporate sustainability performance in indonesia: a triple bottom line approach’, heliyon, 7.3 (2021), e06453 https://doi.org/10.1016/j.heliyon.2021.e06453 11 awaludin marwan, diana odier-contreras garduño, and fiammetta bonfigli, ‘detection of digital law issues and implication for good governance policy in indonesia’, bestuur, 10.1 (2022), 22–32 https://doi.org/10.20961/bestuur.v10i1.59143 https://doi.org/10.20961/bestuur.v8i1.42922 https://doi.org/10.1016/j.heliyon.2021.e06453 https://doi.org/10.20961/bestuur.v10i1.59143 332 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) viewed from the aspect of implementation, it can be divided into preventive (a prion), repressive (posterior), and juridical supervision, there are still more who add it to public supervision and supervision by the balance of power. there are two kinds of supervision for the government in indonesia, namely internal supervision conducted by inspectorate general and external supervision specially formed by the state to carry out supervision in specific fields. the role of the regulatory body in ensuring that the government runs well is crucial. the position can be done in a preventive and repressive manner, with the ultimate goal of achieving good governance. local government, as the implementer of governance at the local level, did not escape from the supervision policy conducted by the state.12 regional governments in their public services are externally supervised by state institutions with authority to oversee the implementation of public services organized by state and government administrators, the ombudsman. the ombudsman has trustees in the regions. in this study, the ombudsman in yogyakarta province will be studied and compared with the ombudsman in china at the regional level.13 the government of yogyakarta and the regional government under it are part of the supervised institution of the supervisory board of the ombudsman institution of yogyakarta. yogyakarta ombudsman institution cannot be separated from bureaucratic problems and the quality of human rights protection in yogyakarta. its presence since 2005 is considered a time frame of institutional change, in this context, the human rights protection institution in yogyakarta. maximizing the benefits of bureaucratic change and its services is distinguishing the gap changes generated by the ombudsman. as a change process, bureaucratic reforms and human rights protection through the ombudsman cannot be placed within the optimum utility framework to win and sacrifice one party. based on the 2022 annual reports of the indonesian ombudsman, it is stated that in 2022, the central ombudsman and representative offices as a whole handled 22,197 cases, ranging from 6,767 public reports, 11,427 non-report consultations, 1,437 quick responses, 88 self-initiated investigations, as well as copies of 2,478 cases. while in 2021, concerning the 2021 annual reports of the indonesian ombudsman, ombudsman received 7,186 reports/complaints from the public regarding implementing public services. the reports comprise 6,176 regular reports, 835 rapid response reports, and 175 self-initiated investigation reports. in addition to these reports, the indonesian ombudsman received nonreports consultations, which increased by 35.71% compared to the previous year, 12 simon sumanjoyo hutagalung and dedy hermawan, ‘evaluation of local government innovation program in lampung province’, jurnal bina praja, 10.2 (2018), 241–50 https://doi.org/10.21787/jbp.10.2018.241-250 13 jakob trischler and donald robert scott, ‘designing public services: the usefulness of three service design methods for identifying user experiences’, public management review, 18.5 (2016), 718–39 https://doi.org/10.1080/14719037.2015.1028017 https://doi.org/10.21787/jbp.10.2018.241-250 https://doi.org/10.1080/14719037.2015.1028017 issn 2807-2812 journal of human rights, culture and legal system 333 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) 2020. moreover, based on the yogyakarta ombudsman annual report, 2020-2022, there are more than 1020 consultations and complaints from various accesses. however, concerning the distribution of reported areas, yogyakarta only stated 446 cases. sharing causes of complaints from the public regarding their unfulfilled rights, discrimination, or unfair treatment by public service providers, either from state or private/company organizers.14 meanwhile, in china, in a survey conducted by the maplecroft institute, china still ranks third as the country with the worst human rights protection in the world after yemen and iran. 2023 china will implement bureaucratic reforms in its strategic plan, including changing the umbrella institution for the chinese ombudsman. whereas in the hongkong ombudsman, based on its annual report 2021/2022, the rest of the complaints handled 2,293 were closed after assessment due to insufficient grounds to pursue the complaint (1,171 or 51.1%) or jurisdictional or legal restrictions (1,122 or 48.9%). seeing the results of china's protection index, which are still weak, it is interesting to examine and compare the achievements and challenges of the ombudsman of china and indonesia in protecting human rights. in particular, indonesia and china have high population similarities, where guaranteeing the protection of human rights for every citizen will be very challenging to implement, especially at the local government level.15 several previous studies regarding the ombudsman in indonesia have examined it from various perspectives. for example, research on implementing the indonesian ombudsman in supervising public services in makassar. this study provides the results of an analysis of the role and function of the ombudsman in improving the quality of service by receiving reports from the public, which are reported around 679 and 489 cases can be resolved, meaning that around 60% of the total number of reports from the public and 40% are still in process.16 another study examines public service issues and ombudsman representatives' recognition level from the perspective of big data as input in development planning related to public service oversight. the results showed that based on the classification of the reported party, the three agencies that received the most complaints from march 2020 – march 2021 were the social services, education, and health services. problems related to social assistance were the most common complaints reported by the public to the indonesian ombudsman during the covid-19 period. in addition, the analysis shows that until the latest data for 2021, 14 nur fitriah ayuning budi and others, ‘a study of government 2.0 implementation in indonesia’, socio-economic planning sciences, 72 (2020), 100920 https://doi.org/10.1016/j.seps.2020.100920 15 tan yigitcanlar and others, ‘artificial intelligence in local government services: public perceptions from australia and hong kong’, government information quarterly, 40.3 (2023), 101833 https://doi.org/10.1016/j.giq.2023.101833 16 tasria lestari and others, ‘function control of ombudsman the republic indonesia (ori) in public service’, 2020, pp. 490–99 https://doi.org/10.15405/epsbs.2020.03.03.57 https://doi.org/10.1016/j.seps.2020.100920 https://doi.org/10.1016/j.giq.2023.101833 https://doi.org/10.15405/epsbs.2020.03.03.57 334 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) the level of popularity of the ombudsman in the regions is still low.17 based on a sample of scientific research that discusses the indonesian ombudsman, no one has yet researched the linkages of ombudsman achievements and challenges in ensuring arrangements for protecting human rights so that good governance can be realized. furthermore, previous studies on human rights protection policies in public services through the chinese ombudsman have not been carried out at the level of reputable scientific work. the author can browse papers that raise the ombudsman issue in china, but they are still general. for example, ivo mineiro's research (2009) discusses all ombudsman in china--mainland china, hong kong, and macao and there is no comparison with countries outside of china. 18 in addition, the writings of benny tai (2010) are more focused on discussing the institutional model of the ombudsman. 19 meanwhile, other recent articles previously had problems with the lack of guarantees for human rights in various fields, such as the environment and labor. however, this is not directly related to how the ombudsman resolves it as long as it remains under the authority of the ombudsman. for example, a study by xiaojie zhang et al. (2017) discuss how citizen environmental complaints benefit environmental regulators in china to control various pollution emissions. what drives residents to file objections to the environment that is rarely reported.20 in 2018, xiaojie zhang et al. conducted a similar study on environmental rights complaints. in his paper, we have explored the antecedents of intentional self-reported environmental complaints by citizens in china. moreover, xiuyun yang and qiuping chen (2023) researched natural resource utilization complaints. it was stated that the regulation on the use of resources was loosely enforced due to the lack of local legitimacy caused by the conflict of interest of the stakeholders. thus, the impact on environmental damage and people's livelihoods.21 in addition, research on environmental management rights continues to be found in the study of boqiang lin and aoxiang zhang (2023), also 17 andi setyo pambudi, istiqlal abadiyah sukma putri, and devy paramitha agnelia, ‘portrait of public service issues and recognition rate of ombudsman representative office in big data perspective’, jurnal perencanaan pembangunan: the indonesian journal of development planning, 6.3 (2022), 369–85 https://doi.org/10.36574/jpp.v6i3.299 18 ivo donat firmo mineiro, ‘the role of the ombudsman in defending human rights’, in one country, two systems, three legal orders perspectives of evolution (berlin, heidelberg: springer berlin heidelberg, 2013), pp. 329–37 https://doi.org/10.1007/978-3-540-68572-2_19 19 models of ombudsman and human rights protection 20 xiaojie zhang, guojie geng, and ping sun, ‘determinants and implications of citizens’ environmental complaint in china: integrating theory of planned behavior and norm activation model’, journal of cleaner production, 166 (2017), 148–56 https://doi.org/10.1016/j.jclepro.2017.08.020 21 xiuyun yang and qiuping chen, ‘mining violations, rent-seeking, and resource governance in china: evidence from central environmental protection inspection’, the extractive industries and society, 13 (2023), 101218 https://doi.org/10.1016/j.exis.2023.101218 https://doi.org/10.36574/jpp.v6i3.299 https://doi.org/10.1007/978-3-540-68572-2_19 https://doi.org/10.1016/j.jclepro.2017.08.020 https://doi.org/10.1016/j.exis.2023.101218 issn 2807-2812 journal of human rights, culture and legal system 335 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) discussing how to combat environmental pollution better. china announced the new china environmental protection law in 2015.22 furthermore, xiaojia zheng (2022), researching complaints on labor protection rights increases the stability of employees and strengthens their monitoring role. all the research above does not overlap massively with the author's research. instead, it has significant differences in the regulation of guarantees for human rights, notably through the ombudsman institution.23 all the research above does not overlap massively with the author's research. instead, it has significant differences in the regulation of guarantees for human rights, notably through the ombudsman institution. consequently, in the welfare state, supervision occupies the most important place. the public supervisory institution is needed to manage the current government. its presence was awaited by the people who wanted to improve the government system in a better direction, but not a few parties opposed its presence. zainal mochtar stated that anyone agreed that supervision would be essential in implementing a country's government. that is, it is challenging to let the government carry out a thing without considering the existence of its control method. it is because good governance is reflected in a system that regulates the balance between the public interest and the private rights of citizens.24 meanwhile, for other studies discussing the ombudsman, we have only found writings concerning the ombudsman in general, not specifically on protecting human rights. these studies are also not comparative, while this paper specifically compares settings in indonesia and china. based on the cases report, this study seeks to explore: the achievements and challenges of the ombudsman institution and its effectiveness in enforcing human rights protection in indonesia and china to realize good governance; the supervision pattern of ombudsman in indonesia and china, the enforcement of human rights protection; and ideal paradigm of human rights protection according to the comparison between ombudsman institutions in indonesia and china for evaluating indonesia human rights protection through ombudsman supervisory. in an organization, the supervisory system plays an important role in ensuring that everything goes according to the mandate, vision, mission, goals and targets of the organization. the supervision system has two main objectives, namely 22 boqiang lin and aoxiang zhang, ‘can government environmental regulation promote lowcarbon development in heavy polluting industries? evidence from china’s new environmental protection law’, environmental impact assessment review, 99 (2023), 106991 https://doi.org/10.1016/j.eiar.2022.106991 23 xiaojia zheng, yunfei yang, and yanyan shen, ‘labor protection, information disclosure and analyst forecasts: evidence from china’s labor contract law’, china journal of accounting research, 15.3 (2022), 100251 https://doi.org/10.1016/j.cjar.2022.100251 24 xiaotian tang, ‘reforms in the petition letter and visit system of china and construction of a harmonious society’, frontiers of law in china, 5.1 (2010), 77–90 https://doi.org/10.1007/s11463-0100004-5 https://doi.org/10.1016/j.eiar.2022.106991 https://doi.org/10.1016/j.cjar.2022.100251 https://doi.org/10.1007/s11463-010-0004-5 https://doi.org/10.1007/s11463-010-0004-5 336 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) accountability and learning processes. in terms of accountability, the supervision system will ensure that development funds are used in accordance with ethics and legal rules in order to fulfill a sense of justice. regarding the learning process, the supervision system will provide information about the impact of the program or intervention that is being carried out so that decision makers can learn how to create a more effective program. this research is essential to discover the achievements and challenges of protecting human rights from the ombudsman's supervisory work. the results can be used to evaluate and formulate better human rights protection policies. 2. research method this paper is normative legal research. referring to the analysis of the concept of good governance and arrangements for the protection of human rights in indonesia and china, which the regulation of oversight of public service bodies by the ombudsman embodies. the writing approach uses a statutory and conceptual approach by comparing regulations and implementation in indonesia and china. the legal substance of setting the general principles of good governance, human rights according to national and international laws/conventions, and supervision by the ombudsman is clarified through field data. the author uses an analytical technique based on interactive analysis, which consists of three activities that interact with each other and continue to be completed so that the data becomes saturated. activities in data analysis are data reduction, data presentation, and conclusion.25 this paper provides an overview of the achievements and challenges of protecting human rights by the ombudsman through its regulation. ultimately, the summary of human rights protection aspects will be obtained to validate the close relationship between good governance and implementing human rights protection as a state responsibility as stated in its national law as mandated by international law.26 3. results and discussion human rights protection policy in realizing good governance in indonesia the government's decentralization policy provides an opportunity to create a space for community participation in assessing local government performance. for this reason, innovations in administering the government include institutional reorientation, the attitude of the apparatus, and, most importantly, the political will 25 theresia anita christiani, ‘normative and empirical research methods: their usefulness and relevance in the study of law as an object’, procedia social and behavioral sciences, 219 (2016), 201– 7 https://doi.org/10.1016/j.sbspro.2016.05.006 26 alison b. hamilton and erin p. finley, ‘qualitative methods in implementation research: an introduction’, psychiatry research, 280 (2019), 112516 https://doi.org/10.1016/j.psychres.2019.112516 https://doi.org/10.1016/j.sbspro.2016.05.006 https://doi.org/10.1016/j.psychres.2019.112516 issn 2807-2812 journal of human rights, culture and legal system 337 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) of the bureaucracy itself. 27 one of the institutions that can encourage good governance is the ombudsman. the regional ombudsman institute of yogyakarta (yogyakarta ombudsman institution) is an executive ombudsman because the yogyakarta provincial government established it. its establishment was initiated by the center for human rights studies of the islamic university of indonesia (pusham uii) yogyakarta and supported by the partnership for governance reform in indonesia. it is motivated by the transformation of the government that wants to build a democratic and clean government.28 the juridical foundation for the establishment of the yogyakarta ombudsman institution is the people's consultative assembly (mpr) xi/1998 decision concerning the implementation of a clean and free country from corruption collusion and nepotism, mpr viii/2001 decision concerning recommendation on the direction of clean and free country from corruption collusion and nepotism state policy, law no. 20 of 2001 on eradicating corruption and implicitly outlined in the amendments to the 1945 indonesian constitution. the formation of the regional ombudsman, in addition to maintaining the national ombudsman, which is currently the ombudsman of the republic of indonesia (ori), is in line with the implementation of decentralization.29 government decentralization requires external caregivers in the region to resolve regional problems quickly. yogyakarta ombudsman institution supervises the administration of the state and regional governments to guarantee and protect the interests of the community. this institution has a strategic task to be a recipient institution of community complaints regarding decisions, actions, or behavior of state apparatus and regional governments that are considered detrimental in providing human rights protection in public services (see article 6 and 7 governor decision letter no. 134 of 2004 on the establishment and organization of regional ombudsman in yogyakarta province). in yogyakarta governor regulation no. 21 2008 concerning the organization and work procedure of regional ombudsman in the province of yogyakarta, it is expressly formulated to function as a supervisory institution, mediating community services on the implementation of regional government. in the yogyakarta governor regulation no. 21 of 2008 (currently based on the yogyakarta governor regulation no. 69 of 2014 that the yogyakarta regional ombudsman institute became the yogyakarta ombudsman institution which also 27 tommy firman, ‘multi local-government under indonesia’s decentralization reform: the case of kartamantul (the greater yogyakarta)’, habitat international, 34.4 (2010), 400–405 https://doi.org/10.1016/j.habitatint.2009.11.005 28 tri wahyu, ‘lod yogyakarta memperkuat keistimewaan yogyakarta’, jurnal ombudsman edition , 13 (2013) https://ombudsman.jogjaprov.go.id/jurnal-ombudsman-daerah-edisi-13/ [accessed 27 june 2023]. 29 suparman marzuki, ‘komisi ombudsman daerah dan good governance’, jurnal hukum ius quia iustum, 10.22 (2003), 16–26 https://doi.org/10.20885/iustum.vol10.iss22.art2 https://doi.org/10.1016/j.habitatint.2009.11.005 https://ombudsman.jogjaprov.go.id/jurnal-ombudsman-daerah-edisi-13/ https://doi.org/10.20885/iustum.vol10.iss22.art2 338 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) supervised human rights protection organized by private entities in the yogyakarta region), regulates 3 (three) objectives of the regional ombudsman: firstly, encouraging and realizing the implementation of clean, democratic, transparent and accountable regional government free from corruption, collusion, nepotism, abuse of power, or position and arbitrary actions and community legal awareness and upholding the rule of law; secondly, helping every citizen to get good, quality, professional and proportional services based on the principle of legal certainty, justice and equality from the regional government; thirdly, facilitating and providing mediation to obtain legal protection for every citizen to obtain good, quality, professional and proportional services based on the principle of legal certainty, justice and equality in all fields from the local government administrators (see article 5 yogyakarta governor regulation no. 21 of 2008). the yogyakarta ombudsman institution supervision pattern cannot be placed in the framework of the optimum utility to win one party and sacrifice the other. the changing gap that can be attempted through yogyakarta ombudsman institution is set in the framework of the optimum utility because the success of the process and the results are determined by an agreement between parties (morally binding). the capacity of the ombudsman to handle complaints and make changes to the bureaucracy and human rights protection is not only interpreted as the internal capacity of the institution. however, the system of ideas and the social system also influence the success of the ombudsman's institution. the ombudsman institution here then does not determine the output but only limits it. more precisely, institutions do not determine the institution's output in dealing with complaints cases but rather provide a limit for institutional actors in making future decisions and actions. 30 this approach overcomes the logic of appropriateness (sociological) and consequent logic (rational choice), which is then defined as the choice within constrain in the patterns that repeat in cases handled by the yogyakarta ombudsman. the pattern of supervision of yogyakarta ombudsman institution from social services that were previously given merely to respond to problems or needs (problems-based services), yogyakarta ombudsman institution applies to the mission of fulfilling rights-based services as mandated by the national constitution of 1945 and the international convention. the pattern of human rights protection, based solely on normative rules (rules-based approaches), becomes a resultsoriented approach. accountability, effectiveness, and efficiency mean the achievement of key performance indicators. there is a transformation of public management supervision into public governance. in the public management concept, the community is considered a client, customer, or simply a service user, 30 nabila firstia izzati, ‘ombudsman sebagai lembaga pengawas pelayanan publik di indonesia’, sasi, 26.2 (2020), 176 https://doi.org/10.47268/sasi.v26i2.235 https://doi.org/10.47268/sasi.v26i2.235 issn 2807-2812 journal of human rights, culture and legal system 339 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) so it is part of the market contract. in public governance, people become citizens who are part of the citizen contract.31 in public governance, necessary service procedures are published so that information disclosure occurs, guaranteeing the implementation of other good governance principles such as participation and accountability. thus, a good or bad service can be seen in the high and low levels of citizens' trust. it can then build order and peace in a society. in terms of state financial performance, public policies can shape community integrity. therefore, there is an urgent need for the development of a linkage of public policy in handling problems of people's welfare. 32 the main objective is streamlining coordination and networking to improve the community's guarantee and social security system. thus, they can respond to the signs and impacts of social change around them. there is also the need for documentation that bridge communication about policies made between policymakers, designers, and stakeholders. the yogyakarta ombudsman institution's supervision pattern always coordinates with other supervisory institutions, especially community representation supervisory institutions. among the supervisory institutions are the regional house of representatives, information commission, election oversight body, and nongovernmental organisation (ngo). it was to build a human rights protection integrity system so that the issue of human rights protection was immediately resolved. the solution can also be a systemic and binding policy through a local regulation or decree. yogyakarta ombudsman institution developed supervision to ensure the actualization of rights and obligations that optimize the synergy of the state (in this case, the government bureaucracy) and the people. human rights protection is one indicator of the government's assessment of governmental duties. the existence of the government no longer regulates and creates mere procedures, but for now, it prioritizes good service to the community. yogyakarta ombudsman institution considers that the state is obliged to serve every citizen and population to fulfill their fundamental rights and needs within the human rights protection framework. it also has a role in the affirmation of the rights and obligations of every citizen and resident and the realization of state and corporate responsibility in the implementation of human rights protection, in addition to protecting every citizen and population from abuse of authority in the administration of human rights protection. 31 nuriyanto nuriyanto, ‘membangun budaya hukum pelayanan publik untuk mewujudkan kesejahteraan rakyat’, integritas, 1.1 (2018), 15 https://doi.org/10.32697/integritas.v1i1.112 32 matondang elsa siburian, ‘the link between fiscal decentralization and poverty – evidence from indonesia’, journal of asian economics, 81 (2022), 101493 https://doi.org/10.1016/j.asieco.2022.101493 https://doi.org/10.32697/integritas.v1i1.112 https://doi.org/10.1016/j.asieco.2022.101493 340 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) the pattern of supervision of yogyakarta ombudsman institution, again, involves the community with the pattern of empowering the social audit system using technological facilities such as e-mail, telephone, and gateway short message system. what's interesting is the sms gateway pattern that is connected to the officials concerned. every citizen complaint can immediately get a response from the regional working unit (skpd) head (this monitoring system with the sms gateway model has collaborated with the bantul health office—every complaint related to health services in the district health center. the head of his office can directly respond to bantul). thus, it facilitates access to citizen complaints and their resolution.33 cooperation, coordination, and synergy of supervisory and supervised institutions are means of improving the quality of human rights protection that can realize good governance. in this case, coordination and cooperation will increase the effectiveness and efficiency of implementing the institution's role. institutional strengthening must also be given to the regional external supervisory agency, which is currently based on the leadership's or regional head's decision to become a provincial regulation. thus, all positions of the supervisory institution have the same strong juridical basis. it is to guarantee and fulfill the rights of the people to get excellent and quality human rights protection that the government can achieve. supervision of human rights protection is not only focused on administrative constraints, but also the essential one is the fulfillment of citizens' rights in the form of justice mandated by pancasila as the nation's ideology and the 1945 constitution, which forms the basis of the indonesian constitution. the more significant the role of supervision of the ombudsman in the government bureaucracy, the better the quality of human rights protection. it will advance the welfare of the people in the dynamics of the development of the nation and the state of indonesia. the institutional design of the executive ombudsman is not without reason, and it has challenges and obstacles. moreover, the initial aspirations and spirit of establishing this institution were to create excellent and clean local governance. its enthusiasm must undoubtedly be faced with the bureaucratic pathology that occurs. yogyakarta ombudsman's' institutional design has the duty, function, and authority to supervise human rights protection and follow up complaints in the form of recommendations for improvements that are only morally binding. of course, this is not strong enough to provide the power to drive change. therefore, the success of the yogyakarta ombudsman institution as a reflection of the performance of the bureaucratic apparatus is a catalyst for change. good faith or goodwill from human rights protection providers determines changes. for 33 zahara nampewo, jennifer heaven mike, and jonathan wolff, ‘respecting, protecting and fulfilling the human right to health’, international journal for equity in health, 21.1 (2022), 36 https://doi.org/10.1186/s12939-022-01634-3 https://doi.org/10.1186/s12939-022-01634-3 issn 2807-2812 journal of human rights, culture and legal system 341 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) bureaucracies that do not understand the duties and functions of the ombudsman institution, the image of the yogyakarta ombudsman institution is often synonymous with institutions that are looking for problems and mistakes from them. even if placed as a work partner, the performance of the yogyakarta ombudsman institution will significantly help improve the quality and performance of the apparatus in providing services to the citizen. thus, people have trust in the government.34 achievements and challenges of human rights protection policy of the yogyakarta ombudsman institution in realizing good governance the effectiveness of supervision and success of the yogyakarta ombudsman institution can be seen in the supervision system. supervision of the yogyakarta ombudsman institution is very effective, followed by recommendations when synergizing with legislative institutions and ngos and coordinating with the executive. fundamental citizen problems related to the rights and obligations are to be followed up systemically in the form of rules or regulations, decisions of regional heads, and related skpd. recommendations on the structure of policy change/ improvement (impact) and the form of human rights protection have significant results, with the reason that the recommendations produce new policy products as an anticipatory regulation on problems that arise later on. it mentioned proof of effectiveness and the success of achieving institutional performance. the clarification, mediation, and recommendation mechanisms issued by the regional ombudsman are a solution to problems outside the court, prioritizing the values of deliberations between parties (reporters, in this case, are the community, and the reported in this case is the yogyakarta local government agencies). all complaints are always made through a clarification process, such as tuition fees and health service fees for those who already have health insurance, clarification is carried out by inviting the reported party. if the clarification results show that it is not a violation of regulations/laws, only a communication error, then mediation is carried out. if there is a violation, the product is a recommendation. 35 for example, the existence of school fees is a violation of regulations. the school is asked to comply with the rules and to their superiors/agencies above them to impose sanctions on the agencies under them as reported. hospitals are under the health office, schools are under the education office, etc. furthermore, monitoring is done by asking whether the reported party has fulfilled its obligations. regional ombudsman can bridge what people expect 34 edi pranoto, ‘effectiveness of legal construction: general principles of good governance in indonesia’, in proceedings of the 3rd international conference on globalization of law and local wisdom (icglow 2019) (paris, france: atlantis press, 2019) https://doi.org/10.2991/icglow-19.2019.87 35 carmen marsal, ‘the yogyakarta principles: human rights at the service of gender ideology’, díkaion, 20.1 (2011), 119–30 https://doi.org/10.5294/dika.2011.20.1.6 https://doi.org/10.2991/icglow-19.2019.87 https://doi.org/10.5294/dika.2011.20.1.6 342 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) from the yogyakarta provincial government and what the yogyakarta provincial government can do to provide the best service to the community. in general, handling reports in yogyakarta ombudsman institution can be through the stages of investigation, clarification, and/or mediation. some reports can be declared completed in the mediation stage, where both parties (reporters and reported parties) agree to resolve or consider the problem to be resolved in the mediation forum. in comparison, completing several other reports can lead to legal opinions of yogyakarta ombudsman institution and/or yogyakarta ombudsman institution recommendations. monitoring and evaluating recommendations are the starting point in determining the extent to which changes occur or not from the emergence of yogyakarta ombudsman institution recommendations. the monitoring results become the reason or rationalization of the success of supervision and measuring the quality of performance of human rights protection carried out by the regional government.36 the number of reports that were followed up during 2020-2022 was adjusted to the reports entered in yogyakarta ombudsman institution with the number of complaints totaling 446 reports consisting of 141 reports in 2020, 123 reports in 2021, 182 reports in 2023 (see report data annual central ombudsman—data based on the distribution of the reported areas). meanwhile, data on consultations and reports successfully handled by the yogyakarta ombudsman annual report, for the last three years, there have been 1023 cases. the detailed report (the number of complaints and their solution) can be seen in the table below: table 1. yearly complaint amount based on distribution of reported areas in yogyakarta on central ombudsman data no year of report / complaint amount 1 2020 141 2 2021 123 3 2022 182 total 446 source: data processed from the annual report of the ombudsman of the republic of indonesia for 2020, 2021 and 2022 36 leli tibaka and rosdian rosdian, ‘the protection of human rights in indonesian constitutional law after the amendment of the 1945 constitution of the republic of indonesia’, fiat justisia:jurnal ilmu hukum, 11.3 (2018), 266 https://doi.org/10.25041/fiatjustisia.v11no3.1141 https://doi.org/10.25041/fiatjustisia.v11no3.1141 issn 2807-2812 journal of human rights, culture and legal system 343 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) table 2. the amounts of cases and follow up consultation and complaint no year complete cases cases in process which entered in the following year amount 1 2020 326 19 345 2 2021 257 23 280 2022 398 not yet known 398 total 1023 source: data processed from the annual report of the ombudsman of the yogyakarta province for the iv quarter in 2020, 2021 and 2022 in 2020, there were 246 cases handled by information/ consultation type and 99 complaint reports; another 19 cases are included in handling cases in 2021. in 2021, 187 cases were conducted with the kind of information/ consultation and 93 reports of complaints, but 23 cases will continue in 2022. meanwhile, in 2022 270 cases have been handled with this type of information/ consultation and 128 complaint reports. based on table 2. there is a significant increase in cases dealt with from 2021 to 2022. in 2021, cases that often receive attention from the ombudsman's supervision are maladministration of the registration of transfer of ownership rights to land by several agencies, including the head of the bantul regency land office, the head of the kulon progo regency land office, the head of the yogyakarta city land office, the head of the gunungkidul regency land office, and the head of the gunungkidul regency land office, and land affairs of sleman regency. below are several samples of case analysis and policy results conducted by the yogyakarta ombudsman. table 3. cases and policies no cases case level policy results 1. guwosari housing systemic there was a change in the policy on housing and citizen facilities regulations in bantul 2. diploma detention systemic 1. se dindik yogyakarta city; 2. regional regulation no. 10 of 2013 concerning yogyakarta education funding 3. population administration for vulnerable groups systemic there is a mechanism for data collection of vulnerable groups to obtain population documents (national id/ family card/ letter of birth) 4. apindo yogyakartaregional regulation ho retribution systemic a regent's decree appears regarding relief of retribution 5. consideration of personal the regent revamped in accordance with 344 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) position and rank agency (baperjakat) civil servants gunungkidul gol. iv a the rules recommended by yogyakarta ombudsman institution. 6. community health insurance (jamkesmas) systemic minister of health regulation to replace jamkesmas membership (via ombudsman brief) 7. mas suharto land systemic national land agency’s (bpn) recommendation to revoke land ownership status. 8. governor regulation, regional regulation on disability systemic acceleration of governor regulation on disability regional regulation 9. bri atm for disability personal atm se is allowed for blind customers 10. hospital referral personal the emergence of a non-guaranteed referral form mechanism 11. prambanan temple tourism park (twc) personal get a kiosk at prambanan twc. 12. health insurance for vulnerable groups personal the emergence of governor regulation no. 1 of 2014 concerning health insurance for vulnerable groups 13. perennials in rice fields personal village regulations appeared on perennials. 14. one-door registration for knowledge management system (kms) personal 2013 new student admission monitoring 2014 15. the issue of ex-wife's salary personal got 1/3 part of salary. 16. service of local water company (pdam) sleman personal 2012 preparation of technical guidelines for operational guidelines and complaints facilities in local water company (pdam) sleman. 17. srunen elementary school systemic there is already village facilitation towards the relocation of srunen elementary school. 18. issue of election of hamlet heads personal recommended domicile principles 21. death certificate personal repair the death form 22. land personal 2013 improvement of documentation and filing systems in danurejan district. camat does not function as land titles registrar (ppat) 23. wonolelo environmental mining systemic stop mining 24. letter of credit (lc) systemic lc follow-up: coordination between agencies to follow up in stages and issn 2807-2812 journal of human rights, culture and legal system 345 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) based on table 3., those cases above are followed by some policies as their solution in the form of regional regulation and decisions of skpd. if we look at the scope of the problems in the yogyakarta ombudsman institution tradition, it can be divided into two criteria: cases with systemic levels and issues experienced only by individuals. these individual cases can also have a systemic impact, or individual cases but also concern the rights and obligations of citizens in general. the parameters of effectiveness and the successful implementation of the yogyakarta ombudsman institution's recommendations are the implementations of recommendations, and those followed up with regulatory policies. the more intensive involvement of ombudsman institutions in efforts to resolve problems shows the increasing acceptance/degree of institutional openness from the institutions reported.37 changes in policy as an outcome contained in a gradual regional regulation starting from the regional regulation, regulation of the regional head, or limited to internal rules of the agency concerned. in addition, the effectiveness and success of the yogyakarta ombudsman institution is shown by the yogyakarta ombudsman institution's capacity as a horizontal bridge between regions, especially in yogyakarta. thus, there is policy replication between regions. that is, changes from existing complaints can be replicated or applied in other areas. in addition to implementing excellent and satisfying services to the citizens, it has become a demand of the community such that government agencies providing human rights protection must fulfill them. these demands arise from citizens' awareness of the importance of good governance, authority, openness to the active participation of citizens, and upholding the rule of law. good governance can also be interpreted as a general principle or guideline containing idealized legal norms (ideal norms) that are philosophical. if the principle can be fully implemented, its characteristics will appear factual when human rights protection is held. good service requires citizen/public participation, obedience to rules, transparency, responsiveness, effectiveness and efficiency, responsibility, and clarity of time and cost.38 good governance has a number of characteristics as follows: (1) accountable, meaning that the making and implementation of policies must be accompanied by 37 robert bruce hey, ‘what are the principles of good governance?’, in performance management for the oil, gas, and process industries (elsevier, 2017), pp. 91–105 https://doi.org/10.1016/b978-0-12810446-0.00007-4 38 luca mora and others, ‘smart city governance from an innovation management perspective: theoretical framing, review of current practices, and future research agenda’, technovation, 123 (2023), 102717 https://doi.org/10.1016/j.technovation.2023.102717 comprehensively starting with building roads according to the lc map. 27. swap land swap personal clarify school status, school land and village treasury. https://doi.org/10.1016/b978-0-12-810446-0.00007-4 https://doi.org/10.1016/b978-0-12-810446-0.00007-4 https://doi.org/10.1016/j.technovation.2023.102717 346 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) accountability; (2) transparent, meaning that adequate information must be available to the public regarding the process of making and implementing policies; (3) responsive, meaning that in the process of making and implementation, policies must be able to serve all stakeholders; (4) equivalent and inclusive, meaning that all members of the community without exception must have the opportunity in the process of making and implementing a policy; (5) effective and efficient, meaning that policies are made and implemented using the best available resources; (6) following the rule of law, meaning that in the process of making and implementing policies requires a just and enforced legal framework; (7) participatory, meaning that the making and implementation of policies must open space for the involvement of many actors; (8) consensusoriented (agreement), meaning that the making and implementation of policies must be the result of mutual agreement among the actors involved.39 to guarantee and improve the implementation of human rights protection, the supervision of the external bureaucracy needs to work together with mutual assistance in supervision matters. supervisory institutions, such as yogyakarta ombudsman institution, also provide a space of appreciation for government officials who have performed well as stipulated in law no. 25 of 2009 on public service. then the yogyakarta ombudsman institution commissioner in the third period (2012-2015) gave awards to the apparatus and agencies that had performed well in the follow-up corridor of handling complaints and implementing recommendations from the yogyakarta ombudsman institution. thus, yogyakarta ombudsman institution is a punisher and an award for those who want to do bureaucratic reform and human rights protection in public service. a supervisory performance is changing, reforming, structuring, improving, or perfecting the bureaucracy to function optimally in community service.40 people, as citizens, have full rights to service to actualize themselves. the state represented by the government must be present for services to fulfill the rights of its citizens. the maximization of benefits for changes in bureaucracy and its services is a differentiator of the gap in change produced by the ombudsman. the supervision of the ombudsman cannot be placed in the framework of the optimum utility to win one party and sacrifice the other because of its independent and impartial nature. however, the vision and mission of fulfilling citizens’ priorities are prioritized. 39 lisa sharma-wallace, sandra j. velarde, and anita wreford, ‘adaptive governance good practice: show me the evidence!’, journal of environmental management, 222 (2018), 174–84 https://doi.org/10.1016/j.jenvman.2018.05.067 40 jacob torfing and peter triantafillou, enhancing public innovation by transforming public governance, ed. by jacob torfing and peter triantafillou (cambridge university press, 2016) https://doi.org/https://doi.org/10.1017/cbo9781316105337 https://doi.org/10.1016/j.jenvman.2018.05.067 https://doi.org/https:/doi.org/10.1017/cbo9781316105337 issn 2807-2812 journal of human rights, culture and legal system 347 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) based on data on cases resolved by the yogyakarta ombudsman, the ombudsman ri is of the opinion that the services received by the community in yogyakarta province in 2021 for the substance of population administration, education, health, and licensing are perceived to have a low level of maladministration. it is also supported by compliance with high service standards for the four substances. so based on the existing categories, it can be said that di province. yogyakarta is included in category a. likewise, in 2022, maladministration in yogyakarta will get a score of 1.05 which is included in the low category. however, there are challenges in implementing human rights protection in every case handled by the yogyakarta ombudsman. several problems arise for various reasons, ranging from problems with government administration policies to their implementation.41 based on the existing challenges, the ombudsman of the republic of indonesia reports challenges that need to be resolved, namely: 1) increasing the implementation of bureaucratic reform in regional governments, 2) simplifying the bureaucracy, 3) accelerating the implementation of electronicbased government systems in ministries/institutions/regions, 4) program to accelerate transformation related to the concept of rpp regarding ‘semesta award’ management, 5) increasing compliance with public service standards, 6) encouraging the establishment of a national public service complaint management system and implementing regular monitoring and evaluation, 7) encouraging the realization of the online single submission risk based approach in administering business licensing, and 8) encouraging the realization of the implementation of public service malls. it is based on several issues that challenge the ombudsman's work regarding the matter of public services for marginalized people that need to be put forward at the head office and representatives. it is because the potential for economic and social disparities is still vast in indonesia; the ombudsman is needed to provide inclusive public services; the representative office will play a crucial role in reaching out to the people in the frontier, outermost, lagging (3t) areas to ensure that the state is present in the form of public services.42 human rights protection policy in realizing good governance in china basically, the chinese government continues to strive for various human rights protections in every line of national life. in 2004, the national people's congress (npc) – china's highest legislative body included in the chinese constitution that “the state respects and protects human rights”. this is a milestone for the chinese government to change human rights from just a political conception to law. 41 arip sudrajat and lesmana andhika, ‘empirical evidence governance innovation in public service’, jurnal bina praja, 13.3 (2021), 407–17 https://doi.org/10.21787/jbp.13.2021.407-417 42 paul spicker, ‘the nature of a public service’, international journal of public administration, 32.11 (2009), 970–91 https://doi.org/10.1080/01900690903050927 https://doi.org/10.21787/jbp.13.2021.407-417 https://doi.org/10.1080/01900690903050927 348 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) therefore, an ombudsman institution was formed which is an integral part of every government that is open, accountable and good. the national public complaints and proposals administration is the national ombudsman of the people's republic of china. a state council's affiliated national bureau was established in 2000. the china ombudsman has been under the social work department of the chinese communist party central committee since march 2023. in march 2023, china unveiled the details of the state council institutional reform plan (plan) and conducted a vote to appoint new state council officials in the ninth round of state council reorganization since the reform era began. previous rounds took place in 1982, 1988, and every five years thereafter. this reform plan changed the function of about 12 institutions and created two new ones. one of them is the newly formed central social work department as a functional department of the central committee. the new department assumes “unified leadership” over the reclassified national public complaints and proposals administration; and taking over the work of the ministry of civil affairs to guide the development of systems and capacities to regulate urban and rural communities and design social work policies. at the 2023 national people's congress it was stated that the national people's complaints and proposal administration would become an agency directly under the state council from one under the general office of the state council, according to the state council's institutional reform plan. it is responsible for hearing public complaints and proposals against various levels of government agencies nationally. the public sector ombudsman has an essential function in handling complaints against public bodies and ensuring public services' accountability and transparency. they have a role to play in raising standards in public administrative. 43 reducing corruption, maladministration and increasing efficiency and consistency in decision-making are targets that must be pursued. 44 like ombudsman institutions in other countries, china does not have a universally agreed-upon public sector ombudsman model, from constitutional status and institutional design to processes and practices.45 it is sharply illustrated by contrasting the public sector ombudsman model in the greater china region, namely in mainland china, hong 43 zhao-ge liu, xiang-yang li, and xiao-han zhu, ‘scenario modeling for government big data governance decision-making: chinese experience with public safety services’, information & management, 59.3 (2022), 103622 https://doi.org/10.1016/j.im.2022.103622 44 fabian teichmann and others, ‘business to government (b2g) corruption and resource misallocation. the case of china at the municipal level’, journal of economic criminology, 1 (2023), 100005 https://doi.org/10.1016/j.jeconc.2023.100005 45 stephen thomson, ‘the public sector ombudsman in greater china: four “chinese” models of administrative supervision’, university of pennsylvania journal of international law, 39.2 (2017), 435 – 490 https://www.scopus.com/inward/record.uri?eid=2-s2.085045951102&partnerid=40&md5=0f741d0b81c9f9fdec03e52a9e6cc058 https://doi.org/10.1016/j.im.2022.103622 https://doi.org/10.1016/j.jeconc.2023.100005 https://www.scopus.com/inward/record.uri?eid=2-s2.0-85045951102&partnerid=40&md5=0f741d0b81c9f9fdec03e52a9e6cc058 https://www.scopus.com/inward/record.uri?eid=2-s2.0-85045951102&partnerid=40&md5=0f741d0b81c9f9fdec03e52a9e6cc058 issn 2807-2812 journal of human rights, culture and legal system 349 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) kong, macau, and taiwan—regions with significant political, constitutional, and economic convergence. administrative control arrangements in china are currently clearly regulated in the china constitution and the china law on administrative supervision. the ombudsman's powers in this regard include receiving complaints from citizens and to resolve problems within the organs of the state administration and enforcement of laws and regulations, as well as in decisions and decisions of the government. moreover, based on the china law on administrative oversight, it empowers the supervisory body to carry out inspections, investigations, recommendations, and impose administrative sanctions. based on the findings obtained, the ombudsman can advise the relevant departments to correct errors and take disciplinary action against violators. in addition, regarding maladministration compensation, an examination can be carried out on illegal levies and fines.46 however, it should be noted beforehand that the most notable difference from china's view of human rights is its disregard for civil and political rights, particularly freedom of speech and expression. china even dropped two positions to 13th with the highest risk in our modern slavery index over the past year, the highest position since the data set was launched by the maplecroft institute in 2016. the discussion is more specific to beijing, which is a city that is illiberal regarding human rights. beijing's human rights framework undermines individual freedom and emphasizes economic development above all other rights. this effectively avoids accountability and scrutiny of rights violations, especially those perpetrated by the state. oversight from the government the ombudsman is certainly very important to resolve this issue.47 unfortunately, beijing, which continues to improve, is still accompanied by increasingly severe human rights violations in the country. on a broader scale, the party-state has intensified repression against dissidents, human rights lawyers, and relevant civil society activists. recently, beijing has also been widely criticized for setting up sprawling internment camps in china's northwestern xinjiang region, with reports that the china has detained more than one million chinese muslims, almost all uyghurs, and kazakhs. beijing has pushed back norms deemed to be against its interests and sought to introduce ideas that conflict with the fundamental values of the international human rights system. it is increasingly leading in advancing his distinctive and controversial human rights cause while seeking to circumvent international scrutiny of his questionable human rights record. china's impact is not limited to the international human rights regime. 46 mineiro. 47 hongjie cao and others, ‘the impact of strengthening government auditing supervision on fiscal sustainability: evidence from china’s auditing vertical management reform’, finance research letters, 47 (2022), 102825 https://doi.org/10.1016/j.frl.2022.102825 https://doi.org/10.1016/j.frl.2022.102825 350 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) whereas, based on the ombudsman, hong kong annual report 2021/2022, hong kong's performance results, in 2022 there were 5,032 cases that had been resolved. 2,293 cases were closed after assessment, 92 were concluded by full investigation, 2,432 were concluded by inquiry, and 215 were resolved by mediation. the international world marks china regarding the many human rights issues that are increasingly assertive and influential, which will be the most formidable challenge faced by the global human rights regime.48 changes to the chinese ombudsman institution—the national public complaints and proposals administration were made to strengthen and improve the handling of public petitions and better protect the interests of the people. responsible for handling letters and summons from chinese citizens, foreigners, legal entities, and other organizations to the party central committee, state council, and leading colleagues through posts and visits. in addition, responsible for providing important suggestions, opinions and questions submitted by post and summons to the party central committee, state council, general office of the cpc central committee, and general office of the state council: assessing information in posts and visits, carrying out investigations, and formulate and revise relevant policies, policies, and legal and regulatory recommendations. notably, china could be among the countries that use the classic ombudsman human right model that emphasizes maintaining public administration performance standards and eliminating official errors. even so, seen from the perspective of the human rights ombudsman model, he still emphasizes protecting the rights of citizens.49 mainland-wide reforms concerning administrative oversight mechanisms are in sight, with pilot programs being implemented in beijing city, shanxi province, and zhejiang province. the achievements of the chinese ombudsman, one of which is the ombudsman office in taiwan (yuan control) and mainland china (national supervision commission), have been in the spotlight lately. the ombudsman of taiwan and mainland china made positive and fruitful contributions to the oversight of public administration bodies, especially concerning the protection of human rights and anti-corruption. while offices display marked differences under each jurisdiction, the region increasingly emphasizes the importance of administrative oversight bodies.50 48 victoria tin-bor hui, ‘beijing’s hard and soft repression in hong kong’, orbis, 64.2 (2020), 289– 311 https://doi.org/10.1016/j.orbis.2020.02.010 49 rana siu inboden, china and the international human rights regime (cambridge university press, 2021) https://doi.org/10.1017/9781108888745 50 lin-ling uang, ‘a comparative legal study on functions and powers of the ombudsman system in taiwan and mainland china’, in chinese (taiwan) yearbook of international law and affairs, volume 37, 2019 (brill | nijhoff, 2020), pp. 243–71 https://doi.org/10.1163/9789004443297_011 https://doi.org/10.1016/j.orbis.2020.02.010 https://doi.org/10.1017/9781108888745 https://doi.org/10.1163/9789004443297_011 issn 2807-2812 journal of human rights, culture and legal system 351 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) model of human rights protection paradigm in realizing good governance the protection of human rights is a mandate of international law. the birth of international human rights legal instruments results from an extended dialogue between human civilizations. human rights were born from the awareness of natural rights that gave rise to the british revolution, the american revolution, and the french revolution, which were nothing but the struggle for human rights. the universal declaration of human rights (udhr) is an instrument adopted by the united nations general assembly in 1948. although in terms of its form, the udhr is not an international treaty, this instrument has so far received wide acceptance and recognition from the international community. udhr is even qualified as an international bill of rights with two international covenants produced in 1966: the international covenant on civil and political rights and the international covenant on economic, social, and cultural rights.51 in addition, many thematic international agreements were also successfully produced, such as the international convention on the elimination of all forms of racial discrimination; the convention on the elimination of all forms of discrimination against women; the convention against torture and other cruel, inhuman or degrading treatment or punishment; convention on the rights of the child, convention on the protection of the rights of all migrant workers and members of their families; convention on the rights of persons with disabilities; and the international convention for the protection of all persons from enforced disappearance. in addition, the long history of gross violations of human rights that have shaken the conscience of humankind has initiated the birth of several international agreements, such as the convention on the prevention and punishment of the crime of genocide, the convention on the non-applicability of statutory limitations to war crimes and crimes against humanity, and the rome statute of the international criminal court.52 the above conventions to implement them, countries must adopt them in law. in indonesia itself, human rights regulation is contained in the 1945 constitution and its amendments; resolutions of the people's consultative assembly no. xvii/mpr/1998 law no. 39 of 1999 concerning human rights law no. 26 of 2000 concerning the human rights court, law no. 40 of 2008 concerning the elimination of race and ethnic discrimination, law no. 7 of 2012 concerning handling of social conflicts and other relevant national laws and regulations. although it is regulated in law, the implementation of human rights protection is not an easy thing. even the state that enforces human rights in law can often not implement it. poor bureaucracy, weak law enforcement, and lack of supervision affect the inadequate protection of human rights. 51 bardo fassbender, securing human rights?achievements and challenges of the un security council (oxford university press, 2011) https://doi.org/10.1093/acprof:oso/9780199641499.001.0001 52 malcolm molyneux, ‘ombudsman’s report for 2019’, the lancet, 396.10246 (2020), 224–25 https://doi.org/10.1016/s0140-6736(20)31546-4 https://doi.org/10.1093/acprof:oso/9780199641499.001.0001 https://doi.org/10.1016/s0140-6736(20)31546-4 352 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) to overcome the weak protection of human rights, some countries have established their supervisory agencies and allow ngos to protect human rights.53 in indonesia, partially in yogyakarta, the ombudsman institution is one of the long arms of the public service supervision agency that indirectly supervises the implementation of the protection of human rights. applying the concept of citizenship in which the yogyakarta ombudsman institution indirectly places the community as a supervisor of public services, will restore how the struggle for the birth of human rights was started, where human rights and their instruments are born out of the battle of society (humans) and the dialogue process at that time. local ombudsman have the same functions. however, they do their jobs in a specific city or region. they defend civil rights and try to offer solutions for mischief in local governments. besides, they put forward their offers for the improvement of local administration. shortly local ombudsman have a limited scope of responsibilities and authorities as they operate in a defined region. the administrative processes have distinguishing features, and selected figures participate in decision-making, making the ombudsman’s inspection different. local ombudsmen watch out for the fair implementation of decisions taken by local councils and try to enhance the quality of decisions and administration. they keep an eye on legal processes.54 the ombudsman institution continues to develop because human rights issues in the public service process are also increasingly complex, so policies in determining how the ombudsman works greatly influence the level of achievement of the institution. at least the ombudsman institute can consider several factors, such as self-awareness and self-perception of the ombudsman may be more critical factors. the ombudsman can provide a broader understanding of empowering laws and incorporate preferences regarding protecting human rights into the public service system. in addition, it can also limit the possibility of interpretation and shape the ombudsman's internal thinking on the priority of protecting human rights. however, institutional factors such as the human rights situation in the jurisdiction, the historical, political, constitutional, and cultural environment of the jurisdiction, and the institutional design of the ombudsman will determine the challenges and success of the outcome. however, this does not mean that the ombudsman's policies (for 53 casey m. white and others, ‘the bridging role of non-governmental organizations in the planning, adoption, and management of the marine protected area network in raja ampat, indonesia’, marine policy, 141 (2022), 105095 https://doi.org/10.1016/j.marpol.2022.105095 54 mhd. taufiqurrahman and muhammad dias saktiawan, ‘ supervision of local people’s representative boards in clean local governance governance’, jurnal pembaharuan hukum, 9.2 (2022), 334 https://doi.org/10.26532/jph.v9i2.26618 https://doi.org/10.1016/j.marpol.2022.105095 https://doi.org/10.26532/jph.v9i2.26618 issn 2807-2812 journal of human rights, culture and legal system 353 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) example, in a regional representative office) do not affect the scope and effectiveness of human rights protection in the public service system.55 besides, the capacity of the ombudsman to handle complaints and make changes to the bureaucracy and human rights protection is not only interpreted as the internal capacity of the institution. however, the system of ideas and the social system also influence the success of the ombudsman institution. the supervision paradigm becomes urgent to determine the output or results of supervision. the oversight model for period three, yogyakarta ombudsman institution, does not determine the institution's output in dealing with complaints but instead provides a limit for institutional actors in making future decisions and actions. this approach overcomes the logic of appropriateness (sociological) and consequent logic (rational choice), which is then defined as the choice within constrain in the patterns that repeat in cases handled by the yogyakarta ombudsman. the supervisory control pattern will be ideal if a policy process always involves the citizen (community) in each process. the community participates in a transparent policy and oversees its implementation. for example, yogyakarta regional regulation no. 4 of 2012 concerning the protection and fulfillment of the rights of persons with disabilities involves many elements of society, from academics, various organizations and groups of people with disabilities, ngos, and supervisory institutions. this oversight model is a concept of citizenship, meaning a membership that shows the relationship or bond between the state and its citizens. the idea of citizenship is contextual, indicating that this concept is not sterile to changes occurring in the region's society and government. bryan s. turner in citizenship and social theory (1993) states that citizenship is a set of practices or actions that include judicial, political, economic, and cultural practices which can determine someone as a competent member of society as a consequence of shaping the flow of resources to people and groups social groups. the concept of citizenship is a set of legal, political, economic, and cultural actions citizens can do as community members. citizenship is a person's membership in controlling a particular political unit with which he brings the right to participate in political/ public policy activities. according to the social contract theory, citizenship status affects rights and obligations. in the philosophy of "active citizenship," a citizen must contribute his ability to improve the community through economic participation, human rights protection, voluntary work, and various similar activities to improve the livelihoods of his community.56 55 hadi prabowo, ‘regional autonomy oversight models in denmark and zimbabwe and alternative regional autonomy oversight model in indonesia’, jurnal bina praja, 12.1 (2020), 64–74 https://doi.org/10.21787/jbp.12.2020.64-74 56 khudzaifah dimyati and others, ‘indonesia as a legal welfare state: a prophetic-transcendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.21787/jbp.12.2020.64-74 https://doi.org/10.1016/j.heliyon.2021.e07865 354 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) citizens are prioritized in the existence of a human rights protection standard as regulated in the law on human rights protection. the product of the policy must follow the laws and regulations. the purpose, scope, or form of activities, financing, and rules, including control mechanisms, must be clear. more important than that are the parties who are the actors are made promises of service or citizen charter. therefore citizens' access and control for complaints must be handled professionally. it is a proof of the principle of acceptance and recognition of human rights in the practice of democratic governance. 57 the pattern of supervision built in period three accentuates the paradigm of synergy between institutions and has been effective. however, one thing needs to be underlined: the pattern of synergy with government oversight institutions has not run optimally. in this context, period three yogyakarta ombudsman institution maintains the independence of the regional ombudsman. however, the regional ombudsman at least overcomes the weaknesses of the supervision system within the government bureaucracy and also builds a participatory monitoring mechanism. it is where the urgency of the supervisory institution to realize governance that applies the principles of good governance. thus, in addition to improving policies in determining the performance characteristics of ombudsman institutions that are concerned with protecting human rights, outside factors of community participation are also crucial. the synergy pattern of future supervision in citizenship requires synergy between internal and external supervisory institutions so that human rights protection can run optimally. synergy is not only limited to civil society groups but also penetrates the boundaries between supervisory institutions so that synergy can open communication spaces that build more open and responsible relations. 4. conclusion the monitoring pattern for human rights protection carried out by the yogyakarta ombudsman institute in realizing good governance uses a synergy pattern between parliamentary oversight, the social audit system, and technological facilities. the effectiveness and success of the yogyakarta ombudsman institute's good role in enforcing human rights protection to realize good governance in yogyakarta are determined when it synergizes with legislative bodies and ngos and the intensity of the yogyakarta ombudsman institution's involvement in the problem-solving process. the ideal human rights protection paradigm in realizing good governance in the future is the concept of citizenship, where the idea is contextual in society and government, a transformation of oversight of public management into public governance. based on protecting human rights, which is a mandate of international law, every country must adopt or ratify the udhr and various human rights conventions as national law or contained in national law. furthermore, as the state's responsibility, the state can 57 budi and others. issn 2807-2812 journal of human rights, culture and legal system 355 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) implement ways to protect human rights for each of its citizens, among others, by establishing an ombudsman and applying the concept of citizenship. meanwhile, in china, until now, they are still trying to deal with human rights issues that have received international attention. beijing itself still gets a lot of notes regarding the orientation of human rights protection in governance. it is hoped that bureaucratic reform that transforms the institution that oversees the national public complaints and proposals administration can support the effectiveness of protecting human rights in public services in china. moreover, china has an institutional ombudsman model that emphasizes safeguarding human rights. references apergis, nicholas, and arusha cooray, ‘how do human rights violations affect poverty and income distribution?’, international economics, 161 (2020), 56–65 https://doi.org/10.1016/j.inteco.2019.11.003 budi, nur fitriah ayuning, widia resti fitriani, achmad nizar hidayanto, sherah kurnia, and dedi iskandar inan, ‘a study of government 2.0 implementation in indonesia’, socio-economic planning sciences, 72 (2020), 100920 https://doi.org/10.1016/j.seps.2020.100920 cao, hongjie, meina li, yuqi lu, and yang xu, ‘the impact of strengthening government auditing supervision on fiscal sustainability: evidence from china’s auditing vertical management reform’, finance research letters, 47 (2022), 102825 https://doi.org/10.1016/j.frl.2022.102825 christiani, theresia anita, ‘normative and empirical research methods: their usefulness and relevance in the study of law as an object’, procedia social and behavioral sciences, 219 (2016), 201–7 https://doi.org/10.1016/j.sbspro.2016.05.006 dimyati, khudzaifah, haedar nashir, elviandri elviandri, absori absori, kelik wardiono, and arief budiono, ‘indonesia as a legal welfare state: a prophetic-transcendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 fassbender, bardo, securing human rights?achievements and challenges of the un security council (oxford university press, 2011) https://doi.org/10.1093/acprof:oso/9780199641499.001.0001 firman, tommy, ‘multi local-government under indonesia’s decentralization reform: the case of kartamantul (the greater yogyakarta)’, habitat international, 34.4 (2010), 400–405 https://doi.org/10.1016/j.habitatint.2009.11.005 hamilton, alison b., and erin p. finley, ‘qualitative methods in implementation research: an introduction’, psychiatry research, 280 (2019), 112516 https://doi.org/10.1016/j.inteco.2019.11.003 https://doi.org/10.1016/j.seps.2020.100920 https://doi.org/10.1016/j.frl.2022.102825 https://doi.org/10.1016/j.sbspro.2016.05.006 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.1093/acprof:oso/9780199641499.001.0001 https://doi.org/10.1016/j.habitatint.2009.11.005 356 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) https://doi.org/10.1016/j.psychres.2019.112516 hey, robert bruce, ‘what are the principles of good governance?’, in performance management for the oil, gas, and process industries (elsevier, 2017), pp. 91–105 https://doi.org/10.1016/b978-0-12-810446-0.00007-4 hui, victoria tin-bor, ‘beijing’s hard and soft repression in hong kong’, orbis, 64.2 (2020), 289–311 https://doi.org/10.1016/j.orbis.2020.02.010 hutagalung, simon sumanjoyo, and dedy hermawan, ‘evaluation of local government innovation program in lampung province’, jurnal bina praja, 10.2 (2018), 241–50 https://doi.org/10.21787/jbp.10.2018.241-250 imandeka, ejo, and zulfikri, ‘preventing coronavirus in overcrowded prisons in indonesia’, 2021 https://doi.org/10.2991/assehr.k.210506.022 inboden, rana siu, china and the international human rights regime (cambridge university press, 2021) https://doi.org/10.1017/9781108888745 ishak, nurfaika, rahmad ramadhan hasibuan, and tri suhendra arbani, ‘bureaucratic and political collaboration towards a good governance system’, bestuur, 8.1 (2020), 19 https://doi.org/10.20961/bestuur.v8i1.42922 izzati, nabila firstia, ‘ombudsman sebagai lembaga pengawas pelayanan publik di indonesia’, sasi, 26.2 (2020), 176 https://doi.org/10.47268/sasi.v26i2.235 lestari, tasria, a. hajaruddin, muhammad mirza ikhwan ansar hasanuddin, i. irfan, and fikar adi zamsul, ‘function control of ombudsman the republic indonesia (ori) in public service’, 2020, pp. 490–99 https://doi.org/10.15405/epsbs.2020.03.03.57 lin, boqiang, and aoxiang zhang, ‘can government environmental regulation promote low-carbon development in heavy polluting industries? evidence from china’s new environmental protection law’, environmental impact assessment review, 99 (2023), 106991 https://doi.org/10.1016/j.eiar.2022.106991 liu, zhao-ge, xiang-yang li, and xiao-han zhu, ‘scenario modeling for government big data governance decision-making: chinese experience with public safety services’, information & management, 59.3 (2022), 103622 https://doi.org/10.1016/j.im.2022.103622 marsal, carmen, ‘the yogyakarta principles: human rights at the service of gender ideology’, díkaion, 20.1 (2011), 119–30 https://doi.org/10.5294/dika.2011.20.1.6 marwan, awaludin, diana odier-contreras garduño, and fiammetta bonfigli, ‘detection of digital law issues and implication for good governance policy in indonesia’, bestuur, 10.1 (2022), 22–32 https://doi.org/10.20961/bestuur.v10i1.59143 https://doi.org/10.1016/j.psychres.2019.112516 https://doi.org/10.1016/b978-0-12-810446-0.00007-4 https://doi.org/10.1016/j.orbis.2020.02.010 https://doi.org/10.21787/jbp.10.2018.241-250 https://doi.org/10.2991/assehr.k.210506.022 https://doi.org/10.1017/9781108888745 https://doi.org/10.20961/bestuur.v8i1.42922 https://doi.org/10.47268/sasi.v26i2.235 https://doi.org/10.15405/epsbs.2020.03.03.57 https://doi.org/10.1016/j.eiar.2022.106991 https://doi.org/10.1016/j.im.2022.103622 https://doi.org/10.5294/dika.2011.20.1.6 https://doi.org/10.20961/bestuur.v10i1.59143 issn 2807-2812 journal of human rights, culture and legal system 357 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) marzuki, suparman, ‘komisi ombudsman daerah dan good governance’, jurnal hukum ius quia iustum, 10.22 (2003), 16–26 https://doi.org/10.20885/iustum.vol10.iss22.art2 mineiro, ivo donat firmo, ‘the role of the ombudsman in defending human rights’, in one country, two systems, three legal orders perspectives of evolution (berlin, heidelberg: springer berlin heidelberg, 2013), pp. 329–37 https://doi.org/10.1007/978-3-540-68572-2_19 molyneux, malcolm, ‘ombudsman’s report for 2019’, the lancet, 396.10246 (2020), 224–25 https://doi.org/10.1016/s0140-6736(20)31546-4 mora, luca, paolo gerli, lorenzo ardito, and antonio messeni petruzzelli, ‘smart city governance from an innovation management perspective: theoretical framing, review of current practices, and future research agenda’, technovation, 123 (2023), 102717 https://doi.org/10.1016/j.technovation.2023.102717 nampewo, zahara, jennifer heaven mike, and jonathan wolff, ‘respecting, protecting and fulfilling the human right to health’, international journal for equity in health, 21.1 (2022), 36 https://doi.org/10.1186/s12939-022-01634-3 nuriyanto, nuriyanto, ‘membangun budaya hukum pelayanan publik untuk mewujudkan kesejahteraan rakyat’, integritas, 1.1 (2018), 15 https://doi.org/10.32697/integritas.v1i1.112 pambudi, andi setyo, istiqlal abadiyah sukma putri, and devy paramitha agnelia, ‘portrait of public service issues and recognition rate of ombudsman representative office in big data perspective’, jurnal perencanaan pembangunan: the indonesian journal of development planning, 6.3 (2022), 369–85 https://doi.org/10.36574/jpp.v6i3.299 pangaribuan, aristo marisi adiputra, and kelly manthovani, ‘causes and consequences of the war on marijuana in indonesia ’, indonesia law review, 9.2 (2019), 22–43 https://doi.org/10.15742/ilrevv.vo8n1.3e891 prabowo, hadi, ‘regional autonomy oversight models in denmark and zimbabwe and alternative regional autonomy oversight model in indonesia’, jurnal bina praja, 12.1 (2020), 64–74 https://doi.org/10.21787/jbp.12.2020.64-74 pranoto, edi, ‘effectiveness of legal construction: general principles of good governance in indonesia’, in proceedings of the 3rd international conference on globalization of law and local wisdom (icglow 2019) (paris, france: atlantis press, 2019) https://doi.org/10.2991/icglow-19.2019.87 sabani, alvedi, mohamed h. farah, and dian retno sari dewi, ‘indonesia in the spotlight: combating corruption through ict enabled governance’, procedia https://doi.org/10.20885/iustum.vol10.iss22.art2 https://doi.org/10.1007/978-3-540-68572-2_19 https://doi.org/10.1016/s0140-6736(20)31546-4 https://doi.org/10.1016/j.technovation.2023.102717 https://doi.org/10.1186/s12939-022-01634-3 https://doi.org/10.32697/integritas.v1i1.112 https://doi.org/10.36574/jpp.v6i3.299 https://doi.org/10.15742/ilrevv.vo8n1.3e891 https://doi.org/10.21787/jbp.12.2020.64-74 https://doi.org/10.2991/icglow-19.2019.87 358 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) computer science, 161 (2019), 324–32 https://doi.org/10.1016/j.procs.2019.11.130 sharma-wallace, lisa, sandra j. velarde, and anita wreford, ‘adaptive governance good practice: show me the evidence!’, journal of environmental management, 222 (2018), 174–84 https://doi.org/10.1016/j.jenvman.2018.05.067 siburian, matondang elsa, ‘the link between fiscal decentralization and poverty – evidence from indonesia’, journal of asian economics, 81 (2022), 101493 https://doi.org/10.1016/j.asieco.2022.101493 sopaheluwakan, william r.i., sepus m. fatem, pande m. kutanegara, and ahmad maryudi, ‘two-decade decentralization and recognition of customary forest rights: cases from special autonomy policy in west papua, indonesia’, forest policy and economics, 151 (2023), 102951 https://doi.org/10.1016/j.forpol.2023.102951 spicker, paul, ‘the nature of a public service’, international journal of public administration, 32.11 (2009), 970–91 https://doi.org/10.1080/01900690903050927 sudrajat, arip, and lesmana andhika, ‘empirical evidence governance innovation in public service’, jurnal bina praja, 13.3 (2021), 407–17 https://doi.org/10.21787/jbp.13.2021.407-417 suntana, ija, iu rusliana, chay asdak, and lubna gazalba, ‘ideological distrust: re-understanding the debate on state ideology, normalization of statereligion relationship, and legal system in indonesia’, heliyon, 9.3 (2023), e14676 https://doi.org/10.1016/j.heliyon.2023.e14676 tang, xiaotian, ‘reforms in the petition letter and visit system of china and construction of a harmonious society’, frontiers of law in china, 5.1 (2010), 77– 90 https://doi.org/10.1007/s11463-010-0004-5 taufiqurrahman, mhd., and muhammad dias saktiawan, ‘ supervision of local people’s representative boards in clean local governance governance’, jurnal pembaharuan hukum, 9.2 (2022), 334 https://doi.org/10.26532/jph.v9i2.26618 tay, alvin kuowei, susan rees, jack chen, moses kareth, and derrick silove, ‘pathways from conflict-related trauma and ongoing adversity to posttraumatic stress disorder symptoms amongst west papuan refugees: the mediating role of anxiety and panic-like symptoms’, comprehensive psychiatry, 63 (2015), 36–45 https://doi.org/10.1016/j.comppsych.2015.08.005 teichmann, fabian, marie-christin falker, sonia boticiu, and bruno s. sergi, ‘business to government (b2g) corruption and resource misallocation. the case of china at the municipal level’, journal of economic criminology, 1 (2023), 100005 https://doi.org/10.1016/j.jeconc.2023.100005 https://doi.org/10.1016/j.procs.2019.11.130 https://doi.org/10.1016/j.jenvman.2018.05.067 https://doi.org/10.1016/j.asieco.2022.101493 https://doi.org/10.1016/j.forpol.2023.102951 https://doi.org/10.1080/01900690903050927 https://doi.org/10.21787/jbp.13.2021.407-417 https://doi.org/10.1016/j.heliyon.2023.e14676 https://doi.org/10.1007/s11463-010-0004-5 https://doi.org/10.26532/jph.v9i2.26618 https://doi.org/10.1016/j.comppsych.2015.08.005 https://doi.org/10.1016/j.jeconc.2023.100005 issn 2807-2812 journal of human rights, culture and legal system 359 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) thomson, stephen, ‘the public sector ombudsman in greater china: four “chinese” models of administrative supervision’, university of pennsylvania journal of international law, 39.2 (2017), 435 – 490 https://www.scopus.com/inward/record.uri?eid=2-s2.085045951102&partnerid=40&md5=0f741d0b81c9f9fdec03e52a9e6cc058 tibaka, leli, and rosdian rosdian, ‘the protection of human rights in indonesian constitutional law after the amendment of the 1945 constitution of the republic of indonesia’, fiat justisia:jurnal ilmu hukum, 11.3 (2018), 266 https://doi.org/10.25041/fiatjustisia.v11no3.1141 tjahjadi, bambang, noorlailie soewarno, and febriani mustikaningtiyas, ‘good corporate governance and corporate sustainability performance in indonesia: a triple bottom line approach’, heliyon, 7.3 (2021), e06453 https://doi.org/10.1016/j.heliyon.2021.e06453 torfing, jacob, and peter triantafillou, enhancing public innovation by transforming public governance, ed. by jacob torfing and peter triantafillou (cambridge university press, 2016) https://doi.org/https://doi.org/10.1017/cbo9781316105337 trischler, jakob, and donald robert scott, ‘designing public services: the usefulness of three service design methods for identifying user experiences’, public management review, 18.5 (2016), 718–39 https://doi.org/10.1080/14719037.2015.1028017 uang, lin-ling, ‘a comparative legal study on functions and powers of the ombudsman system in taiwan and mainland china’, in chinese (taiwan) yearbook of international law and affairs, volume 37, 2019 (brill | nijhoff, 2020), pp. 243–71 https://doi.org/10.1163/9789004443297_011 wahyu, tri, ‘lod yogyakarta memperkuat keistimewaan yogyakarta’, jurnal ombudsman edition , 13 (2013) https://ombudsman.jogjaprov.go.id/jurnalombudsman-daerah-edisi-13/ [accessed 27 june 2023] white, casey m., sangeeta mangubhai, lukas rumetna, and cassandra m. brooks, ‘the bridging role of non-governmental organizations in the planning, adoption, and management of the marine protected area network in raja ampat, indonesia’, marine policy, 141 (2022), 105095 https://doi.org/10.1016/j.marpol.2022.105095 wicaksana, satria unggul, prakasa, asis asis, and mualimin mochammad sahid, ‘reduce corruption in public procurement: the effort towards good governance’, bestuur, 10.1 (2022), 33–42 https://doi.org/10.20961/bestuur.v10i1.51339 wisnubroto, djarot sulistio, khairul khairul, fatmuanis basuki, and endang https://www.scopus.com/inward/record.uri?eid=2-s2.0-85045951102&partnerid=40&md5=0f741d0b81c9f9fdec03e52a9e6cc058 https://www.scopus.com/inward/record.uri?eid=2-s2.0-85045951102&partnerid=40&md5=0f741d0b81c9f9fdec03e52a9e6cc058 https://doi.org/10.25041/fiatjustisia.v11no3.1141 https://doi.org/10.1016/j.heliyon.2021.e06453 https://doi.org/https:/doi.org/10.1017/cbo9781316105337 https://doi.org/10.1080/14719037.2015.1028017 https://doi.org/10.1163/9789004443297_011 https://ombudsman.jogjaprov.go.id/jurnal-ombudsman-daerah-edisi-13/ https://ombudsman.jogjaprov.go.id/jurnal-ombudsman-daerah-edisi-13/ https://doi.org/10.1016/j.marpol.2022.105095 https://doi.org/10.20961/bestuur.v10i1.51339 360 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 2, july 2023, pp. 328-360 m. misbahul mujib, et.al (achievements and challenges of human rights protection policy) kristuti, ‘preventing and countering insider threats and radicalism in an indonesian research reactor: development of a human reliability program (hrp)’, heliyon, 9.5 (2023), e15685 https://doi.org/10.1016/j.heliyon.2023.e15685 yang, xiuyun, and qiuping chen, ‘mining violations, rent-seeking, and resource governance in china: evidence from central environmental protection inspection’, the extractive industries and society, 13 (2023), 101218 https://doi.org/10.1016/j.exis.2023.101218 yigitcanlar, tan, rita yi man li, prithvi bhat beeramoole, and alexander paz, ‘artificial intelligence in local government services: public perceptions from australia and hong kong’, government information quarterly, 40.3 (2023), 101833 https://doi.org/10.1016/j.giq.2023.101833 zhang, xiaojie, guojie geng, and ping sun, ‘determinants and implications of citizens’ environmental complaint in china: integrating theory of planned behavior and norm activation model’, journal of cleaner production, 166 (2017), 148–56 https://doi.org/10.1016/j.jclepro.2017.08.020 zheng, xiaojia, yunfei yang, and yanyan shen, ‘labor protection, information disclosure and analyst forecasts: evidence from china’s labor contract law’, china journal of accounting research, 15.3 (2022), 100251 https://doi.org/10.1016/j.cjar.2022.100251 zlobina, anna, maria laura bettinsoli, mariana p miranda, and magdalena formanowicz, ‘back to basics: human rights violations and dehumanization’, current opinion in behavioral sciences, 51 (2023), 101263 https://doi.org/10.1016/j.cobeha.2023.101263 https://doi.org/10.1016/j.heliyon.2023.e15685 https://doi.org/10.1016/j.exis.2023.101218 https://doi.org/10.1016/j.giq.2023.101833 https://doi.org/10.1016/j.jclepro.2017.08.020 https://doi.org/10.1016/j.cjar.2022.100251 https://doi.org/10.1016/j.cobeha.2023.101263 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 201-213 201 https://doi.org/10.53955/jhcls.v1i3.18 journalhumanrightslegalsystem@gmail.com strategy for implementing operations to handle the crime of narcotics arif purnama oktoraa* hilaire tegnanb a faculty of law, universitas indonesia, jakarta, indonesia blaw school, william & mary, williamsburg, virginia, united states *corresponding author: arifoktora2010@gmail.com 1. introduction lately, the increasing number of narcotics trafficking and abuse cases in the community cannot be separated from the influencing factors, namely the demand factor, socializing in the nightlife environment, and the pressure factor from specific groups (factor) supply.1 in the distribution of narcotics, narcotics abusers are strongly influenced by the association in the community. the use and abuse of narcotics are often associated with environmental influences in society to live happily or have a fun, party and have fun because there is an assumption from users that when accompanied by narcotics, it is felt to be more fun regardless of the adverse effects caused.2 1glen hanson, peter venturelli, and annette fleckenstein, drugs and society (burlington: jones & bartlett publishers, 2011). google scholar 2michael d lyman, drugs in society: causes, concepts, and control, 7th edn (new york: routledge, 2013). https://doi.org/https://doi.org/10.4324/9781315721682 a r t i c l e i n f o a b s t r a c t article history received: june 1, 2021 revised: august 20, 2021 accepted: august 25, 2021 narcotics abuse is closely related to illicit trafficking as part of trans national organized crime. people become dependent so that the supply continues to increase. the relationship between dealers and victims is solidly bonded. it is difficult for victims to escape from dealer/s, even though victims are not frequently involved. this solid relationship between dealer/s and victim/s put the police in difficulty overcoming the crime. however, the west jakarta metro police successfully manages to tackle that challenge. this research takes place in the west jakarta police station. this article aims to explain the strategy for handling the 120 kg narcotics crimes by the west jakarta metro police. the results of this study indicate that the attainment of the west jakarta metro police depends on four things: (1) the pungent substance of the law on narcotics; (2) adequate law enforcement; (3) strategic programs in improving the competence of components of investigators; and (4) the existence of institution facilities and structures that support the case handling process. this is an open-access article under the cc–by 4.0 license. keywords law enforcement; management strategy; narcotics crime https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i3.18 mailto:journalhumanrightslegalsystem@gmail.com mailto:arifoktora2010@gmail.com https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=glen+hanson%2c+peter+venturelli%2c+and+annette+fleckenstein%2c+drugs+and+society+%28burlington%3a+jones+%26+bartlett+publishers%2c+2011%29.+&btng= https://doi.org/https:/doi.org/10.4324/9781315721682 https://creativecommons.org/licenses/by/4.0/ 202 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) narcotics abuse cases are closely related to illicit trafficking as part of the world of international crime. the illicit trade mafia supplies narcotics so that people become dependent so that the supply continues to increase.3 the relationship between dealers/ dealers and victims makes it difficult for victims to escape from dealers/ dealers, and it is not uncommon for victims to be involved in illicit trafficking due to their increasing need for and dependence on narcotics. the increase in the illicit trafficking of narcotics cannot be separated from transnational criminal organizations operating in various countries in an international crime network. because of the enormous profits, these criminal organizations try by all means to maintain and continue to develop the illicit drug trafficking business by infiltrating, interfering, and undermining government structures, legitimate trade and financial businesses, and influential groups in society.4 in fact, law enforcement officers in the country have done a lot of law enforcement on narcotics crime cases. these actions are carried out until the judge reaches a final legal decision in court. in the last few decades, law enforcement officers have succeeded in arresting drug dealers and traffickers. the maximum legal sanction given is the death penalty. these sanctions do not seem to have a deterrent effect for other perpetrators who have not been caught. they are increasingly expanding the area of drug trafficking and distribution. the higher the action taken by law enforcement officers, the higher the abuse and crime of narcotics are carried out.5 there is a comprehensive approach to tackling crime and drug abuse, commonly known as harm minimization. this approach consists of three main aspects: controlling the supply of narcotics or referred to as supply control, suppressing demand for narcotics or demand reduction, and suppressing the impact of damage due to narcotics or harm reduction. this approach can work well if there is good cooperation between all relevant agencies and elements of society in combating the problem of narcotics crime, starting from the preemptive, preventive, repressive, or repressive stage, curative stage to the stage of recovery or rehabilitation of victims or victims of a drug addict.6 3ralf emmers, ‘international regime-building in asean: cooperation against the illicit trafficking and abuse of arugs’, contemporary southeast asia, 29.3 (2007), 506–25. google scholar 4matthew s jenner, ‘international drug trafficking: a global problem with a domestic solution’, indiana journal of global legal studies, 18.2 (2011), 901–27. https://doi.org/10.2979/indjglolegstu.18.2.901 5leo beletsky, grace e macalino, and scott burris, ‘attitudes of police officers towards syringe access, occupational needle-sticks, and drug use: a qualitative study of one city police department in the united states’, international journal of drug policy, 16.4 (2005), 267–74. https://doi.org/10.1016/j.drugpo.2005.01.009 6david f duncan and others, ‘harm reduction: an emerging new paradigm for drug education’, journal of drug education, 24.4 (1994), 281–90. https://doi.org/10.2190/087g-b4et-08jyt08y; adam r winstock, kim wolff, and john ramsey, ‘ecstasy pill testing: harm minimization gone too far?’, addiction, 96.8 (2001), 1139–48. https://doi.org/10.1046/j.1360-0443.2001.96811397.x https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=ralf+emmers%2c+%e2%80%98international+regime-building+in+asean%3a+cooperation+against+the+illicit+trafficking+and+abuse+of+arugs%e2%80%99%2c+contemporary+southeast+asia%2c+29.3+%282007&btng= https://doi.org/10.2979/indjglolegstu.18.2.901 https://doi.org/10.1016/j.drugpo.2005.01.009 https://doi.org/10.2190/087g-b4et-08jy-t08y https://doi.org/10.2190/087g-b4et-08jy-t08y https://doi.org/10.1046/j.1360-0443.2001.96811397.x issn 2807-2812 journal of human rights, culture and legal system 203 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) dki jakarta province, as the center of the capital, becomes the primary target for narcotics traffickers not to mention the west jakarta area in distributing narcotics to users in large enough quantities.7 in figure 1.1 below is a map of locations prone to narcotics trafficking in the jurisdiction of the west jakarta metro police, including: figure 1.1 map of areas prone to narcotics circulation source: west jakarta metro police narcotics unit data, 2020. the map above depicts the area coverage of kalideres, cengkareng (permata complex/ambon village), kembangan, kebon jeruk, tanjung duren, palmerah (boncos village), tambora, taman sari, all of which are under the jurisdiction of the west jakarta metro police. data from the west jakarta metro police shows the total number of crimes (total crimes) related to narcotics from 2018 to november 2020 in 1062 cases. meanwhile, the number of narcotics case settlements (crime clearance) reached 998 cases. the data is presented in the following table: table 1.1 narcotics case recapitulation 2018 – 2020 west jakarta police no details years total 2018 2019 2020 1 . crime total 467 347 248 1062 1. crime clearence 409 367 222 998 2. suspects 624 474 357 1455 a. men 579 451 330 1360 b. women 45 23 27 95 4 narcotics: 7 joko adianto and others, ‘from shelters for numbers to shelters for welfare: rectifying the social housing provision programme in jakarta’, housing policy debate, 2021, 1–19. https://doi.org/10.1080/10511482.2021.1981423 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1080/10511482.2021.1981423 204 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) . a. ganja 20 25 43 88 b. heroin 0 0 0 0 c. shabu 417 295 161 873 d. gorilla 2 6 9 17 e. ecstasy 25 11 25 61 f. pentilon 1 1 2 g. kokain 1 1 0 2 source: west jakarta metro police narcotics unit data, 2021. from table 1.2 above, it can be seen that narcotics crimes in 2018 were 467, while in 2019, there were 347, and in 2020 there were 248. the trend of narcotics crime at the west jakarta metro police from 2018 to 2020 has decreased. although the number has decreased, the role of drug dealers or dealers in prison remains large. they drive the sale and circulation of narcotics through accomplices outside the prison. this means that narcotics crimes are carried out by a network of highly organized and systematic groups, thus requiring the cooperation of all parties to participate in the success of law enforcement against narcotics crimes.8 one of the phenomenal narcotics crime cases in the west jakarta metro police jurisdiction is the disclosure of the 120 kg smuggling case of methamphetaminetype narcotics carried out by the west jakarta metro police 1 drug unit on april 15, 2019. the disclosure of the 120 kg case of methamphetamine received much positive appreciation, both from the community and the government, and even received an award from the indonesian-world record museum (muri) on monday, may 20, 2019. (quoted from https://megapolitan.kompas.com/read/2019/05/20/ 15243621/catch-1105-premandan-120-kg-sabu-sabu-polres-metro-jakbar-entered-record on april 18, 2021). chronology the case began when a drug transaction was ahead of the 2019 general election. hartono took 120 kg of crystal methamphetamine in malaysia from aseng. the methamphetamine contained in 5 sacks was then stored by misri in pekanbaru. then misri racked her brains to get 120 kg of crystal methamphetamine to reach jakarta. wisdom is also obtained. the methamphetamine package was inserted into a truck carrying 20 tons of charcoal. misri's movement was detected by the west jakarta police team. on april 24, 2019, a green truck with police number b 9016 bev driven by jepi candra was raided along with evidence of 120 kg of crystal methamphetamine. the case goes to court. the disclosure of the 120 kg case of methamphetamine ensnared the suspect under article 114 paragraph (2) sub-article 112 paragraph (2) junto article 132 paragraph (1) of law no. 35 of 2009 concerning narcotics, with the heaviest threat of capital punishment, life imprisonment, or imprisonment for a minimum of 5 8 fathurrohman and gisela bichler, ‘explaining the positional importance of actors involved in trafficking methamphetamine into indonesia’, global crime, 22.2 (2021), 93–122. https://doi.org/10.1080/17440572.2020.1819249 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1080/17440572.2020.1819249 issn 2807-2812 journal of human rights, culture and legal system 205 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) (five) years and a maximum of 20 (twenty) years and a maximum fine as referred to in paragraph (1) plus 1/ 3 (one third). in the context of this type of methamphetamine narcotics crime, unprecedented amounts of methamphetamine weighing 120 kg have been found in the jurisdiction of the west jakarta police. usually, the incoming methamphetamine weighs far below 120 kg, even in size, ready to be distributed and marketed to users. in addition, the process of investigating the discovery of 120 kg of methamphetamine also requires careful and considerate strategic planning so that when the operation is carried out, it can minimize any possible failures. 2. research method this research is descriptive qualitative. according to sugiyono (2016: 9), qualitative research methods are used to examine the condition of natural objects where the researcher is the key instrument. to collect data, the techniques and methods used in this study consisted of interviews and document studies; 1. interview 2. document study. 3. results and discussion according to stephanie, strategy is defined as a process of determining the plan of top leaders that focuses on the organization's long-term goals, accompanied by the preparation of a method or effort to achieve these goals.9 jouch & glueck said that strategy is a unified, comprehensive, and integrated plan that links the advantages of organizational strategy with environmental challenges and is designed to ensure that the organization's main goals can be achieved through proper implementation by the organization.10 at the same time, the preparation of the strategy requires certain stages to be fulfilled. according to triton (2007:17), six general stages need to be considered in formulating a strategy, namely, basic and critical selection of problems, stablish basic goals and strategic objectives, develop an action plan (action plan), develop an empowerment plan and onsidering advantages. while the notion of strategic management is a series of basic and comprehensive decision-making activities accompanied by the determination of 9 rebecca j reichard and stefanie k johnson, ‘leader self-development as organizational strategy’, the leadership quarterly, 22.1 (2011), 33–42. https://doi.org/10.1016/j.leaqua.2010.12.005 10 lawrence r jauch, richard n osborn, and william f glueck, ‘short term financial success in large business organizations: the environment‐strategy connection’, strategic management journal, 1.1 (1980), 49–63. https://doi.org/10.1002/smj.4250010106; lawrence r jauch, william f glueck, and richard n osborn, ‘organizational loyalty, professional commitment, and academic research productivity’, academy of management journal, 21.1 (1978), 84–92. https://doi.org/10.5465/255664; lawrence r jauch, richard n osborn, and william f glueck, ‘success in large business organizations: the environment-strategy connection’, in academy of management proceedings (academy of management briarcliff manor, ny 10510, 1977), mcmlxxvii, 113–17. https://doi.org/10.5465/ambpp.1977.4977072 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.leaqua.2010.12.005 https://doi.org/10.1002/smj.4250010106 https://doi.org/10.5465/255664 https://doi.org/10.5465/ambpp.1977.4977072 206 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) how to implement them, they are made by top management and implemented by all levels within an organization to achieve its goals (akdon, 2006:8). according to nawawi (2005:149), strategic management is the flow of decisions and actions that lead to the development of a strategy or effective strategies to help achieve organizational goals. this understanding emphasizes that the flow of decisions from organizational leaders and actions in the form of implementing decisions must produce one or more strategies by choosing the most effective or reliable in achieving organizational goals. jouch & glueck strategic management is a number of decisions and actions that lead to the development of a strategy or a number of effective strategies to help achieve organizational goals. the strategic management is the art and science of formulating, implementing, and evaluating strategic decisions between functions that enable an organization to achieve future goals.11 according to j. david hunger strategic management can be defined as the art and science of formulating, implementing, and evaluating cross-functional decisions that enable the organization to achieve its objectives. as this definition implies, strategic management focuses on integrating management, marketing, finance/accounting, productions/operations-research and development, computer information system to achieve organizational objectives. this definition shows that the important aspects of strategic management are strategy formulation, strategy implementation, and strategy evaluation. from the understanding of strategic management above, according to wheelen and hunger,12 there are four principles of strategic management. firstly, environment scanning, in this process, each problem encountered is identified in detail. this process is a very decisive process related to the problems faced. if the identification of the problem at this stage is not made carefully, it will affect the next stage. in addition to identifying problems, external opportunities and threats are also identified, measuring and determining internal strengths and weaknesses, setting long-term goals, collecting alternatives, and selecting specific strategies that will be applied to certain problems. secondly, strategy formulation. strategy formulation is closely related to the organization's main functions, which are clearly stated in the organization's mission statement. specifically, according to lan, the things that must be considered in formulating strategies (akdon, 2006:82): (a) determine the vision, mission, goals, and objectives to be achieved 11 farid ahamd monib and others, ‘comparative study of strategic management schools (prescriptive, descriptive and integrated)’, open journal of business and management, 9.4 (2021), 1965–79. https://doi.org/10.4236/ojbm.2021.94106; martin dandira, ‘involvement of implementers: missing element in strategy formulation’, business strategy series, 12.1 (2011), 30–34. https://doi.org/10.1108/17515631111100386; alan w steiss, strategic management for public and nonprofit organizations, ed. by alan w. steiss, 1st edn (new york: routledge, 2019). https://doi.org/10.4324/9781482275865 12thomas l wheelen and others, strategic management and business policy, 14th edn (pearson boston, ma, 2017), lv. google scholar https://www.jhcls.org/index.php/jhcls https://doi.org/10.4236/ojbm.2021.94106 https://doi.org/10.1108/17515631111100386 https://doi.org/10.4324/9781482275865 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=thomas+l+wheelen+and+others%2c+strategic+management+and+business+policy%2c+14th+edn+%28pearson+boston%2c+ma%2c+2017%29%2c+&btng= issn 2807-2812 journal of human rights, culture and legal system 207 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) appropriately so that the final goals of the organization are achieved; (b) recognize the environment in which the organization is located; (c) conduct analysis to maintain existence and implement organizational goals. thirdly, a strategy that describes how to achieve a goal. the performance plan is a benchmark used in assessing the success/failure of the organization within a certain period. (a) targets, performance indicators, and targets to be achieved in the period concerned; (b) programs to be implemented; (a) activities, performance indicators, and targets expected in an activity. it is strategies that can measure, evaluate, and provide feedback on organizational performance. performance measurement is a crucial stage to see and evaluate the achievements or results of the work's target. performance measurement includes: (a) measurement, analysis, and evaluation of performance (level of achievement of targets/targets of each target indicator that has been set; (b) reporting and accountability. strategy implementation is key for today's organizations. there are many soft and complex factors that affect the success of strategy implementation. these factors include, among others, the person who communicates or implements the strategy on the existing system or mechanism for the coordination and supervision function. research conducted by yang li et al. (2008)13 analyzes several factors that influence the strategy implementation process to discuss agreement and disagreement and something that needs to be done for future research. the definition of implementation can be interpreted as "execution" or "executing" in the context of strategy. however, from 60 pieces of works of literature, the term “strategy implementation” is used as a keyword.14 the strategy implementation tasks are the most complex and require far more time than the strategic management section. therefore, some literature reviews do not distinguish between strategy implementation and execution.15 the behavior of enforcing the law and the behavior of using the law are two things that are difficult to distinguish because the two things complement each other.16 therefore, carrying out law enforcement without using the law will give birth to arbitrariness (abus de droit). on the other hand, using the law without the intention to enforce the law will also lead to legal injustice or lawlessness. this paradox will be felt and experienced by law enforcement officers and other related parties such as police, prosecutors, judges, advocates, bureaucrats, politicians, and other parties involved in law enforcement. they will constantly be challenged to balance these two main things, namely enforcing the law and using the law 13 yang li, sun guohui, and martin j eppler, making strategy work: a literature review on the factors influencing strategy implementation (beijing: università della svizzera italiana, 2008). google scholar 14 li, guohui, and eppler. google scholar 15 li, guohui, and eppler. google scholar 16 ronny nitibaskara, tegakkan hukum gunakan hukum, ed. by chris verdyansah, 2nd edn (jakarta: penerbit buku kompas, 2007). google scholar https://www.jhcls.org/index.php/jhcls ../../../downloads/yang%20li,%20sun%20guohui,%20and%20martin%20j%20eppler,%20making%20strategy%20work:%20a%20literature%20review%20on%20the%20factors%20influencing%20strategy%20implementation%20(beijing:%20università%20della%20svizzera%20italiana,%202008). ../../../downloads/yang%20li,%20sun%20guohui,%20and%20martin%20j%20eppler,%20making%20strategy%20work:%20a%20literature%20review%20on%20the%20factors%20influencing%20strategy%20implementation%20(beijing:%20università%20della%20svizzera%20italiana,%202008). ../../../downloads/yang%20li,%20sun%20guohui,%20and%20martin%20j%20eppler,%20making%20strategy%20work:%20a%20literature%20review%20on%20the%20factors%20influencing%20strategy%20implementation%20(beijing:%20università%20della%20svizzera%20italiana,%202008). https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=ronny+nitibaskara%2c+tegakkan+hukum+gunakan+hukum%2c+ed.+by+chris+verdyansah%2c+2nd+edn+%28jakarta%3a+penerbit+buku+kompas%2c+2007%29.+&btng= 208 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) simultaneously and in balance. meanwhile, according to soekanto, law enforcement is an activity to harmonize the relationship of values described in solid rules and attitudes of action as a series of final stages of value elaboration to create, maintain and maintain a peaceful social life.17 among the various forms of crime that occurred, one type of crime was carried out in a neat, patterned, and organized manner by the group. generally, this type of crime is a business activity to reap large profits. the general term for this type of crime is organized crime in english. siegel (2000) defines organized crime as a business activity by a group of criminals that is carried out in a sustainable manner in order to reap massive economic profits unilaterally through illegal and unlawful means.18the existence of the group organization, especially the structure and system in it, was created to provide services to consumers of goods or services that are prohibited by the applicable criminal law. the existing system in organized crime is similar to the existing system in various legal and legitimate forms of business, which is led by an ambitious executive, assisted by assistants, legal advisors, professional accountants, and supported by the complaints department.19 attempting to define organized crime is not an easy one. the english term organized crime does not merely mean organized crime. the phrase 'organized' does not yet reflect the sustainable business activity. even the task force for organized crime in the united states has difficulty defining organized crime legally. the results of research conducted by the united states organized crime task force found that the simplest definition of organized crime is the one used by the state of mississippi when two or more people commit a conspiracy to commit a crime on an ongoing basis for profit jointly. a more complex definition is the one used by the state of california, namely when two or more people are involved in one or more acts, including (1) supplying unlawful goods and services such as prostitution, (2) very serious crimes, harm other people or society such as stealing, attacking, and others. with that definition, several crimes fall into the category of organized crime. regarding law enforcement efforts, there is another choice of definition of organized crime because it is considered quite practical. there must be at least one position that is specifically meant to conduct the crime, as well as one that accepts and enforces bribes in the division of labor, which includes at least one post where bribery is accepted and another where it is enforced.20 17soerjono soekanto, ‘kesadaran hukum dan kepatuhanhukum’, jurnal hukum & pembangunan, 7.6 (1977), 462–70. http://dx.doi.org/10.21143/jhp.vol7.no6.742 18dina siegel, ‘diamonds and organized crime: the case of antwerp’, in organized crime: culture, markets and policies, ed. by dina siegel and hans nelen, 1st edn (new york: springer, 2008), pp. 85–96. https://doi.org/10.1007/978-0-387-74733 19 siegel. https://doi.org/10.1007/978-0-387-74733 20kathryn gordon and maiko miyake, ‘business approaches to combating bribery: a study of codes of conduct’, journal of business ethics, 34.3 (2001), 161–73. google scholar https://www.jhcls.org/index.php/jhcls http://dx.doi.org/10.21143/jhp.vol7.no6.742 https://doi.org/10.1007/978-0-387-74733https://doi.org/10.1007/978-0-387-74733 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=kathryn+gordon+and+maiko+miyake%2c+%e2%80%98business+approaches+to+combating+bribery%3a+a+study+of+codes+of+conduct%e2%80%99%2c+journal+of+business+ethics%2c+34.3+%282001%29%2c+161%e2%80%9373&btng= issn 2807-2812 journal of human rights, culture and legal system 209 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) every position in the hierarchy and other positions with special functions are given on the basis of kinship relations, meetings, or rational considerations because of expertise. this position does not depend on someone who occupies it at a particular time because someone who is truly able to maintain the integrity of business activities and is actively trying to achieve goals will have a permanent position. after all, organized crime always tries to avoid competition by doing everything possible to become a monopoly in certain fields and areas. organized crime is also straightforward to use violence or bribery to achieve its goals. the nature of membership is limited, although people who are not members of the group can be involved because of pressure. organized crime has clear rules, both written and unwritten, which are generally enforced with certain sanctions, including killing.21 from all the definitions stated above, it can be concluded that organized crime is a business activity, either for production or distribution or both, for goods and/or services that are illegal, unlawful, and against the law. the forms can be in the form of gambling, prostitution, narcotics manufacture, narcotics distribution, stolen goods transactions, and others. one of the keywords is illegal business activities. the nature of organized crime is closed but has an organizational structure. in running the organization, violence is the most common way. according to law, for camouflage, organized crime also forms a legal business entity, but its function is to close illegal businesses against the law. crime is a basic understanding of criminal law. sudarto states that a criminal act is a juridical definition. it is different from the term crime or crime (crime or verbrechen or misdaad) or criminologically. while moeljatno states the term "criminal acts are prohibited by criminal law and are threatened with punishment, whoever violates the prohibition and is an anti-social act.22 according to utrecht, a criminal event includes a legal act or neglect of its consequences (conditions caused by actions or neglect).23 narcotics and dangerous drugs are addictive substances classified as prohibited items for consumption by anyone because they result in health problems. this type includes methamphetamine, ecstasy pills, marijuana, heroin, and other additives. included in the narcotics crime is the act of planting, maintaining, having in stock, possessing, storing, or controlling narcotics; producing, processing, importing, exporting, offering, selling, buying, receiving, intermediary in buying and selling, and using drugs. there are two views in looking at the class of drug users. juridically, they are equated as perpetrators of drug crimes, although the punishments are different. whereas currently, there is a new paradigm that views drug users as victims of crime from a network of dealers who aim to seek material and other benefits. adherents of this latter view are non 21 gordon and miyake. google scholar 22 s h moeljatno, asas-asas hukum pidana, rineka cipta, jakarta, 2002. google scholar 23 frances kahn zemans, ‘legal mobilization: the neglected role of the law in the political system’, american political science review, 77.3 (1983), 690–703. https://doi.org/10.2307/1957268 https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=kathryn+gordon+and+maiko+miyake%2c+%e2%80%98business+approaches+to+combating+bribery%3a+a+study+of+codes+of+conduct%e2%80%99%2c+journal+of+business+ethics%2c+34.3+%282001%29%2c+161%e2%80%9373&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=s+h+moeljatno%2c+asas-asas+hukum+pidana%2c+rineka+cipta%2c+jakarta&btng= https://doi.org/10.2307/1957268 210 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) governmental organizations engaged in drug eradication and drug treatment. name the groups that are members of the geram (anti-mad movement), the antidrugs movement (grenades), and prof. psychiatrist. dr. dadang hawari. if viewed as criminals, drug users must be equated with other actors such as dealers and dealers. therefore, it must be punished. on the other hand, if it is considered a victim, the person concerned must be cured, such as admitted to a rehabilitation institution or a drug-dependent hospital. therefore, it is necessary to observe whether there is discretion towards the victims of these drug crimes. paying attention to this view will be known through research: how the police treat drug users. in the context of this thesis, the people who are in the jurisdiction of the west jakarta police do not suspect the activities carried out by the suspect. this is undoubtedly a factor inhibiting the handling of cases that occur; e) the human resource factor is the potential contained in humans to realize their role as adaptive and transformative social beings who can manage themselves and all the potentials contained in nature towards achieving the welfare of life in a balanced and sustainable order. hr is more understood as an integral part of the system that makes up an organization. competence, as well as education, is vital to avoid the existence of law enforcement officers, in this case, the police who are involved in narcotics either as users, dealers, distributors, or even drug dealers; and f) the cultural factors of the community that used to hold an immediate sense of kinship have now shifted towards individualism. this indirectly affects law enforcement related to narcotics because people are indifferent in supervising the social environment to stay away from narcotics. while the factors that help the handling of narcotics crimes are legal existence, in this case, law number 35 of 2009 concerning narcotics provides the legal basis to overcome and eradicate narcotics crimes. the law enforcement factors become the decisive help to reveal the narcotics cases. this law enforcement is seen from the ability of the members to handle a case. in addition to the legal substance and law enforcement, the existence of the precision program launched by the national police chief related to professional competencies plays a major role. the facilities and infrastructure also support the work of the west jakarta metro police narcotics investigation unit to uncover the crime. 4. conclusion the factors that hinder the handling of narcotics crimes are legal factors, in this case, law number 35 of 2009 concerning narcotics, where it can be concluded that narcotics are substances or drugs that are very important for treatment purposes but will cause problems if misused. major ones when abused include dependence and altered consciousness. the factor of law enforcement officials, the national police, and the national narcotics agency being given the authority to conduct investigations on narcotics abuse. however, it is undeniable that many law https://www.jhcls.org/index.php/jhcls issn 2807-2812 journal of human rights, culture and legal system 211 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) enforcement officers still use narcotics. this is one of the inhibiting factors for handling and overcoming narcotics in indonesia. law enforcement factors are significant in eradicating and handling narcotics cases. law enforcement factors must be balanced with the competence, commitment, and professionalism of law enforcement officers in carrying out their duties following applicable regulations and the promoter program launched by the national police chief; c) environmental factors cannot be ignored in the context of a narcotics crime. as described in the map of the jurisdiction of the west jakarta metro police, environmental factors significantly affect the circulation of narcotics of various types ranging from methamphetamine, marijuana, ecstasy, heroin in the jurisdiction. the vast and extensive environment and very open access to entry and exit create a significant obstacle considering that narcotics circulation is getting easier and faster; d) community factors can inhibit handling narcotics crime cases. references adianto, joko, rossa turpuk gabe, rini kurniawati, and suciyhuma armenda, ‘from shelters for numbers to shelters for welfare: rectifying the social housing provision programme in jakarta’, housing policy debate, 2021, 1–19. https://doi.org/10.1080/10511482.2021.1981423 beletsky, leo, grace e macalino, and scott burris, ‘attitudes of police officers towards syringe access, occupational needle-sticks, and drug use: a qualitative study of one city police department in the united states’, international journal of drug policy, 16.4 (2005), 267–74. https://doi.org/10.1016/j.drugpo.2005.01.009 dandira, martin, ‘involvement of implementers: missing element in strategy formulation’, business strategy series, 12.1 (2011), 30–34. https://doi.org/10.1108/17515631111100386 duncan, david f, thomas nicholson, patrick clifford, wesley hawkins, and rick petosa, ‘harm reduction: an emerging new paradigm for drug education’, journal of drug education, 24.4 (1994), 281–90. https://doi.org/10.2190/087gb4et-08jy-t08y emmers, ralf, ‘international regime-building in asean: cooperation against the illicit trafficking and abuse of arugs’, contemporary southeast asia, 29.3 (2007), 506–25. google scholar fathurrohman, and gisela bichler, ‘explaining the positional importance of actors involved in trafficking methamphetamine into indonesia’, global crime, 22.2 (2021), 93–122. https://doi.org/10.1080/17440572.2020.1819249 gordon, kathryn, and maiko miyake, ‘business approaches to combating bribery: a study of codes of conduct’, journal of business ethics, 34.3 (2001), 161–73. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1080/10511482.2021.1981423 https://doi.org/10.1016/j.drugpo.2005.01.009 https://doi.org/10.1108/17515631111100386 https://doi.org/10.2190/087g-b4et-08jy-t08y https://doi.org/10.2190/087g-b4et-08jy-t08y https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=ralf+emmers%2c+%e2%80%98international+regime-building+in+asean%3a+cooperation+against+the+illicit+trafficking+and+abuse+of+arugs%e2%80%99%2c+contemporary+southeast+asia%2c+29.3+%282007&btng= https://doi.org/10.1080/17440572.2020.1819249 212 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) google scholar hanson, glen, peter venturelli, and annette fleckenstein, drugs and society (burlington: jones & bartlett publishers, 2011). google scholar jauch, lawrence r, william f glueck, and richard n osborn, ‘organizational loyalty, professional commitment, and academic research productivity’, academy of management journal, 21.1 (1978), 84–92. https://doi.org/10.5465/255664 jauch, lawrence r, richard n osborn, and william f glueck, ‘short term financial success in large business organizations: the environment‐strategy connection’, strategic management journal, 1.1 (1980), 49–63. https://doi.org/10.1002/smj.4250010106 ———, ‘success in large business organizations: the environment-strategy connection’, in academy of management proceedings (academy of management briarcliff manor, ny 10510, 1977), mcmlxxvii, 113–17. https://doi.org/10.5465/ambpp.1977.4977072 jenner, matthew s, ‘international drug trafficking: a global problem with a domestic solution’, indiana journal of global legal studies, 18.2 (2011), 901–27. https://doi.org/10.2979/indjglolegstu.18.2.901 li, yang, sun guohui, and martin j eppler, making strategy work: a literature review on the factors influencing strategy implementation (beijing: università della svizzera italiana, 2008). google scholar lyman, michael d, drugs in society: causes, concepts, and control, 7th edn (new york: routledge, 2013). https://doi.org/10.4324/9781315721682 moeljatno, s h, asas-asas hukum pidana, rineka cipta, jakarta, 2002. google scholar monib, farid ahamd, jamaluddin qanet, mohammad dawod nabeel, and redwanullah abdi, ‘comparative study of strategic management schools (prescriptive, descriptive and integrated)’, open journal of business and management, 9.4 (2021), 1965–79. https://doi.org/10.4236/ojbm.2021.94106 nitibaskara, ronny, tegakkan hukum gunakan hukum, ed. by chris verdyansah, 2nd edn (jakarta: penerbit buku kompas, 2007). google scholar reichard, rebecca j, and stefanie k johnson, ‘leader self-development as organizational strategy’, the leadership quarterly, 22.1 (2011), 33–42. https://doi.org/10.1016/j.leaqua.2010.12.005 siegel, dina, ‘diamonds and organized crime: the case of antwerp’, in organized crime: culture, markets and policies, ed. by dina siegel and hans nelen, 1st edn (new york: springer, 2008), pp. 85–96. https://doi.org/10.1007/978-0-387-74733 soekanto, soerjono, ‘kesadaran hukum dan kepatuhanhukum’, jurnal hukum & pembangunan, 7.6 (1977), 462–70. https://doi.org/http://dx.doi.org/10.21143/jhp.vol7.no6.742 steiss, alan w, strategic management for public and nonprofit organizations, ed. by alan w. steiss, 1st edn (new: routledge, 2019). https://doi.org/10.4324/9781482275865 https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=kathryn+gordon+and+maiko+miyake%2c+%e2%80%98business+approaches+to+combating+bribery%3a+a+study+of+codes+of+conduct%e2%80%99%2c+journal+of+business+ethics%2c+34.3+%282001%29%2c+161%e2%80%9373&btng= https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=glen+hanson%2c+peter+venturelli%2c+and+annette+fleckenstein%2c+drugs+and+society+%28burlington%3a+jones+%26+bartlett+publishers%2c+2011%29.+&btng= https://doi.org/10.5465/255664 https://doi.org/10.1002/smj.4250010106 https://doi.org/10.5465/ambpp.1977.4977072 https://doi.org/10.2979/indjglolegstu.18.2.901 ../../../../mjiha/documents/jhcls/vol%202%20no%201/yang%20li,%20sun%20guohui,%20and%20martin%20j%20eppler,%20making%20strategy%20work:%20a%20literature%20review%20on%20the%20factors%20influencing%20strategy%20implementation%20(beijing:%20università%20della%20svizzera%20italiana,%202008) https://doi.org/10.4324/9781315721682 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=s+h+moeljatno%2c+asas-asas+hukum+pidana%2c+rineka+cipta%2c+jakarta&btng= https://doi.org/10.4236/ojbm.2021.94106 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=ronny+nitibaskara%2c+tegakkan+hukum+gunakan+hukum%2c+ed.+by+chris+verdyansah%2c+2nd+edn+%28jakarta%3a+penerbit+buku+kompas%2c+2007%29.+&btng= https://doi.org/10.1016/j.leaqua.2010.12.005 https://doi.org/10.1007/978-0-387-74733https://doi.org/http:/dx.doi.org/10.21143/jhp.vol7.no6.742 https://doi.org/10.4324/9781482275865 issn 2807-2812 journal of human rights, culture and legal system 213 vol. 1, no. 3, november 2021, pp. 201-213 arif purnama oktora et.al (strategy for implementing operations…) wheelen, thomas l, j david hunger, alan n hoffman, and charles e bamford, strategic management and business policy, 14th edn (pearson boston, ma, 2017), lv. google scholar winstock, adam r, kim wolff, and john ramsey, ‘ecstasy pill testing: harm minimization gone too far?’, addiction, 96.8 (2001), 1139–48. https://doi.org/10.1046/j.1360-0443.2001.96811397.x zemans, frances kahn, ‘legal mobilization: the neglected role of the law in the political system’, american political science review, 77.3 (1983), 690–703. https://doi.org/https://doi.org/10.2307/1957268 https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=thomas+l+wheelen+and+others%2c+strategic+management+and+business+policy%2c+14th+edn+%28pearson+boston%2c+ma%2c+2017%29%2c+&btng= https://doi.org/10.1046/j.1360-0443.2001.96811397.x https://doi.org/https:/doi.org/10.2307/1957268 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 78-86 78 https://doi.org/10.53955/jhcls.v2i2.26 journalhumanrightslegalsystem@gmail.com the model of coaching narcotics prisoners in the correctional penitentiary sulistya eviningruma* vasco fronzonib a faculty of law, universitas of pgri, madiun, indonesia. buniversità telematica pegaso, italy. *corresponding author: sulistya@unipma.ac.id 1. introduction the acknowledgment of human rights in this law is also reflected in legislation enacted under the constitution of 1945, especially corrections law no. 12 of 1995. in an integrated coaching system, inmates as human beings and human resources must be handled with respect and humanity.1 in contrast, the jail system does not conform to the pancasilaand 1945 constitution-based correctional system, which is the ultimate component of the criminal justice system. the purpose of the correctional system is to improve the personal qualities of prisoners so that they are aware of their mistakes, improve themselves, and do not commit crimes again.2 this allows them to be accepted back into the community, play an active role in development, and live as normal, good, and responsible citizens. in 1yusuf ari mashuri and others, ‘the response to covid-19 among drug retail outlets in indonesia: a cross-sectional survey of knowledge, attitudes, and practices’, the lancet regional health western pacific, 22 (2022), 100420 https://doi.org/10.1016/j.lanwpc.2022.100420 2rasmus munksgaard and meropi tzanetakis, ‘uncertainty and risk: a framework for understanding pricing in online drug markets’, international journal of drug policy, 101 (2022), 103535 https://doi.org/10.1016/j.drugpo.2021.103535 a r t i c l e i n f o a b s t r a c t article history received: february 13, 2021 revised: july 23, 2022 accepted: july 30, 2022 the development of narcotics convicts differs from the development of other criminal convicts. this research uses a normative-juridical approach by reviewing the laws and regulations relevant to the legal issues to be solved and discussing the ideal coaching model for victims of narcotics users in prisons today. from this research, it can be concluded that the coaching model for narcotics abuse victims must be oriented towards healing and recovery, either through medical institutions, hospitals, health centers, or social institutions. thus giving birth to a model of handling that can be applied to victims of narcotics users. this is an open-access article under the cc–by 4.0 license. keywords model; narcotics; prisoners; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:sulistya@unipma.ac.id https://doi.org/10.1016/j.lanwpc.2022.100420 https://doi.org/10.1016/j.drugpo.2021.103535 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 79 vol. 2, no. 2, july 2022, pp. 78-86 sulistiya eviningrum, et.al (the model of coaching…) addition to being treatment-oriented, activities in correctional institutions must also be profit-oriented as a consequence of a productive activity.3 in accordance with corrections law no. 12 of 1995, the outcome of the independence coaching program is that every incarcerated individual has the ability and skills that may be used as beginning capital in order to return to life in a free society in a responsible manner. to do this, it is necessary to eliminate the factors that lead convicts to violate the law, morality, religion, or other social obligations that can be criminalized.4 it is hoped that harmony and equilibrium between police, convicts, and the community are necessary for fulfilling the aims of the indonesian prison system in its efforts to eliminate crime. a procedure is required to carry out an endeavor to prevent and remove crime. the process of constructing an independent human being as a reflection of or ultimate objective of indonesia's correctional system this agreement does not establish norms; it merely compels the state to establish norms in its national legislation.5 the correctional system is an arrangement regarding the direction and boundaries as well as the method of fostering correctional inmates based on pancasila, which is carried out in an integrated manner between the coaches, those who are fostering, and the community to improve the quality of correctional inmates so that they are aware of their mistakes, improve themselves, and do not repeat criminal acts so that they can be accepted by the community, can play an active role in society, and can be productive members of society.6 this study's legal challenge is to explore legal concerns and identify the optimal model of coaching for victims of drugs users in correctional facilities. 2. research method this article investigates normative law, which is conducted by analyzing legal rules and principles. this investigation is normative and legal. this method is a normative-juridical or legal method.7 the writing requirements are descriptive 3anishaa sivakumar and others, ‘treatment of hepatitis c virus among people who inject drugs at a syringe service program during the covid-19 response: the potential role of telehealth, medications for opioid use disorder and minimal demands on patients’, international journal of drug policy, 101 (2022), 103570 https://doi.org/10.1016/j.drugpo.2021.103570 4tri hartini, ‘legal policy of protection covid-19 patients in hospitals’, journal of human rights, culture and legal system, 2.1 (2022), 45–57 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.25 5ahmad siboy and others, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.23 6femmy silaswaty faried, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 7nurfaika ishak, romalina ranaivo, and mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, constitutional religious tolerance in https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.drugpo.2021.103570 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.25 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.23 https://doi.org/10.53955/jhcls.v2i1.31 80 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 78-86 sulistiya eviningrum, et.al (the model of coaching…) juridical analyses utilizing primary, secondary, and tertiary legal materials, as well as those supported by primary facts, and analyzing them qualitatively and legally.8 the defined concerns are addressed using a statutory approach to review all laws and regulations pertinent to the legal challenges. after analyzing the problem with relevant laws and regulations, the conceptual method is utilized as the basis for constructing legal arguments that are used to resolve legal difficulties.9 3. results and discussion model of optimal guidance for narcotics-abusing prisoners in correctional institutions coaching is described as the process or act of encouraging activities to be performed efficiently and effectively in order to improve results. the term "prisoner's coaching" refers to the process of helping someone with the status of a prisoner become a better person. coaching encompasses inmates, prison services, prisoner coaching systems, and client advice, per decree of the minister of justice no. m.02-pk.04.10 of 1990 on the guidance pattern for prisoners and detainees.10 a component of the ultimum remidium is the development of inmates who are more focused on methods so that when they return to society, they will be good spiritually, socially, culturally, psychologically, and morally, hence creating harmony and balance in society. coaching is an activity that aims to transform someone with poor behavior into a good person through a personalized approach that identifies the root causes of the poor behavior.11 coaching can be widely characterized as a series of professional control efforts over all organizational parts to ensure that these elements work properly and that strategies for achieving goals are carried out efficiently and successfully. to coach a prisoner is to view him or her as a person who needs to be strengthened in order to become a better person. coaching aims to develop inmates' personalities so that they do not commit crimes again and comply with the law; it also creates links between convicts and the outside community so that they can stand on their own and be accepted as members. coaching is the process of training someone to become something or altering their capacity through learning. coaching is realizing the protection of human rights in indonesia, 2.1 (2022), 31–44 https://doi.org/10.53955/jhcls.v2i1.24 8silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, 2.1 (2022), 1–13. https://doi.org/10.53955/jhcls.v2i1.21 9 hartini. 10neus carrilero, toni mora, and anna garcía-altés, ‘the impact of an easy access drug supply management policy law on the consumption and abuse of opioids in catalonia: a population-based study’, international journal of drug policy, 101 (2022), 103562 https://doi.org/10.1016/j.drugpo.2021.103562 11yizhen hu and others, ‘the hospitalization burden of all-cause pneumonia in china: a population-based study, 2009–2017’, the lancet regional health western pacific, 22 (2022), 100443 https://doi.org/10.1016/j.lanwpc.2022.100443 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.53955/jhcls.v2i1.21 https://doi.org/10.1016/j.drugpo.2021.103562 https://doi.org/10.1016/j.lanwpc.2022.100443 issn 2807-2812 journal of human rights, culture and legal system 81 vol. 2, no. 2, july 2022, pp. 78-86 sulistiya eviningrum, et.al (the model of coaching…) centered on learning, which is understood as a process of self-transformation and self-discovery.12 there is a responsibility to transform it from its original state as a result of all of this training. the purpose of prison development (therapy) is to modify a person's social and psychological qualities. in this instance, prisoner coaching (therapy) might be viewed as a deliberate effort to alter or free the perpetrator of a criminal act from the factors that contributed to its commission. coaching activities are based on systems, institutions, and coaching methods, which constitute the final component of the criminal justice system. the correctional system consists of various units of criminal law enforcement.13 an order regarding the directions and boundaries as well as the method of fostering correctional inmates based on pancasila is carried out in an integrated manner between the coaches, those who are being fostered, and the community in order to improve the quality of correctional inmates so that they are aware of their mistakes, improve themselves, and do not repeat criminal acts so that they can be re-accepted by society and the community, can play an active role in development, and c. correctional can be compared to resocialization if everything is understood to be situated inside the indonesian cultural framework.14 resocialization is the process of preparing inmates for a successful return to society, in the sense that they can once again live in society without committing another offense. in incidents of drug misuse in indonesia, victims of drug users who are apprehended are placed in state detention facilities or police cells immediately. for the duration of the investigation, the victim remains in detention. when supporting evidence has been gathered during the investigation process, the investigator will send the examination procedure letter (bap in indonesian) to the prosecutor's office in order to establish a public prosecutor, who will subsequently file an indictment with the district court.15 during this procedure, victims of drug users were transferred from the police custody center to the prosecutor's detention center or to a correctional institution's detention center (lp in indonesian). after receiving the indictment letter from the prosecutor's office, the chairman of the court establishes a panel of judges charged with summoning the perpetrator. the matter was later tried in a district court, and 12lyonpo dechen wangmo and others, ‘sustaining progress towards malaria elimination by 2025: lessons from bhutan & timor-leste’, the lancet regional health western pacific, 22.figure 1 (2022), 1–5 https://doi.org/10.1016/j.lanwpc.2022.100429 13satoshi shoji and others, ‘regional variations in the process of care for patients undergoing percutaneous coronary intervention in japan’, the lancet regional health western pacific, 22 (2022), 100425 https://doi.org/10.1016/j.lanwpc.2022.100425 14gunnar sæbø and ingeborg lund, ‘public support for further regulating smoking, snus and e-cigarettes in norway, and its associations with risk perceptions and tobacco use’, international journal of drug policy, 101 (2022), 103559 https://doi.org/10.1016/j.drugpo.2021.103559 15kyohei yamaji and others, ‘percutaneous coronary intervention during the covid-19 pandemic in japan: insights from the nationwide registration data’, the lancet regional health western pacific, 22 (2022), 100434 https://doi.org/10.1016/j.lanwpc.2022.100434 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.lanwpc.2022.100429 https://doi.org/10.1016/j.lanwpc.2022.100425 https://doi.org/10.1016/j.drugpo.2021.103559 https://doi.org/10.1016/j.lanwpc.2022.100434 82 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 78-86 sulistiya eviningrum, et.al (the model of coaching…) the defendants, who were drug users with the status of perpetrators, were condemned to prison immediately. by placing victims of drug users under custody (in terms of getting the right to treatment or care), the coaching model will make it more difficult for drug-dependent victims to rehabilitate.16 furthermore, an unsupportive jail atmosphere will have a detrimental impact and exacerbate the mental and physical situations of drug-using convicts. prior to the amendment of the narcotics law as a result of a legal breakthrough, the application of criminal punishments to victims of drug users did not include imprisonment, but the judge could order placement in a rehabilitation facility. a person who is detected using drugs for personal use and is apprehended by the police or narcotics institution (bnn in indonesian) is expected to be immediately transferred to a rehabilitation clinic. during the legal process, until the judgment by the panel of judges, the patient remains in the rehabilitation center to receive therapy and recover from drug dependence.17 essentially, the coaching approach, as described, demands the collaboration of multiple parties, including those within the correctional institution as well as the community and current stakeholders. because legal instruments are available through article 54 of the narcotics law, article 103, and article 127 paragraphs (2) and (3), as well as the mandate of the supreme court through its letter (sema in indonesian) no. 4 of 2010, into the institute for medical and social rehabilitation, which becomes the guideline for judges at the district court and the high court in deciding cases, in addition, there are still two government regulations that can be used as a basis for the implementation of this regulation. observing trends in multiple countries, a new paradigm has emerged in which drug users and addicts are no longer viewed as engaging in bad activity but rather as individuals suffering from chronic disorders who require rapid treatment, accompaniment, and a slow recovery.18 this paradigm establishes a new approach for dealing with the victims of drug users, who are no longer prosecuted but instead transported to rehabilitation clinics immediately. the application of incarceration for drug users and addicts has proven ineffective, as the number of drug users and addicts continues to rise from year to year. this must be reconsidered in light of the aim and function of enforcing criminal laws against drug users. the availability of rehabilitation 16xiaozhen lai and others, ‘national, regional, and provincial disease burden attributed to streptococcus pneumoniae and haemophilus influenzae type b in children in china: modelled estimates for 2010–17’, the lancet regional health western pacific, 22 (2022), 100430 https://doi.org/10.1016/j.lanwpc.2022.100430 17vivien ky chan and others, ‘mortality-causing mechanisms and healthcare resource utilisation of treatment-resistant depression: a six-year population-based cohort study’, the lancet regional health western pacific, 22.852 (2022), 100426 https://doi.org/10.1016/j.lanwpc.2022.100426 18muhammad ridwansyah and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, 2.1 (2022), 55–65. https://doi.org/10.53955/jhcls.v2i1.27 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.lanwpc.2022.100430 https://doi.org/10.1016/j.lanwpc.2022.100426 https://doi.org/10.53955/jhcls.v2i1.27 issn 2807-2812 journal of human rights, culture and legal system 83 vol. 2, no. 2, july 2022, pp. 78-86 sulistiya eviningrum, et.al (the model of coaching…) initiatives is the most crucial aspect of overcoming drug usage that law enforcement agents do not take into account. the existing development model for narcotics victims continues to classify them as criminals (perpetrators), hence rehabilitation attempts are frequently disregarded.19 one of the non-criminal punishments, such as fines or treatment requirements, or no criminal punishment. during "depenalization" efforts, the use of narcotics remains a criminal infraction, although imprisonment is no longer imposed for possession or use, despite the possibility of other criminal consequences such as fines, police records, and probation. it is not necessary to treat narcotics addicts as criminals or dependent patients; rather, they must be handled as ordinary people with the understanding that they require psychological aid because their demands are fundamentally distinct from those of normal humans.20 the legal system in indonesia must immediately begin transporting victims of drug abuse and addiction to recovery institutions. if victims of narcotics users or addicts are caught by the police or reported by parents or guardians, they must be placed in a rehabilitation facility. with the publication of sema number 7 of 2009 regarding the placement of abuse victims and narcotics addicts into medical rehabilitation and social rehabilitation institutions, as well as government regulation number 25 of 2011, it was essentially confirmed that addicts and narcotics users are victims and not criminals who must be incarcerated, let alone combined with other criminals. users and addicts are not criminals, but rather individuals who suffer from addiction and require therapy on a medical and psychological level, as well as motivation or community support to return to a normal life. the requirement that victims of narcotics users and addicts undertake rehabilitation is designed to reduce the total market share of narcotics in indonesia, with the eventual goal of achieving a balance between supply and demand reduction factors.21 to strengthen and position drug users and addicts as victims, the government's policy must be amended in accordance with a law that eliminates their criminality. thus, the government is also more focused on maximizing the rehabilitation program for drug users or addicts; the goal is for drug users or addicts to no longer hide or fear punishment. it is intended that drug users and addicts will register themselves willingly for treatment at a government-designated rehabilitation center. thus, the coaching model for opioid misuse victims must be 19mats ekendahl and patrik karlsson, ‘a matter of craving–an archeology of relapse prevention in swedish addiction treatment’, international journal of drug policy, 101 (2022), 103575 https://doi.org/10.1016/j.drugpo.2021.103575 20sarthak das and others, ‘building a gender responsive framework for malaria elimination in asia-pacific’, the lancet regional health western pacific, 22.april (2022), 100448 https://doi.org/10.1016/j.lanwpc.2022.100448 21rennie x. qin and others, ‘building sustainable and resilient surgical systems: a narrative review of opportunities to integrate climate change into national surgical planning in the western pacific region’, the lancet regional health western pacific, 22 (2022), 100407 https://doi.org/10.1016/j.lanwpc.2022.100407 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.drugpo.2021.103575 https://doi.org/10.1016/j.lanwpc.2022.100448 https://doi.org/10.1016/j.lanwpc.2022.100407 84 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 78-86 sulistiya eviningrum, et.al (the model of coaching…) focused on healing and recovery, either through medical institutions (hospitals or health centers) or social institutions. hence giving rise to a paradigm of care that can be used for the victims of drug users.22 4. conclusion based on the analysis and various discussions above, the conclusions that model of coaching for victims of narcotics abuse must be oriented towards healing and recovery, either through medical institutions, hospitals, health centers, or social institutions. thus establish a model in the form of handling that can be applied to victims of narcotics users. references cando, leslie faye t., jeremy a. ceriales, maria llaine j. callanta, felix eduardo r. punzalan, and ourlad alzeus g. tantengco, ‘challenges in the control and prevention of infective endocarditis in the philippines’, the lancet regional health western pacific, 22 (2022), 2022 https://doi.org/10.1016/j.lanwpc.2022.100458 carrilero, neus, toni mora, and anna garcía-altés, ‘the impact of an easy access drug supply management policy law on the consumption and abuse of opioids in catalonia: a population-based study’, international journal of drug policy, 101 (2022), 103562 https://doi.org/10.1016/j.drugpo.2021.103562 chan, vivien ky, edmund cl cheung, sandra sm chan, martin knapp, joseph f. hayes, min fan, and others, ‘mortality-causing mechanisms and healthcare resource utilisation of treatment-resistant depression: a six-year population-based cohort study’, the lancet regional health western pacific, 22.852 (2022), 100426 https://doi.org/10.1016/j.lanwpc.2022.100426 das, sarthak, rittika datta, tan yong beng, and mobumo kiromat, ‘building a gender responsive framework for malaria elimination in asia-pacific’, the lancet regional health western pacific, 22.april (2022), 100448 https://doi.org/10.1016/j.lanwpc.2022.100448 ekendahl, mats, and patrik karlsson, ‘a matter of craving–an archeology of relapse prevention in swedish addiction treatment’, international journal of drug policy, 101 (2022), 103575 https://doi.org/10.1016/j.drugpo.2021.103575 emovwodo, silaas oghenemaro, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, 2.1 (2022), 1–13 https://doi.org/10.53955/jhcls.v2i1.21 22 leslie faye t. cando and others, ‘challenges in the control and prevention of infective endocarditis in the philippines’, the lancet regional health western pacific, 22 (2022), 2022 https://doi.org/10.1016/j.lanwpc.2022.100458 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.lanwpc.2022.100458 https://doi.org/10.1016/j.drugpo.2021.103562 https://doi.org/10.1016/j.lanwpc.2022.100426 https://doi.org/10.1016/j.lanwpc.2022.100448 https://doi.org/10.1016/j.drugpo.2021.103575 https://doi.org/10.53955/jhcls.v2i1.21 https://doi.org/10.1016/j.lanwpc.2022.100458 issn 2807-2812 journal of human rights, culture and legal system 85 vol. 2, no. 2, july 2022, pp. 78-86 sulistiya eviningrum, et.al (the model of coaching…) hartini, tri, ‘legal policy of protection covid-19 patients in hospitals’, journal of human rights, culture and legal system, 2.1 (2022), 45–57 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.25 hu, yizhen, yuting han, canqing yu, yu guo, pei pei, ling yang, and others, ‘the hospitalization burden of all-cause pneumonia in china: a populationbased study, 2009–2017’, the lancet regional health western pacific, 22 (2022), 100443 https://doi.org/10.1016/j.lanwpc.2022.100443 ishak, nurfaika, romalina ranaivo, and mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, constitutional religious tolerance in realizing the protection of human rights in indonesia, 2.1 (2022), 31–44 https://doi.org/10.53955/jhcls.v2i1.24 lai, xiaozhen, brian wahl, wenzhou yu, tingting xu, haijun zhang, cristina garcia, and others, ‘national, regional, and provincial disease burden attributed to streptococcus pneumoniae and haemophilus influenzae type b in children in china: modelled estimates for 2010–17’, the lancet regional health western pacific, 22 (2022), 100430 https://doi.org/10.1016/j.lanwpc.2022.100430 mashuri, yusuf ari, luh putu lila wulandari, mishal khan, astri ferdiana, ari probandari, tri wibawa, and others, ‘the response to covid-19 among drug retail outlets in indonesia: a cross-sectional survey of knowledge, attitudes, and practices’, the lancet regional health western pacific, 22 (2022), 100420 https://doi.org/10.1016/j.lanwpc.2022.100420 munksgaard, rasmus, and meropi tzanetakis, ‘uncertainty and risk: a framework for understanding pricing in online drug markets’, international journal of drug policy, 101 (2022), 103535 https://doi.org/10.1016/j.drugpo.2021.103535 qin, rennie x., lotta velin, elizabeth f. yates, omnia el omrani, elizabeth mcleod, jemesa tudravu, and others, ‘building sustainable and resilient surgical systems: a narrative review of opportunities to integrate climate change into national surgical planning in the western pacific region’, the lancet regional health western pacific, 22 (2022), 100407 https://doi.org/10.1016/j.lanwpc.2022.100407 ridwansyah, muhammad, and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, 2.1 (2022), 55–65 https://doi.org/10.53955/jhcls.v2i1.27 sæbø, gunnar, and ingeborg lund, ‘public support for further regulating smoking, snus and e-cigarettes in norway, and its associations with risk https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.25 https://doi.org/10.1016/j.lanwpc.2022.100443 https://doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.1016/j.lanwpc.2022.100430 https://doi.org/10.1016/j.lanwpc.2022.100420 https://doi.org/10.1016/j.drugpo.2021.103535 https://doi.org/10.1016/j.lanwpc.2022.100407 https://doi.org/10.53955/jhcls.v2i1.27 86 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 78-86 sulistiya eviningrum, et.al (the model of coaching…) perceptions and tobacco use’, international journal of drug policy, 101 (2022), 103559 https://doi.org/10.1016/j.drugpo.2021.103559 shoji, satoshi, kyohei yamaji, alexander t. sandhu, nobuhiro ikemura, yasuyuki shiraishi, taku inohara, and others, ‘regional variations in the process of care for patients undergoing percutaneous coronary intervention in japan’, the lancet regional health western pacific, 22 (2022), 100425 https://doi.org/10.1016/j.lanwpc.2022.100425 siboy, ahmad, al-fatih virga, dwi efendi, and putri hidayah, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.23 silaswaty faried, femmy, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 sivakumar, anishaa, lynn madden, elizabeth didomizio, anthony eller, merceditas villanueva, and frederick l. altice, ‘treatment of hepatitis c virus among people who inject drugs at a syringe service program during the covid-19 response: the potential role of telehealth, medications for opioid use disorder and minimal demands on patients’, international journal of drug policy, 101 (2022), 103570 https://doi.org/10.1016/j.drugpo.2021.103570 wangmo, lyonpo dechen, odete maria freitas belo, kinley penjor, tobgyel drukpa, maria do rosario de fatima mota, odete da silva viegas, and others, ‘sustaining progress towards malaria elimination by 2025: lessons from bhutan & timor-leste’, the lancet regional health western pacific, 22.figure 1 (2022), 1–5 https://doi.org/10.1016/j.lanwpc.2022.100429 yamaji, kyohei, shun kohsaka, taku inohara, yohei numasawa, hirohiko ando, hideki wada, and others, ‘percutaneous coronary intervention during the covid-19 pandemic in japan: insights from the nationwide registration data’, the lancet regional health western pacific, 22 (2022), 100434 https://doi.org/10.1016/j.lanwpc.2022.100434 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.drugpo.2021.103559 https://doi.org/10.1016/j.lanwpc.2022.100425 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.23 https://doi.org/10.53955/jhcls.v2i1.31 https://doi.org/10.1016/j.drugpo.2021.103570 https://doi.org/10.1016/j.lanwpc.2022.100429 https://doi.org/10.1016/j.lanwpc.2022.100434 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 135-146 135 https://doi.org/10.53955/jhcls.v1i3.13 journalhumanrightslegalsystem@gmail.com the principle of equality before the law in indonesian corruption case: is it relevant? moh. iqra syabani korompota sholahuddin al-fatih a* david pradhan b afaculty of law, universitas muhammadiyah malang, indonesia. a school of international studies, jawaharlal nehru university, india. *corresponding author: sholahuddin.alfath@gmail.com 1. introduction the republic of indonesia is a country based on the law.1 the constitution of 1945 stipulates that the state of the republic of indonesia is a state of law (rechstaat) as evidenced by the provisions in the opening, torso, and explanation of the constitution 1945.2 the state of law rests on two principles of human rights 1sholahuddin al-fatih, ‘model pengujian peraturan perundang-undangan satu atap melalui mahkamah konstitusi’, jurnal ilmiah hukum legality, 25.2 (2018), 247 https://doi.org/10.22219/jihl.v25i2.6005 2klaus gründler and tommy krieger, ‘using machine learning for measuring democracy: a practitioners guide and a new updated dataset for 186 countries from 1919 to 2019’, european a r t i c l e i n f o a b s t r a c t article history received: june 10, 2021 revised: august 11, 2021 accepted: august 20, 2021 article 28d paragraph (1) of the nri constitution of 1945 states that "everyone is entitled to the recognition, guarantee, protection, and certainty of fair law and equal treatment before the law". unfortunately, the implementation of the article is not in accordance with the theory. cases that go against the principle of equality before the law include cases of corruption convicts who get lavish facilities in poor prisons. the purpose of this research to find out the form of facilities obtained by corruption inmates is reviewed from the principle of equality before the law, as well as the extent of the government's efforts in dealing with cases like this. the methodology used to resolve this error uses empirical juridical research methods. data collection techniques by conducting interviews, observations, documentation and reanalysis with qualitative methods that aim to understand phenomena occurring in the field. the results showed that the form of facilities obtained by corruption inmates such as televisions, cell phones, air conditioners made it easier to get in and out of prisons, and so on. the government's efforts in dealing with this are to revitalize the coaching of inmates and the revised plan of law no. 12 of 1995 on correctional with the aim of improving the personality quality of inmates until the presence of the intention to improve themselves and do not want to repeat the validity. this is an open-access article under the cc–by 4.0 license. keywords equality before the law; corruption; indonesia; https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i3.13 mailto:journalhumanrightslegalsystem@gmail.com mailto:sholahuddin.alfath@gmail.com https://doi.org/10.22219/jihl.v25i2.6005 https://creativecommons.org/licenses/by/4.0/ 136 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) namely freedom and equality, it is in line with the opinion of a.v. dicey in the concept of the state law "rule of law" there are three kinds of meanings namely, the highest power is in the law, not on the ruler or also on the policy of the arbitrary ruler (supremacy of law), there is a principle of equality before the law that no one is above the law, and there is a constitution that is the basis for all applicable laws. there must be a prohibition against violations of people's rights and freedoms (the principle of the constitution based on individual right).3 law enforcement in a broad sense includes activities to implement and apply the law and take legal action against any violations or irregularities of the law committed by the subject, either through judicial procedures or arbitration procedures and other dispute resolution mechanisms (alternative diputes or conflicts resolution). in a narrow sense, law enforcement concerns the act of suppressing any violation or deviation of the rule of law. in the amendment to the constitution 1945, the principle of equality before the law is included in article 27 paragraph (1) which states that all citizens are at the same time in law and government and are obliged to uphold the law and government with nothing but it. this is an acknowledgment and guarantee of the equal rights of all citizens in law and government.4 the theory and concept of equality before the law as embraced by article 27 paragraph (1) of the constitution 1945 becomes the basis of protection for citizens to be treated equally before law and government. it is meant, that everyone is treated equally before the law. in addition to article 27 paragraph (1), the article containing the principle of equality before the law is article 28d paragraph (1). in the 1945 constitution article 28d paragraph (1) which reads "everyone is entitled to the recognition, guarantee, protection, and certainty of fair law and equal treatment before the law". so the importance of the principle of equality before the law is clearly seen by the affirming of the rules on equality before the law. today's problematic case is very much a case that goes against the principle of equality before the law, not in accordance with the mandate that has been given by the constitution. examples of cases that prove to be incompatible with this principle are like corruption convicts who get very luxurious prison facilities. corruption inmates housed in sukamiskin correctional institution (prison). the results of a surprise inspection from the ministry of law and human rights journal of political economy, 70.june 2020 (2021), 102047 https://doi.org/10.1016/j.ejpoleco.2021.102047 3philippe van gruisen and christophe crombez, ‘the commission and the council presidency in the european union: strategic interactions and legislative powers’, european journal of political economy, 70.april (2021), 102040 <https://doi.org/10.1016/j.ejpoleco.2021.102040>. 4 fabian lechtenberg and others, ‘targeting economic and environmental benefits associated with the integration of regeneration units in water systems’, journal of cleaner production, 323 (2021) https://doi.org/10.1016/j.jclepro.2021.129022 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ejpoleco.2021.102047 https://doi.org/10.1016/j.jclepro.2021.129022 issn 2807-2812 journal of human rights, culture and legal system 137 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) (kemenkumham), found that many violations were committed in sukamiskin prison.5 if indeed the state of indonesia is really a state of law (rechtstaat) that glorifies and prioritizes the value of equality before the law, everyone is equal before the law, unfounded in criminal cases, especially corruption cases the defendants get special treatment when compared to other defendants such as not subject to detention. everyone has the same position before the law, equality before the law, has been analogous to society being "only ordinary people who have the same position before the law". that's the public's view of law enforcement issues.6 equipping residential rooms with refrigeration equipment, fans, televisions and/or electronic devices is prohibited for inmates. in article 5 letter b of law no. 12 of 1995 which says "equality of treatment and service"10 it is very clear that an inmate has the same rights and obligations, no distinction from each other. this is carried out based on equal treatment and service in the correctional development system, namely the provision of equal treatment and service to correctional residents without discriminating against people. while in article 28 paragraph (3) government regulation no. 32/1999 on the terms and procedures for the implementation of correctional residents, stating that inmates and correctional students are prohibited from bringing television and radio or other electronic media into prison for personal gain.7 violations committed by inmates have luxurious room facilities also contrary to article 4 of the regulation of the minister of law and human rights of the republic of indonesia no. 6 of 2013 on the code of conduct of correctional institutions and state prisons in letter i which says each inmate is prohibited from equipping residential rooms with refrigeration devices, fans, televisions, and/or other electronic devices, and in the letter j possesses, carries and/or uses electronic devices, such as laptops or computers, cameras, recording devices, mobile phones, and the like.8 the poor prison conditions in indonesia are well below the un minimum standard rules for the treatment of inmates or known as the nelson mandela rule. this mandela rule requires the availability of basic needs and services in accordance with national standards. the standard stipulated by the ministry of health for calorie intake per person is between 2,475-2,725 kilos of calories, but 5 sholahuddin al-fatih, ‘darus as an anti-corruption education’, asia pacific fraud journal, 3.1 (2018), 117–23 https://doi.org/10.21532/apfj.001.18.03.01.14 6 luciano campos and agustín casas, ‘rara avis: latin american populism in the 21st century’, european journal of political economy, 70.october 2020 (2021), 102042 https://doi.org/10.1016/j.ejpoleco.2021.102042 7 mariam abdulkareem and others, ‘life cycle assessment of a low-height noise barrier for railway traffic noise’, journal of cleaner production, 323 (2021), 129169 https://doi.org/10.1016/j.jclepro.2021.129169 8 amir n. licht, chanan goldschmidt, and shalom h. schwartz, ‘culture rules: the foundations of the rule of law and other norms of governance’, journal of comparative economics, 35.4 (2007), 659–88 https://doi.org/10.1016/j.jce.2007.09.001 https://www.jhcls.org/index.php/jhcls https://doi.org/10.21532/apfj.001.18.03.01.14 https://doi.org/10.1016/j.ejpoleco.2021.102042 https://doi.org/10.1016/j.jclepro.2021.129169 https://doi.org/10.1016/j.jce.2007.09.001 138 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) prisons in indonesia are only able to provide 1,559 to 2,030 kilos of calories due to a low budget. the grocery budget for inmates in indonesia is usd $ 1.5 per inmate per day or about rp15,000 per inmate per day for health services, each inmate only gets a budget of usd $ 1.2 per years or about rp1,000 per month. an inmate needs to share a cell with 6-7 others in a cell designed for 3 people only. they eat, sleep, and defecate there. if the inmates are without any financial support, life will be very heavy.9 faced with such difficult conditions, inmates of corruption will use their financial resources to alleviate their suffering while in prison and ironically this will get them involved in new corrupt practices while in prison. with the money they have, convicts of corruption can get or rent a bed that is more viable. 2. research method this research is useful for the development of legal science,10 especially in the field of enforcement of legal principles and criminal law. this type of research in this study is empirical juridical11 which in other words is a type of sociological legal research and can also be called field research, namely reviewing the provisions of the prevailing law as well as what happens in society.12 or in other words, a study conducted on the true circumstances or real circumstances that occur in the community with the intent to know and find the facts and data needed, after the data has been collected then leads to the identification of the problem that ultimately leads to the resolution of the problem.13 3. results and discussion the facility obtained by the inmate has regulations governing it. related to its standardization or what provisions can be for inmates and what is prohibited for inmates. the author tries to sit this discussion gradually. before the author goes too far in explaining what regulations and conditions are allowed and what is prohibited for inmates, the authors seek to collect data from various cases of corrupt inmates who are in prison, there are at least five instances of cases 9 anu lähteenmäki-uutela and others, ‘legal rights of private property owners vs. sustainability transitions?’, journal of cleaner production, 323.september (2021) https://doi.org/10.1016/j.jclepro.2021.129179 10 j.d. m. h. hoeflich, b.a., m.a., ‘law & geometry: legal science from leibniz to langdell’, american journal of legal history, 30.2 (1986), 95–121 https://doi.org/https://doi.org/10.2307/845705 11 irwansyah, penelitian hukum: pilihan metode & praktik penulisan artikel, ed. by ahsan yunus (yogyakarta: mirra buana media, 2020). 12 soeleman djaiz baranyanan, ‘simplification of law regulations in copyright criminal act settlement’, journal of human rights, culture and legal system, 1.2 (2021), 80–91 https://doi.org/10.53955/jhcls.v1i2.9 13 andi akbar herman and muhammad jihadul hayat, ‘management of high secondary education after regional government law’, journal of human rights, culture and legal system, 1.2 (2021), 395–96 https://doi.org/10.53955/jhcls.v1i2.11 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jclepro.2021.129179 https://doi.org/https:/doi.org/10.2307/845705 https://doi.org/10.53955/jhcls.v1i2.9 https://doi.org/10.53955/jhcls.v1i2.11 issn 2807-2812 journal of human rights, culture and legal system 139 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) involving corruption inmates with prison guards along with explanations of what cases and violations have been violated.14 the results of research from indonesia corruption watch or abbreviated icw in six major cities in indonesia on patterns of corruption in the judiciary in 2001, found at least five patterns of corruption that occurred in the correctional institution, namely:15 1. special treatment and treatment during his time in custody. by paying a certain amount of money to the officer, the inmate will get different treatment from the other inmates. special facilities can also be provided, such as separate cells with other inmates (except for the poor prison that was indeed the concept of a room for only 1 person per room.) eat and drink nutritious, television furniture, refrigerator, air conditioner, mobile phone, and so on. if agreed, even the cell room can be converted into a temporary office and inmates are notabene a businessman. 2. the provision of security services. in general, the condition of rutan or prison in indonesia is not as safe as imagined. the number of wardens with inmates is not comparable to that of inmates, making violent acts more common in prisons. this condition can be utilized by some people in prisons and inmates who are being guarded by officers to ask for security services money. if the security money is not handed over, it may be that the threat of violence will be experienced by inmates. 3. granting permission to get out of jail. it's not really a matter of an inmate coming out of prison. for example, to take medication or leave to visit family. however, it must be in accordance with the established procedures. which is where the permission is granted by the head of the prison and kakanwil department of law and ham. the right to out inmates has been clearly regulated in law no. 12 of 1995 on correctional. article 14 letter d governs the right to obtain health care and article 14 letter j governs the right to leave, such as visiting family. for example, marry a child, marry or marry a close friend. 4. granting remission (sentencing reduction) is a fast way that inmates can immediately breathe free air. remission is one of the rights of inmates as stipulated in the law on correctional. which is if an inmate behaves well while in prison, the head of prison can propose to the minister of law and human rights to grant remission to the inmate concerned. 14 huiping dai and others, ‘in search of the exclusion/low-accumulation mechanisms: cadmium uptake and accumulation from soil by cultivated (solanum melongena l.) and wild eggplants (solanum torvum l.)’, journal of cleaner production, 323.september (2021), 129141 https://doi.org/10.1016/j.jclepro.2021.129141 15 juniati gunawan, paulina permatasari, and carol tilt, ‘sustainable development goal disclosures: do they support responsible consumption and production?’, journal of cleaner production, 246 (2020) https://doi.org/10.1016/j.jclepro.2019.118989 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jclepro.2021.129141 https://doi.org/10.1016/j.jclepro.2019.118989 140 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) 5. charges for guests. it has become a common secret when there are families or guests who want to visit prisoner, it turns out that there is an "unofficial" levy that seems to be standardized. not only uang, food is often requested by guards. even by paying a larger number of bribes, guests can visit inmates without being tied to visiting hours. among the above cases the author chose to focus on the most recent case (in 2018) in the prison of sukamiskin, bandung, west java. as carried out at night by the directorate general of corrections of the ministry of law and human rights on sunday, july 22, 2018. if is done from 19.00 wib to 23.00 wib, the officer advances various items that violate the regulation, such as money, television, refrigerator, stove, microwave, pot, spatula, cell phone, to air conditioning. before that, the corruption eradication commission (kpk) had conducted a hand-catch operation on saturday, july 21, 2018 against people who took bribes between inmates in corruption cases and officials in sukamiskin prison. from the bribes, inmates can obtain several facilities while inside the prison. therefore, it was done by the directorate general of correctional law and human rights. the corruption eradication commission said that to get additional facilities in sukamiskin prison it would cost 200 million-500 million.16 prisons with luxurious facilities are certainly not just in the poor, such as similar cases such as the haryanto chandra case. yang where the national narcotics agency (bnn) on may 31, 2017, managed to find a luxurious cell room occupied by inmates at cipinang correctional institution, east jakarta, haryanto chandra aka gombak. in the cell, bnn authorities found several items such as a laptop unit or carry-on computer, one ipad unit, four mobile phone units and one token unit, and had air conditioning and cctv facilities to monitor everyone who came. in the search, there is a situation in the cell room that is not like the cell room in general. in the room there is air conditioning, cctv that can monitor everyone who comes, wifi, aquarium fish arowana and special food menu. as said budi waseso, who was then the head of bnn. the absence of luxury cells in the prison is not a surprise to us, because this subject has been very common almost all prisons in indonesia. but the only thing that is different from the prison is that the trade in luxury facilities is carried out by former top officials in indonesia. as explained by the.17 the very interesting thing to look out for in this case is that the luxury facilities of course correlate with the abuse of authority committed by certain people, as in the example of the above cases. in the abuse of authority almost always related to 16michael r. dove and daniel m. kammen, ‘vernacular models of development: an analysis of indonesia under the “new order”’, world development, 29.4 (2001), 619–39 https://doi.org/10.1016/s0305-750x(01)00002-x 17d. dirhamsyah, ‘indonesian legislative framework for coastal resources management: a critical review and recommendation’, ocean and coastal management, 49.1–2 (2006), 68–92 https://doi.org/10.1016/j.ocecoaman.2005.09.001 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/s0305-750x(01)00002-x https://doi.org/10.1016/j.ocecoaman.2005.09.001 issn 2807-2812 journal of human rights, culture and legal system 141 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) bribery bribes, the absence of tributes, offerings, bribe money and so on. the phenomenon of cells with privileged facilities in prisons can only be enjoyed by certain inmates and this is clearly very contrary to law no. 12 of 1995 on correctional in article 5 letter b, namely equality of treatment and service, which in its explanation is affirmed that the meaning of "equality of treatment and service" is the provision of equal treatment and service to the citizens of the correctional facility without discriminating against people. the presence of luxury cells in prisons can certainly only be enjoyed by certain inmates, and it can be said that this is a violation of the human right for fellow inmates to be treated equally and a denial of equality before the law, as mandated in our constitution.18 of course, regarding the prohibition on inmates obtaining luxury facilities there has been a provision in the regulation of the ministry of law and human rights no. 6 of 2013 on the discipline of correctional institutions and state prisons in article 4, every inmate is prohibited to do some things. from the results of the research, the authors want to focus on the prohibition of inmates above in the letters i, j, and k. the prohibition has been very clear and firm about the prohibition. in letter i it is about the prohibition of equipping residential rooms with refrigeration, fans, televisions, or other electronic devices. in letter j the prohibition on possessing, carrying or using electronic devices, such as laptops or computers, cameras, recording devices, mobile phones, pagers, and the like. in the letter k inmates are prohibited from installing electrical installations in residential rooms.19 it is also not in accordance with the mandate of our constitution. as in article 27 paragraph (1) of the state law of the republic of indonesia of 1945 which reads "all citizens concurrently position in law and government and shall uphold the law and government with nothing but." and stated in article 28 paragraph (3) of government regulation no. 32 of 1999 on the terms and procedures for the implementation of correctional residents, states that inmates and correctional students are prohibited from bringing television and radio planes or other electronic media into prison for personal gain. the regulation of the minister of law and human rights of the republic of indonesia no. 12 of 2016 on the terms and procedures for granting exit permits for inmates in the framework of coaching has regulated such strict exit permits for inmates, but there are still some special inmates who violate it as some examples of cases the authors have 18asjad naqvi, ‘decoupling trends of emissions across eu regions and the role of environmental policies’, journal of cleaner production, 323.february (2021) https://doi.org/10.1016/j.jclepro.2021.129130 19yeling zhu and others, ‘biowaste-based biodegradable flocculants for clean and sustainable tailings management in industrial mining and mineral processing’, journal of cleaner production, 323 (2021), 129195 https://doi.org/10.1016/j.jclepro.2021.129195 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jclepro.2021.129130 https://doi.org/10.1016/j.jclepro.2021.129195 142 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) described above. in article 17 of the minister of law and human rights of the republic of indonesia no. 12 of 2016 has stipulated that.20 the penalty obtained if an inmate is found to be violating the prison code during the execution of an exit permit is revoked while granting his/her exit permit, cannot be granted an exit permit again within one year from the date the granting of the exit permit is revoked. the rules and regulations are very clear. for example, in prisons want to provide correctional services that are free from "halinar" mobile, pungli, and narcotics, but still there are people who provide and offer such things. for inmates who find themselves uncomfortable in the prison room, then that is where the offer of sale and who get the pleasure of only those who can afford the offer and who cannot afford to pay must remain in uncomfortable condition. as malik, one of the former inmates who was a speaker at the indonesia lawyers club event, said "mobile phones are not formally prohibited, but those that sell a lot of credit, who sell mobile phones there."21 from the example of the above case is also evidence that the implementation of the principle of equality before the law has not been efficient or maximal. the "only" equation before the law seems to signal to us that socially and economically people should not get equality. for those corrupt inmates who have suffered despite having obtained soft mattresses and various other facilities, the author does not mean that corrupt inmates should be treated the same as a chicken thief. it's not like that. but the author's intent is that the authorities, who handle similar cases, should make a new plan and commit wholeheartedly to resolving this case, and focus on improving to the root of the existing case so as not to re-occur similar cases.22 in the explanation of times in the author trying to explain the latest efforts made by the government or the parties concerned who have the right to issue the latest strategies or ideas related to this issue that hopefully can minimize the onsevent of cases such as this happening again, either corruption convicts who do so or other criminal convicts. this information was obtained based on the results of the author's interview with one of the parties from the directorate general of human rights, ministry of law and human rights. revitalizing coaching for inmates. the ministry of law and human rights is conducting a revitalization of correctional administration, as stated in the regulation of the minister of law and human rights of the republic of indonesia no. 35 of 2018 on the 20marta ramos-andrés, beatriz aguilera-torre, and juan garcía-serna, ‘biorefinery of discarded carrot juice to produce carotenoids and fermentation products’, journal of cleaner production, 323 (2021) https://doi.org/10.1016/j.jclepro.2021.129139 21amadou boly and robert gillanders, ‘anti-corruption policy making, discretionary power and institutional quality: an experimental analysis’, journal of economic behavior and organization, 152 (2018), 314–27 https://doi.org/10.1016/j.jebo.2018.05.007 22tijana adamovic and others, ‘a feasibility study on green biorefinery of high lignin content agro-food industry waste through supercritical water treatment’, journal of cleaner production, 323 (2021) https://doi.org/10.1016/j.jclepro.2021.129110 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jclepro.2021.129139 https://doi.org/10.1016/j.jebo.2018.05.007 https://doi.org/10.1016/j.jclepro.2021.129110 issn 2807-2812 journal of human rights, culture and legal system 143 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) revitalization of correctional administration. through the revitalization of correctional administration, the construction of inmates will be classified into super maximum security prison, maximum security prison, medium security prison, minimum security prison. from the information obtained, this has been done on nusakambangan island.23 in article 8 of the regulation of the minister of law and human rights of the republic of indonesia no. 35 of 2018, explained that the revitalization of inmate coaching aims to improve the cauldron of inmate coaching function in encouraging behavior change and decrease the risk level of inmates. the author seeks to first explain one by one the definitions, criteria, and how the inmate coaching program of the super maximum security prison, maximum security prison, medium security prison, minimum security prison as this explanation has been in the regulation of the minister of law and human rights of the republic of indonesia no. 35 of 2018.24 revised plan of law no.12 of 1995 on correctional. this latest correctional bill, expected to be a legal basis for the state to provide protection for all targeted citizens, children, and correctional institutions, while improving the personality quality of correctional residents, to improve themselves does not repeat the crime. in the view of the author regarding the revised plan of law no.12 of 1995 on correctional, this will be implemented properly if the development of religious awareness becomes the focus in this improvement. why? because the improvement of the external aspect has been done by the government, while the improvement of the internal aspects of individuals sourced from the teachings of this religion is still very minimal. this is the determinant of a person who can submit and obey a rule.25 4. conclusion based on the analysis and various discussions above, the conclusions that can be drawn are as follows, the form of facilities obtained by prison corruption inmates who are reviewed from the principle of equality before the law such as money, televisions, refrigerators, pots, mobile phones, air conditioners is very clearly contrary to existing regulations do not conform to the principle concept of equality before the law. show the case that the author has described above. luxury facilities obtained by prison corruption inmates like the poor, is not a surprise, because similar cases have been very common throughout indonesia 23fatma ulfatun najicha, ‘oil and natural gas management policy in realizing equal energy in indonesia’, journal of human rights, culture and legal system, 1.2 (2021), 71–79 https://doi.org/10.53955/jhcls.v1i2.8 24mohd rizal palil and ida suriya ismail, ‘social enterprise and taxation policy: a systematic literature review’, bestuur, 9.2 (2021), 135–43 https://doi.org/https://dx.doi.org/10.20961/bestuur.v9i2.55569 25m. jamil, ‘fiduciary security arrangements and issues in indonesia’, journal of human rights, culture and legal system, 1.2 (2021), 109–19 https://doi.org/10.53955/jhcls.v1i2.1 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i2.8 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v9i2.55569 https://doi.org/10.53955/jhcls.v1i2.1 144 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) prisons. the prison is a prime target because the trade in luxury facilities is carried out by former top officials in indonesia who are entangled in corruption cases. the government's efforts in applying the principle of equality before the law against corruption inmates who obtain luxury facilities, namely there has been a ruling in the regulation of the minister of law and human rights of the republic of indonesia no. 35 of 2018. that explains that the revitalization of inmate coaching aims to improve the quality of inmate coaching functions in encouraging behavior change and decreased inmate risk levels. which has inmate coaching program from super maximum security prison, maximum security prison, medium security prison, minimum security prison. unfortunately, this effort has not spawned anything maximal, the regulation has not made the inmates deter to commit crimes, although this concept has been applied in some prisons. a person will not obey the rules, if in him there is no desire to change for the better. the second is the revised plan of law no.12 of 1995 on correctional with the aim of improving the personality quality of inmates, the presence of awareness of inmates to improve themselves and not wanting to repeat the crime. references abdulkareem, mariam, jouni havukainen, jutta nuortila-jokinen, and mika horttanainen, ‘life cycle assessment of a low-height noise barrier for railway traffic noise’, journal of cleaner production, 323 (2021), 129169 https://doi.org/10.1016/j.jclepro.2021.129169 adamovic, tijana, dmitry tarasov, emre demirkaya, mikhail balakshin, and maria josé cocero, ‘a feasibility study on green biorefinery of high lignin content agro-food industry waste through supercritical water treatment’, journal of cleaner production, 323 (2021) https://doi.org/10.1016/j.jclepro.2021.129110 al-fatih, sholahuddin, ‘darus as an anti-corruption education’, asia pacific fraud journal, 3.1 (2018), 117–23 https://doi.org/10.21532/apfj.001.18.03.01.14 ———, ‘model pengujian peraturan perundang-undangan satu atap melalui mahkamah konstitusi’, jurnal ilmiah hukum legality, 25.2 (2018), 247 https://doi.org/10.22219/jihl.v25i2.6005 baranyanan, soeleman djaiz, ‘simplification of law regulations in copyright criminal act settlement’, journal of human rights, culture and legal system, 1.2 (2021), 80–91 https://doi.org/10.53955/jhcls.v1i2.9 boly, amadou, and robert gillanders, ‘anti-corruption policy making, discretionary power and institutional quality: an experimental analysis’, journal of economic behavior and organization, 152 (2018), 314–27 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jclepro.2021.129169 https://doi.org/10.1016/j.jclepro.2021.129110 https://doi.org/10.21532/apfj.001.18.03.01.14 https://doi.org/10.22219/jihl.v25i2.6005 https://doi.org/10.53955/jhcls.v1i2.9 issn 2807-2812 journal of human rights, culture and legal system 145 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) https://doi.org/10.1016/j.jebo.2018.05.007 campos, luciano, and agustín casas, ‘rara avis: latin american populism in the 21st century’, european journal of political economy, 70.october 2020 (2021), 102042 https://doi.org/10.1016/j.ejpoleco.2021.102042 dai, huiping, shuhe wei, irena twardowska, and qing zhang, ‘in search of the exclusion/low-accumulation mechanisms: cadmium uptake and accumulation from soil by cultivated (solanum melongena l.) and wild eggplants (solanum torvum l.)’, journal of cleaner production, 323.september (2021), 129141 https://doi.org/10.1016/j.jclepro.2021.129141 dirhamsyah, d., ‘indonesian legislative framework for coastal resources management: a critical review and recommendation’, ocean and coastal management, 49.1–2 (2006), 68–92 https://doi.org/10.1016/j.ocecoaman.2005.09.001 dove, michael r., and daniel m. kammen, ‘vernacular models of development: an analysis of indonesia under the “new order”’, world development, 29.4 (2001), 619–39 https://doi.org/10.1016/s0305-750x(01)00002-x van gruisen, philippe, and christophe crombez, ‘the commission and the council presidency in the european union: strategic interactions and legislative powers’, european journal of political economy, 70.april (2021), 102040 https://doi.org/10.1016/j.ejpoleco.2021.102040 gründler, klaus, and tommy krieger, ‘using machine learning for measuring democracy: a practitioners guide and a new updated dataset for 186 countries from 1919 to 2019’, european journal of political economy, 70.june 2020 (2021), 102047 https://doi.org/10.1016/j.ejpoleco.2021.102047 gunawan, juniati, paulina permatasari, and carol tilt, ‘sustainable development goal disclosures: do they support responsible consumption and production?’, journal of cleaner production, 246 (2020) https://doi.org/10.1016/j.jclepro.2019.118989 herman, andi akbar, and muhammad jihadul hayat, ‘management of high secondary education after regional government law’, journal of human rights, culture and legal system, 1.2 (2021), 395–96 https://doi.org/10.53955/jhcls.v1i2.11 jamil, m., ‘fiduciary security arrangements and issues in indonesia’, journal of human rights, culture and legal system, 1.2 (2021), 109–19 https://doi.org/10.53955/jhcls.v1i2.1 lähteenmäki-uutela, anu, annika lonkila, suvi huttunen, and nicole grmelová, ‘legal rights of private property owners vs. sustainability transitions?’, journal of cleaner production, 323.september (2021) https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jebo.2018.05.007 https://doi.org/10.1016/j.ejpoleco.2021.102042 https://doi.org/10.1016/j.jclepro.2021.129141 https://doi.org/10.1016/j.ocecoaman.2005.09.001 https://doi.org/10.1016/s0305-750x(01)00002-x https://doi.org/10.1016/j.ejpoleco.2021.102040 https://doi.org/10.1016/j.ejpoleco.2021.102047 https://doi.org/10.1016/j.jclepro.2019.118989 https://doi.org/10.53955/jhcls.v1i2.11 https://doi.org/10.53955/jhcls.v1i2.1 146 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 135-146 moh. iqra syabani korompot, et.al (the principle of equality before the law …) https://doi.org/10.1016/j.jclepro.2021.129179 lechtenberg, fabian, ana somoza-tornos, antonio espuña, and moisès graells, ‘targeting economic and environmental benefits associated with the integration of regeneration units in water systems’, journal of cleaner production, 323 (2021) https://doi.org/10.1016/j.jclepro.2021.129022 licht, amir n., chanan goldschmidt, and shalom h. schwartz, ‘culture rules: the foundations of the rule of law and other norms of governance’, journal of comparative economics, 35.4 (2007), 659–88 https://doi.org/10.1016/j.jce.2007.09.001 m. h. hoeflich, b.a., m.a., j.d., ‘law & geometry: legal science from leibniz to langdell’, american journal of legal history, 30.2 (1986), 95–121 https://doi.org/https://doi.org/10.2307/845705 najicha, fatma ulfatun, ‘oil and natural gas management policy in realizing equal energy in indonesia’, journal of human rights, culture and legal system, 1.2 (2021), 71–79 https://doi.org/10.53955/jhcls.v1i2.8 naqvi, asjad, ‘decoupling trends of emissions across eu regions and the role of environmental policies’, journal of cleaner production, 323.february (2021) https://doi.org/10.1016/j.jclepro.2021.129130 palil, mohd rizal, and ida suriya ismail, ‘social enterprise and taxation policy: a systematic literature review’, bestuur, 9.2 (2021), 135–43 https://doi.org/https://dx.doi.org/10.20961/bestuur.v9i2.55569 ramos-andrés, marta, beatriz aguilera-torre, and juan garcía-serna, ‘biorefinery of discarded carrot juice to produce carotenoids and fermentation products’, journal of cleaner production, 323 (2021) https://doi.org/10.1016/j.jclepro.2021.129139 zhu, yeling, michael chae, jie wang, birendra adhikari, paolo mussone, and david c. bressler, ‘biowaste-based biodegradable flocculants for clean and sustainable tailings management in industrial mining and mineral processing’, journal of cleaner production, 323 (2021), 129195 https://doi.org/10.1016/j.jclepro.2021.129195 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jclepro.2021.129179 https://doi.org/10.1016/j.jclepro.2021.129022 https://doi.org/10.1016/j.jce.2007.09.001 https://doi.org/https:/doi.org/10.2307/845705 https://doi.org/10.53955/jhcls.v1i2.8 https://doi.org/10.1016/j.jclepro.2021.129130 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v9i2.55569 https://doi.org/10.1016/j.jclepro.2021.129139 https://doi.org/10.1016/j.jclepro.2021.129195 journal of human rights, culture and legal system, volume 1, no. 2, 2021 123 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). research article the strength of evidence (certificate) in land rights disputes according to government regulation no. 24 of 1997 concerning land registration gabriella talenta sekotibo 1 1 faculty of law, universitas surabaya, indonesia  gabriellatalenta24@gmail.com abstract the purpose of this study is to provide legal certainty and to resolve disputes over land rights ownership for buyers who are acting in good faith when purchasing and selling inheritance. the research method is normative juridical, employing both a statutory and case-based approach. according to the study's findings, buyers with good intentions receive legal protection in the form of compensation. however, when parties with bad intentions violate article 1267 of the civil code, the legal consequences of buying and selling inherited land are null and void, as they contain elements of fraud, oversight, and ignorance. additional heirs. keeping in mind that the property being traded is inheritance land that already possesses permanent legal standing and cannot be traded without the approval of other heirs. keywords: legal protection; good faith buyers; and inheritance land. introduction land is one of the basic needs for humans, even to death humans still need land. today, human needs for land are increasing. this is because the population is increasing while the land area remains constant.1 land, in a legal sense, is the earth's surface; land rights are limited, twodimensional rights to a specific portion of the earth's surface. with the promulgation of law no. 5 of 1960 on fundamental agrarian principles, abbreviated as uupa. the loga is a watershed moment in the development of indonesia's land provisions, as it regulates various types of land rights. among the various types of land rights, land ownership rights are the most powerful, comprehensive, and hereditary land rights that individuals can have on land, and only property rights are not subject to the state's validity period, in comparison to other land rights.2 in the uupa, a person's land rights are also referred to as land tenure rights. mastery is a term that can be used in a physical sense, a legal sense, as well as in private and public contexts. control in the legal sense is control based on legally protected rights and generally entitles the 1 m.p siahan, bea perolehan hak atas tanah dan bangunan teori dan praktek, raja grafindo persada, jakarta, 2003, p 1 2 redi res, ‘implementation of parate executie object of liability juridical overview of mortgage’, 1.1 (2021), 42–53. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ 124 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). right holder to exercise physical control over land that has not been transferred to another party. there is also juridical control, which gives the authority to control land that has been physically acquired, but the physical control is actually exercised by another party. for example, if someone owns land but does not use it, but leases it to another party, the land is juridical. owned by the landowner but carried out physically by the land tenant there is also juridical control that does not entail physical control of the land in question; for example, creditors (banks) who hold collateral rights over land have juridical control over the land used as collateral (collateral), but physical control remains with the land owner.3 the uupa is a mandate for the implementation of article 33 paragraph (3) of the 1945 constitution of the republic of indonesia (hereinafter referred to as the 1945 constitution), which states that the earth, water, and natural resources contained therein are to be controlled by the state and used for the greatest prosperity of the people, as specified in article 19 of the 1945 constitution. government regulation no. 24 of 1997 implements uupa regulation of land registration. according to government regulation no. 24 of 1997 on land registration, land registration is a series of activities carried out by the government continuously, continuously, and regularly, including the collection, processing, bookkeeping, presentation, and maintenance of physical and juridical data in the form of maps and lists, pertaining to fields, parcels of land, and apartment units. one of the purposes of land registration is to ensure the legal certainty of property rights. landowners can obtain legal certainty regarding their land rights by registering their property. the purpose of legal certainty regarding land rights is to provide legal protection to landowners (who owns it, whether or not it is burdened) and certainty about the object, specifically its location, boundaries, and extent, as well as the presence or absence of buildings and plants on it.4 providing legal certainty in the land sector requires, first and foremost, the availability of comprehensive and clear written legal instruments that are consistently applied in accordance with the provisions' spirit and content. a certificate will be issued by the land office located in each regency/city area for each land right that has been registered; the legal force of the certificate serves as strong evidence that, unless proven otherwise, the physical and juridical data listed in the certificate must be accepted as data. correct to the extent that the data contained in the letter of measurement and the land book are concerned.5 according to civil code articles 1457, 1458, and 1459, the sale and purchase of land is an agreement in which one party agrees to surrender the land and the other party agrees to pay a predetermined price. when both parties reach an agreement, the sale and purchase are deemed to have occurred, even if the land has not been transferred or the price paid. however, even though the sale and purchase are considered to have occurred, the land rights have not yet been transferred to the buyer; therefore, another legal action, specifically in the form of a juridical transfer, is required to transfer the land rights from the seller to the buyer (transfer of name). this legal transfer (name change) aims to strengthen the buyer's rights as the new land owner. a contract, as defined in article 1313 of the civil code, is an act by which one or more people bind themselves to another. a person's agreement with another person or persons results in a legal 3 lego karjoko, zaidah nur rosidah, and i gusti ayu ketut rahmi handayani, ‘refleksi paradigma ilmu pengetahuan bagi pembangunan hukum pengadaan tanah’, bestuur, 7.1 (2019), 1–14 <https://doi.org/10.20961/bestuur.v7i1.42694>. 4 bachtiar effendie, pendaftaran tanah di indonesia dan peraturan-peraturan pelaksanaanya, bandung, 1993, p 5 5 hilaire tegnan, ‘legal pluralism and land administration in west sumatra: the implementation of the regulations of both local and nagari governments on communal land tenure’, journal of legal pluralism and unofficial law, 47.2 (2015), 312–23 <https://doi.org/10.1080/07329113.2015.1072386>. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 125 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). relationship called an engagement, and thus the agreement, in addition to other sources, is the source of the engagement. wirjono prodjodikoro defined an agreement as a legal relationship between two parties concerning property. when one party promises or is deemed to have promised to do or not to do something, and the other party has the right to insist on the fulfillment of the promise.6 a contract must be carried out in good faith; in the civil code, provisions regarding good faith, particularly those pertaining to the implementation of the contract, are found in article 1338 paragraph 3, which states that all contracts must be carried out in good faith. this means that each party enters into an agreement in good faith, which includes a sale and purchase agreement in this case. purchase and sale issues are inextricably linked to people's daily lives, and good faith in purchasing and selling is critical in ensuring that buyers with good intentions receive reasonable legal protection under applicable laws and regulations. the civil case 04/pdt.g/2004/pn.end, in conjunction with the kupang high court decision 74/pdt/2005/ptk, and the supreme court decision 1758 k/pdt/2006, is the primary case involving the case of assets. inheritance, the following timeline summarizes the facts of the case: "lay nie poe and lio keng nyong have nine (nine) children in their marriage, two (two) sons and seven (seven) daughters, namely: cahrles ratu lang (male) defendant; lay fung lang (female) plaintiff 1; lay mei lang (female) plaintiff ii; lay siu kiang (male) plaintiff iii; lay juk lan (female) plaintiff iv; lay fuk lan (female) plaintiff. that the plaintiffs' and defendants' parents died in 1980, and that the plaintiffs' and defendants' father and mother died in 1998. plaintiff and defendant are a 180-square-meter plot of land and a two-story permanent shop house (ruko) on jalan kemakmuran, mbongawani village, south ende district, ende regency. the land is registered in the first child's name, alias the defendant.7 according to the decision in the main case no. 04/pdt.g/2004/pn.end, in conjunction with the kupang high court decision no. 74/pdt/2005/ptk, and in conjunction with the supreme court of the republic of indonesia decision no. 1758 k/pdt/2006, the plaintiffs are the heirs to the subject of the dispute. in the main case no. 04/pdt.g/2004/pn.end, the plaintiff filed an application with the district court seeking implementation of the decision 04/pdt.g/2004/pn.end, and the district court granted the request, issuing decision no. 04/pdt.g/2004/pn.end. on july 24, 2010, the defendant in case 04/pdt.g/pn.end entered into a sale and purchase transaction with notary clemens nggotu, sh using sale and purchase deed number 45/es/jb/ix/2011, and a certificate of ownership number 00043 was issued on behalf of a third party (donny rosandy, st). the sale and purchase of disputed land, as well as the issuance of certificates in the name of donny rosandy, st, occurred following the ende district court decision 04/pdt.g/2004/pn.end, in conjunction with the kupang high court decision 74/pdt/2005/ptk, and the supreme court of the republic of indonesia decision 1758 k/pdt/2006 dated june 22, 2007, which has permanent legal force. then, in the case 04/pdt.g/2004/pn.end, a resistance arose from the defendant's side, in the case against the number 06/pdt.plw/2013/pn.end, as the opponent to fight the litigant parties in the previous case in case 06/pdt.plw/2013/pn.end. the judge determined that the judge was incorrect in rejecting the contestants' resistance and declaring them to be contestants. finally, the pelawan appealed to the kupang high court, whose case number was 26/pdt/2014/ptk with the verdict, namely, the kupang high court judge accepted the appeal 6 r.wirjono prodjodikoro, asas-asas hukum perjanjian, mandar maju, bandung, 2000, p 9. 7 iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, 1.1 (2021), 1–17. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ 126 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). from the pelawan's original appellant, annulling the ende district court's decision number 06/pdt.plw/2013 /pn.end, declaring that the pelawan was the legal owner of the plot of land and all the buildings that stood on it. following the kupang high court judge's appeal decision, the defendant filed a cassation petition with the supreme court, but the supreme court judge decided to deny the cassation petitioner's cassation request.8 method to address the issues raised in this paper, a method of normative juridical legal research using the statutory and case approach was used. supported by primary legal materials in the form of applicable legislation in the form of law no. 5 of 1960 on basic agrarian regulations, government regulation no. 24 of 1997 on land registration, ende district court decision no. 04/pdt.g/2004/pn. end, kupang high court decision no. 74/pdt/2005/ptk, and supreme court decision no. 1758 k/pdt/2006, as well as secondary legal materials. results & discussion definition of good faith according to article 1338 of the civil code, all legally binding agreements are binding on those who enter them and must be carried out in good faith. contract implementation in good faith refers to objective good faith. in good faith, the standard is objective and refers to an objective norm. the provisions relating to good faith refer to unwritten standards that have evolved into legal standards as a distinct source of law. these standards are said to be objective because they are not based on the parties' own assumptions, but rather on general assumptions about good faith.9 subekti defines good faith as someone who, when entering into an agreement with the opposing party that he believes is honest and does not conceal anything negative in the future, will cause future difficulties. therefore, if it is associated with a buyer who has good intentions, a buyer who has good intentions is one who is unaware that he is dealing with someone who is not the owner. when the principle of good faith is violated in an agreement, the subjective and objective conditions for agreement validity as specified in article 1320 of the civil code are not met, and the agreement must be declared non-binding and null and void.10 buying and selling occurs frequently in society, resulting in a variety of complications, most notably in the sale and purchase of land, including the sale and purchase of land belonging to other people, where the seller is not the owner of the land or the seller is in default. in the netherlands, this is referred to as wanprestie, which refers to the failure to perform the obligations set forth in the engagement, which includes both contractual and statutory obligations. defaults are always the result of a contractual relationship. contracts are created as instruments that regulate the legal relationship between private and civil interests, most notably in the context of contract formation. if the interests of individual communities in social life are violated, a conflict between rights and obligations will result. as a result of this method of buying and selling, the buyer who is honest and has good intentions will encounter difficulties in enjoying the goods he 8 syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, 1.1 (2021), 54–70. 9 ridwan khairandy, itikad baik dalam kontrak di berbagai sistem hukum, jakarta, 2017, p 191 10 abdul kadir jaelani and others, ‘the crime of damage after the constitutional court ’ s decision number 76 / puu-xv / 2017’, 1.1 (2021), 31–41. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 127 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). purchases. one way to ascertain the buyer's good faith is to ascertain whether the buyer is aware that the land being purchased belongs to the seller.11 if the buyer truly believes that the seller is not the true owner of the land and thus does not have the right to sell it, the buyer can be said to have good intentions. a buyer with good intentions has the legal right to seek compensation from the seller. indeed, there are views in the literature that divide the concept of good faith into two categories, subjective good faith and objective good faith. a. subjective good faith is a subset of the good faith principle, in which subjective good faith is linked to pre-contractual good faith. when parties negotiate, subjective good faith must exist. subjective good faith is synonymous with honesty (honesty) and is referred to as such because it is predicated on the parties' honesty during the negotiation process. b. good faith with a purpose the term "objective good faith" refers to the process by which the standard or test is adjusted to the objective standard. acting in good faith objectively refers to compliance with what the parties have rationally and properly agreed upon. an examination of the factors considered by judges in determining good faith ownership of land rights this thesis examines how judges decide cases involving the acquisition of land rights in good faith. the purpose of this research is to examine the factors considered by a panel of judges when deciding cases involving the acquisition of land rights in good faith, beginning with the first court level and continuing through the supreme court's review of supreme court decision 1758 k/pdt/2006. he granted the plaintiff's claim in its entirety in his consideration of the main case number 04/pdt.g/2004/pn.end, in conjunction with the kupang high court decision number 74/pdt/2005/ptk, and in conjunction with the supreme court decision number 1758 k/pdt/2006. and establish legally that the heirs, namely the plaintiffs and defendants, have equal rights to the assets inherited by their parents.12 the panel of judges determined that the subject of the dispute, a plot of land and building, is an inheritance from the plaintiffs' parents, as is the distribution of joint rights made before a notary. in comparison to the civil code, the author believes that law no. 5 of 1960 on basic agrarian principles and its implementing regulations, government regulation no. 24 of 1997 on land registration, are appropriate because the panel of judges provides considerations based on evidence and facts revealed in court. among the judge's considerations are the following: 1. in accordance with the decision in case 74/pdt/2005/ptk, the judge of the high court made legal findings based on the documents of evidence submitted by both parties in this case. after a thorough examination by the panel of judges, the high court ruled in favor of the plaintiffs as heirs to the disputed property. the high court judge's comparison of article 164 hir and article 1866 of the civil code to the decision no. 74/pdt/2005/ptk is appropriate, because the high court judge's legal analysis is based on the evidence file from both parties to the case, and the evidence is based on article 164 hir and article 1866 of the civil code, which regulate evidence. 11 arifin ma’ruf, ‘legal aspects of environment in indonesia : an efforts to prevent environmental damage and pollution’, 1.1 (2021), 18–30. 12 iswantoro. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ 128 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). 2. 2. consideration of cassation decision no. 1758 k/pdt/2006 demonstrates that the cassation petitioner's objection cannot be justified, because the judex facti or the panel of judges at the first level, in this case the ende district court, that examined the evidence in the case did not misapply the law regarding the assessment of the results of the evidence that is favorable to the case. the fact cannot be considered in the cassation level examination, as the cassation level examination is limited to violations of the applicable law. based on the foregoing, it appears that the judex facti decision in this case does not contradict the law or the act, and thus the cassation petitioner's cassation application must be denied. when compared to law no. 14 of 1985 concerning the supreme court, law no. 5 of 2004 concerning amendments to law no. 14 of 1985 concerning the supreme court, and law no. 3 of 2009 concerning the second amendment to law no. 14 of 1985 concerning the supreme court article 30 paragraph (1), the supreme court's considerations are appropriate. 3. considerations for judges in the event of resistance 06/pdt.plw/2013/pn.end. rejecting the contestants' complete resistance. − given that the dispute over the object of the dispute was resolved in the ende district court decision 04/pdt.g/2004/pn.end, in conjunction with the kupang high court decision 74/pdt/2005/ptk, and in conjunction with the supreme court decision ri number: 1758 k/pdt/2006 on june 22, 2007, which upheld the first level decision in the appeal decision and by the supreme court state. − consider that, while the disputed object land is stated in the decision number: 04/pdt.g/2004/pn.end to be divided equally between the plaintiffs and defendants, namely 1/9 each, on september 30, 2011, the land and building on it (the subject of the dispute) were sold by the opponent (aka charles ratu mite) to the pelawan pursuant to the sale and purchase deed no. 45/es/jb/ix/20. − given that the opponent's action to sell the object of dispute to the opponent occurs without the consent of the other heirs who both have legal rights to the disputed land and building on it, the panel of judges believes that in this case, the sale of an inheritance that has not been divided must be approved by all heirs, while the sale of a divided inheritance must be approved by all heirs. if this type of sale and purchase continues, it must be declared null and void due to the absence of a lawful reason, which is one of the object requirements for an agreement's validity (article 1320 bw). − given that the sale and purchase deed no. 45/es/jb/ix/2011 lacks legal force, the letters or documents by and on behalf of the pelawan regarding disputed land ownership are not legally enforceable. − taking this into consideration, the panel of judges will then determine whether the defendant is a bona fide purchaser. − given that the process of purchasing and selling disputed land, as well as the issuance of certificates in the name of the pelawan, occurred following the ende district court decision, the panel of judges determined that, at the time of the sale and purchase agreement and the issuance of certificates, the disputed parcels of land were in a state of dispute due to the fact that the disputed land is. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 129 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). − considering that, pursuant to article 39 paragraph (1) f of government regulation no. 24 of 1997 on land registration, a ppat/notary should refuse to execute a deed of sale and purchase if the subject of the sale and purchase is disputed. − consider that, pursuant to the provisions of article 45 paragraph (1) e of government regulation number: 24 of 1997 concerning land registration, the head of the land office of ende regency should refuse to register the transfer of rights from the opponent to the opponent because the registration object is disputed in court. 4. review of appeal decision no. 26/pdt/2014/ptk. the legal considerations based on evidence from both parties which stated that the opponent was an opponent who did not have good intentions, after being studied carefully by the panel of judges of the high court, it turned out that the panel of judges found new things, namely the opponent did not know that the object of the dispute was still in the process in court and grant the petition of the opponent as a buyer in good faith, as well as the owner of a plot of land and buildings standing on it in accordance with the evidence of shm no. 00043. 5. review of cassation decision no. 2701 k/pdt/2014. the objection of the cassation petitioner cannot be justified because the cassation petitioner states that the opponent is a buyer who does not have good intentions and therefore rejects the cassation application and decides that the petitioner is a buyer with good intentions. according to this second case decision, because the buyer is a buyer with good intentions, the buyer may assert his rights against the seller in accordance with the terms of the mutually agreed-upon agreement. if one of the parties fails to perform the obligations set forth in the sale-purchase agreement, the other party may seek compensation under the provisions of article 1267 of the civil code: "the party to whom the agreement is not fulfilled has a choice: he can either force the other party to fulfill the agreement, if that is still possible, or he can demand cancellation of the agreement, along with reimbursement of costs, losses, and interest." thus, the author asserts, the legal owner of the case land is the inheritance land, which cannot be traded without the consent of the other heirs, due to the fact that one of the heirs sold a certificate that is no longer valid, as the certificate was canceled by the court judge. agung no. 1758 k/pdt/2006 and stated that the dispute concerned inheritance. thus, the seller's sale of the disputed item is null and void because it violates the legal requirements of an agreement. the buyer must then seek compensation from the seller. the authority of land certificates as evidence of rights according to article 19 paragraph (2) letter c of the loga, the end of the government's land registration activities is the provision of a certificate of proof of rights, which serves as strong evidence. the uupa makes no reference to the registered land rights certificate's name. only in article 13 paragraph (3) of government regulation no. 10 of 1961 it is stated that the certificate of proof of registered land rights is called a certificate, which is a copy of the land book and measuring document after being sewn together with a cover paper whose shape is determined by the minister of agrarian affairs. in government regulations no. 40 of 1996 and no. 24 of 1997, there are several certificates based on the purpose of land registration, namely: a. ownership certificate. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ 130 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). b. certificate of cultivation rights. c. certificate for state land of hak guna bangunan d. certificate of right to build on managed land. e. a certificate of right of use for state-owned property. f. land use right of management certificate. g. certificate of management rights for land. h. certificate of waqf land. i. flat unit certificates of ownership. j. ownership certificates for non-condominium units. k. certificate of mortgage the loga specifies the nature of proof of certificate as proof of rights in article 19 paragraph (2) letter c. to be specific, a certificate serves as a strong evidence tool, and the physical and juridical data contained in the certificate are presumed to be correct as long as they are not contradicted by other evidence, which may be in the form of a certificate or something else. depending on the nature of this evidence, the party who feels aggrieved by the certificate's issuance may file a lawsuit in court to have the certificate declared invalid. if the court's decision declaring the certificate invalid has permanent legal effect, the head of the national land agency of the republic of indonesia issues a decree canceling the certificate. the nature of a certificate as a proof of rights is defined in article 32 of government regulation no. 24 of 1997, as follows: (1) a certificate is a letter of proof of rights that serves as a strong means of proof in relation to the physical and juridical data contained therein, provided that the physical and juridical data are consistent with the data contained in the letter of measurement. (2) if a land parcel has been legally issued in the name of the person or legal entity that acquired it in good faith and clearly has control over it, the other party who believes he or she has rights to the land may no longer demand the exercise of those rights if the other party does not file a written objection to the certificate within five (five) years of the certificate's issuance. legal protection for good-intentioned buyers buying and selling, as defined in article 1457 of the civil code, entails an agreement. according to article 1320 of the civil code, the conditions for the validity of an agreement are the consent of those who bind themselves, the ability to enter into an engagement, the existence of a specific thing, and a lawful cause. if the conditions relating to the agreement and skills (subjective conditions) are not met, the agreement may be canceled, which means it will remain in effect until a judge makes a decision.13 meanwhile, if the conditions pertaining to a particular matter and a lawful cause (objective conditions) are not met, an agreement is null and void, implying that there is no agreement at all. according to abdulkadir muhamad, buying and selling is a transaction in which the seller transfers ownership of the goods to the buyer in exchange for a specified sum of money. from the foregoing, it can be concluded that what is referred to as buying and selling must satisfy several criteria: a. there is a reciprocal agreement; b. an item is transferred from one party (the seller) to another; and c. the buyer pays a price in exchange for acquiring property rights. 13 muhammad jihadul hayat, ‘historisitas dan tujuan usia minimal perkawinan dalam perundangundangan keluarga muslim indonesia dan negara muslim’, journal equitable, 3.1 (2018), 49–63. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 131 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). according to article 1320 of the civil code, an agreement must satisfy four conditions in order to be valid, namely: 1) agree with those who bind themselves; 2) the capacity to make an agreement; 3) a particular thing; and 4) a lawful cause / cause. the first two conditions pertain to the subject (subjective conditions), whereas the final two conditions pertain to the object's knowledge (objective requirements). a contract with a defect in the subject does not always render the contract null and void on its own, but frequently only allows for cancellation, whereas a contract with a defect in the object is null and void. the civil code's covenant law is based on the principle of consensualism, or agreement. covenant law is based on the principle that it is sufficient to agree to give birth to an agreement, and that the agreement is born at the time or seconds of agreement with the engagement in the agreement. each agreement must be carried out in good faith, as specified in article 1338(3) of the civil code. in indonesia, good faith is regulated by article 1338 paragraph (3) of the civil code, which states that "a contract must be carried out in good faith." because law-abiding purchasers have a right to legal protection, justice, and legal certainty. in addressing this research question, how is legal protection provided for buyers with good intentions (case study: supreme court decision 1758 k/pdt/2006), which states that the object being traded is an inheritance with permanent legal force and may not be sold? purchase it without the consent of the other heirs, the author deduces from the verdict that one of the heirs sells the subject of the dispute to the buyer without the other heirs' consent. the agreement between one of the heirs and the buyer can be concluded to be invalid and null and void. a valid agreement is one that complies with the provisions of article 1320 of the civil code. this is an absolute requirement that must be met in order for an agreement to be considered valid. the first and second conditions are subjective in nature, as they pertain to the parties or subjects to the agreement. if these two conditions are not met, the agreement can be canceled, which means that the agreement remains valid as long as the parties do not cancel it through the courts. the third and fourth conditions, on the other hand, are objective conditions because they pertain to the agreement itself or the subject of the legal action. if the final two conditions are not met, the agreement is null and void, implying that there was never an agreement in the first place. when you enter into an agreement, you must adhere to the agreement's law and not violate the applicable law.14 in light of the legal issues under consideration, the sale and purchase agreement for inheritance land does not comply with the legal requirements for an agreement set forth in article 1320 of the civil code. the buyer in the case at hand is unaware that the land he has purchased is an inherited property with permanent legal force that should not be traded without the consent of other heirs. a sale and purchase agreement must be drafted in good faith, bearing in mind that buying and selling is an agreement between parties to bind themselves to hand over an object to another party. thus, the principle of good faith is critical for avoiding concealed defects in traded goods. as stated in article 1491 of the civil code, "the seller's obligation to the buyer is to ensure two things: first, control of the object being sold safely and peacefully, and second, against 14 isharyanto bahar elfudllatsani and agus riwanto, ‘kajian mengenai kebebasan berkumpul dan berserikat organisasi kemasyarakatan kaitannya dengan teori kedaulatan rakyat dan hak asasi manusia’, jurnal pasca sarjana hukum uns, vii.1 (2019), 52–61. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ 132 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). concealed defects in the goods, or in such a way as to give grounds for cancellation of the purchase." according to this article, the seller's obligation is to safeguard the goods he wishes to sell from harmful disturbances and to explain critical information to the buyer so that, in the event of a dispute over the object of sale and purchase, the buyer is not harmed. not only the seller must have good intentions when selling an item; both parties, specifically the buyer, are also required to act in good faith by inspecting the item for hidden defects prior to making a purchase. as stated in article 1338 paragraph 3, an agreement must be made in good faith by both parties, which means that any sale and purchase agreement made in good faith must adhere to the agreement's substance on the basis of mutual trust. however, if one of the parties is found to have acted in bad faith during the negotiation or implementation of the agreement, the party with good intentions will receive legal protection.15 the land sold to the buyer is not his personal property, but is jointly owned by the other heirs. when the seller claimed that the land was his and then sold it to the buyer, there was a fraud because the seller provided false information that was inconsistent with the actual facts, accompanied by deception. thus, if the seller's manufacture or performance of the agreement is determined to be in bad faith, the party with good intentions, namely the buyer, must obtain legal protection. the author then examines the major issues concerning legal protection for buyers in the case of buying and selling inheritance land using legal protection theory. as previously stated, legal protection can be classified as preventive or repressive. the government provides preventive legal protection prior to the occurrence of a violation specified in a statutory regulation by erecting signs or imposing restrictions on the performance of a legal act. the seller in this case abused his authority by selling inherited land that carries permanent legal force and should not be traded, while the buyer in this case is unaware that the land that he purchased is actually inherited land, necessitating legal protection for the buyer. multiple articles of legislation provide legal protection for buyers with good intentions when purchasing and selling inheritance land, as it clearly contains elements of error and fraud. article 1491 of the civil code provides protection in the form of guarantees, which state that: "the insurance that is the seller's obligation to the buyer is to guarantee two things: first, the safe and secure control of the goods being sold; and second, the existence of hidden defects in the goods, or in such a way as to constitute grounds for canceling the purchase." conclusion the legal protection accorded to the holder of a certificate of title to land in good faith is not applicable to the defendant (suwarjito) as the holder of certificate of title to land no. 2129. as provided for in article 32 of government regulation no. 24/1997, the holder of a certificate of ownership may be granted guarantees and legal protection. who are in control of good intentions, and no other party believes they have the right to challenge these rights. according to article 1471 of the civil code, the sale and purchase agreement is void because the object traded is not the seller's property; therefore, the buyer should vacate and surrender the land voluntarily to the original owner, and seek accountability by requiring the seller to return it through the courts. the amount of money he paid to purchase the land, plus all associated costs, losses, and interest. although the procedure for purchasing and selling land was carried out in accordance 15 yunirman rijan dan ira koesoemawati, cara mudah membuat surat perjanjian/kontrak dan surat penting lainnya, raih asa sukses, jakarta, 2009, p. 8. https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system, volume 1, no. 2, 2021 133 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). with the provisions of article 37 paragraph (1) pp no. 24 of 1997 and was registered with the national land agency prior to ppat, the sale and purchase agreement is void under the provisions of article 1471 of the civil code because the object being traded is not property. references a.p parlindungan, (1999), pendaftaran tanah di indonesia (berdasarkan pp 24 tahun 1997) dilengkapi dengan peraturan jabatan pejabat pembuat akta tanah (pp 37 tahun 1998) : abdulkadir muhammad, hukum perikatan, cetakan ke-3, citra aditya bakti, bandung ___________________, (2010), hukum perjanjian, pt alumni, bandung bahar elfudllatsani, isharyanto, and agus riwanto, ‘kajian mengenai kebebasan berkumpul dan berserikat organisasi kemasyarakatan kaitannya dengan teori kedaulatan rakyat dan hak asasi manusia’, jurnal pasca sarjana hukum uns, vii.1 (2019), 52–61 hayat, muhammad jihadul, ‘historisitas dan tujuan usia minimal perkawinan dalam perundang-undangan keluarga muslim indonesia dan negara muslim’, journal equitable, 3.1 (2018), 49–63 iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, 1.1 (2021), 1–17 jaelani, abdul kadir, universitas sebelas maret, resti dian luthviati, civil registration, study program, and universitas sebelas maret, ‘the crime of damage after the constitutional court ’ s decision number 76 / puu-xv / 2017’, 1.1 (2021), 31–41 karjoko, lego, zaidah nur rosidah, and i gusti ayu ketut rahmi handayani, ‘refleksi paradigma ilmu pengetahuan bagi pembangunan hukum pengadaan tanah’, bestuur, 7.1 (2019), 1–14 <https://doi.org/10.20961/bestuur.v7i1.42694> ma’ruf, arifin, ‘legal aspects of environment in indonesia : an efforts to prevent environmental damage and pollution’, 1.1 (2021), 18–30 res, redi, ‘implementation of parate executie object of liability juridical overview of mortgage’, 1.1 (2021), 42–53 syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, 1.1 (2021), 54–70 tegnan, hilaire, ‘legal pluralism and land administration in west sumatra: the implementation of the regulations of both local and nagari governments on communal land tenure’, journal of legal pluralism and unofficial law, 47.2 (2015), 312–23 <https://doi.org/10.1080/07329113.2015.1072386> bachtiar effendie, (1993), pendaftaran tanah di indonesia dan peraturan-perturan pelaksaanya, bandung budi harsono, (2002), hukum agraria indonesia ( himpunan peraturan-peraturan hukum tanah ), cetakan kelimabelas, edisi revisi : jakarta, djambatan m.p siahan, (2003), bea perolehan hak atas tanah dan bangunan teori dan praktek, jakarta: raja grafindo persada r.wirjonoprodjodikoro, (2000), asas-asas hukum perjanjian, mandar maju, bandung, (selanjutnya disingkat r. wirjonoprodjodikoro i) ridwan khairandy,(2017) itikad baik dalam kontrak di berbagai sistem hukum, jakarta r. subekti, aneka perjanjian, pt. aditya bakti, bandung yunirman rijan dan ira koesoemawati, (2009), cara mudah membuat surat perjanjian/kontrak dan surat penting lainnya, raih asa sukses, jakarta https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ 134 journal of human rights, culture and legal system, volume 1, no. 2, 2021 issn (print) 2807-2979, issn (online) 2807-2812 doi: https://doi.org/10.53955/jhcls.v1i2.12 published by lembaga contrarius indonesia this work is licensed under a creative commons attribution 4.0 international license (cc-by). nomor 04/pdt.g/2004/pn.end jo putusan pengadilan tinggi kupang nomor 74/pdt/2005//ptk, jo putusan mahkamah agung ri nomor 1758 k/pdt/2006 https://issn.lipi.go.id/terbit/detail/20210813101702658 https://issn.lipi.go.id/terbit/detail/20210813331624916 https://doi.org/10.53955/jhcls.v1i2.12 http://creativecommons.org/licenses/by/4.0/ journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 55-65 55 https://doi.org/10.53955/jhcls.v2i1.27 journalhumanrightslegalsystem@gmail.com the strengthening of guardian institutions in nanggroe aceh during the autonomy era muhammad ridwansyaha* asron orsantinutsakulb a faculty of law, universitas sains cut nyak dhien, aceh, indonesia. bal-hidayah waqaf foundation, pattani, thailand. *corresponding author: muhammadridwansyah188@yahoo.com 1. introduction the wali nanggroe aceh institution is a constitutionally recognized gift from the central government to aceh, based on article 18b paragraph (1) and (2) of the 1945 constitution. then, in the agreement between the government of indonesia and the free aceh movement (gam), the consensus of the wali nanggroe aceh institution (lwna) is confirmed in helsinki item 1.7.1: "the nanggroe wali institution will be founded with all its ceremonial instruments and titles”.1 then, in article 96 paragraph (4) of law no. 11 of 2006 concerning the acehnese government, this text is stated: "further provisions institutions regarding candidate requirements, election procedures, election participants, term of office, 1 diego fossati, ‘beyond “good governance”: the multi-level politics of health insurance for the poor in indonesia’, world development, 87 (2016), 291–306 https://doi.org/10.1016/j.worlddev.2016.06.020 a r t i c l e i n f o a b s t r a c t article history received: february 09, 2021 revised: february 23, 2022 accepted: march 03, 2022 the wali nanggroe aceh institution is a unifying institution for the acehnese people. still, under the aceh government law, this institution is not given enough space to carry out aceh's duties and responsibilities. the results of this study are as follows: first, the authority of the aceh wali nanggroe institution is one of the things to unify the acehnese people, but in fact, this authority is not included in the program budget of the aceh wali nanggroe institution because the budgetary control that manages it is the state civil apparatus assigned to the secretariat of the aceh wali nanggroe institution. second, the word non-aceh is no longer relevant because the aceh qanun on the implementation of population administration has explained what is categorized as acehnese. the perspectives of several ethnic groups fully support the existence of wali nanggroe aceh institution, but some people do not agree. third, constitutionally the wali nanggroe aceh institution is protected by the constitution as part of the specialties and privileges of the acehnese people. this is an open-access article under the cc–by 4.0 license. keywords wali nanggroe aceh; autonomy; aceh; https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.27 mailto:journalhumanrightslegalsystem@gmail.com mailto:muhammadridwansyah188@yahoo.com https://doi.org/10.1016/j.worlddev.2016.06.020 https://creativecommons.org/licenses/by/4.0/ 56 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) protocol position, and finances, as well as other provisions concerning wali nanggroe, are regulated by aceh qanun.2 the entrance to lwna in law number 11 of 2006 is given to the aceh qanun. so aceh qanun number 10 of 2019 concerning the second amendment to the aceh qanun number 8 of 2012 was formed regarding the nanggroe wali institution. the process of its formation and after the stipulation of the qanun, a quo continues to attract protests from all non-acehnese ethnic groups (minorities). first, the gayo tribe, which is represented by civil society on behalf of gayo merdeka, clearly rejects the presence of lwna based on very discriminatory institutions, such as appointing malek mahmud al-hayter as the wali of nanggroe aceh. this decision seems to negate the position of traditional leaders from the gayo community. the role of lwna should not only be for the majority. all ethnic groups in aceh have the right to occupy this noble position. on the other hand, historical facts explain that the tribe that first inhabited the aceh region was the gayo tribe. then it was impressed that the presence of lwna only became the interest of a group in aceh.3 second, the alas tribe objected to the condition for becoming a wali nanggroe, specifically that they must be fluent in acehnese. the alas tribe is noted for having four generations of acehnese descendants and above. naturally, the alas people are not fluent in acehnese; the language they use in daily life is alas'. this is as if the qanun a quo diminishes the alas tribe's entity, because throughout aceh's history, the alas tribe has been considered a component of the acehnese country.4 one of the alas figures even threatened that if the alas tribe was not accommodated, they would spread. thirdly, the aceh singkil and subulussalam city community association (hmss) voiced anger with lwna for failing to intervene in the singkil clash riots. the existence of lwna has the potential to obliterate and preserve energy harmony, as well as resolve communal issues in aceh singkil. lwna appears to be a pragmatic political issue.5 the qanun a quo continues to reap contra. the purpose of this research is to reconstruct the perspective of traditional leaders in central aceh, bener meriah, southeast aceh, and aceh singkil in order to understand that the purpose of 2 gerrit j. gonschorek, ‘subnational favoritism in development grant allocations: empirical evidence from decentralized indonesia’, world development, 139 (2021), 105299 https://doi.org/10.1016/j.worlddev.2020.105299 3 bingjie liu-lastres and others, ‘can post-disaster tourism development improve destination livelihoods? a case study of aceh, indonesia’, journal of destination marketing and management, 18.october (2020), 100510 https://doi.org/10.1016/j.jdmm.2020.100510 4 juan david gutiérrez rodríguez, ‘oil revenues, public procurement and armed conflict: a case study of a subnational government in colombia’, extractive industries and society, 7.2 (2020), 686–703 https://doi.org/10.1016/j.exis.2020.03.018 5 ibnu rusydy and others, ‘integration of borehole and vertical electrical sounding data to characterise the sedimentation process and groundwater in krueng aceh basin, indonesia’, groundwater for sustainable development, 10.7 (2020), 100372 https://doi.org/10.1016/j.gsd.2020.100372 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.worlddev.2020.105299 https://doi.org/10.1016/j.jdmm.2020.100510 https://doi.org/10.1016/j.exis.2020.03.018 https://doi.org/10.1016/j.gsd.2020.100372 issn 2807-2812 journal of human rights, culture and legal system 57 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) lwna is to strengthen aceh in terms of customs and institutional dignity within the framework of the constitution 1945.6 the problem is stated as follows: what is the non-acehnese ethnic groups' perspective on strengthening lwna within the framework of the 1945 constitution. 2. research method this is a normative-empirical legal research project since it seeks a holistic perspective from the leaders of the gayo, alas, and singkil tribes in four districts of aceh. the targeted figures are structurally subordinate to the aceh customary district/city council (maa). this research takes a statute-based approach, examining the laws and regulations pertaining to the lwna, maa, uupa, and the 1945 constitution.7 this strategy places a greater emphasis on the research's positive direction and legal principles. second, this study use the historical method to delve into the origins of the lwna notion, aided by maa. additionally, this approach will aim to grasp the history of the development of current laws and regulations, as well as those that are no longer valid, in order to comprehend the reasons for the formation of the norms of a statutory regulation and therefore the legislation's soul.8 thirdly, the sociological law approach is more concerned with the development of the qanun lwna; once the qanun a quo is established, researchers will view social phenomena through the eyes of the gayo, alas, and singkil people in order to understand how lwna should be structured; they will also serve as a unifier of all ethnic elements in aceh.9 3. results and discussion the community's perspective on the establishment of legal norms is both necessary and obligatory. particularly among the ethnic acehnese, who are composed of numerous tribes. article 4 paragraph (2) of aceh qanun number 17 of 2017 concerning the implementation of population administration recognizes and legitimizes these distinct ethnic groups.10 "the acehnese people, as defined in 6 bambang suharnoko sjahrir, krisztina kis-katos, and günther g. schulze, ‘political budget cycles in indonesia at the district level’, economics letters, 120.2 (2013), 342–45 https://doi.org/10.1016/j.econlet.2013.05.007 7 abdul kadir jaelani and resti dian luthviati, ‘the crime of damage after the constitutional court’s decision number 76/puu-xv/2017’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.5 8 iswantoro iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, journal of human rights, culture and legal system, 1.1 (2021), 1–17. https://doi.org/10.53955/jhcls.v1i1.5 9 arifin maruf, ‘legal aspects of environment in indonesia: an efforts to prevent environmental damage and pollution’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.4 10 dhanasree jayaram and marie claire brisbois, ‘aiding or undermining? the military as an emergent actor in global climate governance’, earth system governance, 9 (2021), 100107 https://doi.org/10.1016/j.esg.2021.100107 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.econlet.2013.05.007 https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.53955/jhcls.v1i1.4 https://doi.org/10.1016/j.esg.2021.100107 58 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) paragraph (1), are divided into the following ethnic groups, aceh, alas, gayo, aneuk jame, kluet, simeulue, singkil, and tamiang." this indicates that theoretically the acehnese are distinct from one another; this is perceived as the acehnese people's diversity. on the other hand, public participation in the formulation of aceh qanun number 10 of 2019 concerning the second amendment to aceh qanun number 8 of 2012 concerning the wali nanggroe institution is required.11 while the development of a qanun has conceptually represented the acehnese people through their representatives in the legislature, public input is equally critical to include in the formulation. it should be in drafting aceh qanun number 10 of 2019 concerning the second amendment to aceh qanun number 8 of 2012 concerning the wali nanggroe institution in order to accommodate all groups, as the aceh wali nanggroe institution is essentially a mandate from the helsinki mou and an order from article 96 law number 11 of 2006 concerning the government of aceh.12 from the singkil tribe's perspective, the wali nanggroe aceh institution should be strengthened as follows: following an interview with zakaria, the chair of the aceh-aceh singkil traditional council, mufrin, the aceh-aceh singkil traditional council's deputy chair i, and zakirun pohan, the aceh-aceh singkil traditional council's deputy chair ii. they demonstrate that maa-aceh singkil institutionally supports the existence of the wali nanggroe aceh institution because it is mandated by the helsinki memorandum of understanding.13 additionally, the maa-aceh singkil functionary claimed that the singkil community supports the wali nanggroe aceh institution wholeheartedly, but academics are skeptical due to the lack of supporting information. finally, the field findings indicate that the aceh wali nanggroe institution was mandated as a unifier of the acehnese people in aceh qanun number 9 of 2013 concerning amendments to aceh qanun number 8 of 2012 concerning the aceh wali nanggroe institution, but the aceh singkil conflict incident, the a quo institution, was not included in the series. fight that is calm.14 from the gayo tribe's standpoint, the strengthening of the wali nanggroe aceh institution occurs in two locations, namely maa-central aceh and maa-bener 11 wulan windari and others, ‘analysis of marine debris at alue naga and ulee lheue beaches in banda aceh city using the transect method’, materials today: proceedings, xxxx, 2022 https://doi.org/10.1016/j.matpr.2022.03.236 12 rozana himaz, ‘business recovery in aceh and north sumatra following the indian ocean tsunami’, international journal of disaster risk reduction, 73.february (2022), 102868 https://doi.org/10.1016/j.ijdrr.2022.102868 13 agus nugroho and others, ‘impacts of village fund on post disaster economic recovery in rural aceh indonesia’, international journal of disaster risk reduction, 70.may 2021 (2022), 102768 https://doi.org/10.1016/j.ijdrr.2021.102768 14 aulina adamy and hafnidar a. rani, ‘an evaluation of community satisfaction with the government’s covid-19 pandemic response in aceh, indonesia’, international journal of disaster risk reduction, 69.91 (2022), 102723 https://doi.org/10.1016/j.ijdrr.2021.102723 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.matpr.2022.03.236 https://doi.org/10.1016/j.ijdrr.2022.102868 https://doi.org/10.1016/j.ijdrr.2021.102768 https://doi.org/10.1016/j.ijdrr.2021.102723 issn 2807-2812 journal of human rights, culture and legal system 59 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) meriah: interviews with banta cut aspala, se., mm, chair of the gayo-aceh tengah traditional council, joni, deputy chair i of the central gayo-aceh traditional assembly, and m. thaib, kb, deputy chair ii of the central gayoaceh traditional assembly. while the aceh customary council, both mag-aceh tengah and mag bener meriah, remain institutionally supportive of wali nanggroe aceh, the grassroots of the gayo people do not fully support the institution.15 this is because malek mahmud's appointment as guardian nanggroe aceh is not democratic and is legally defined by the qanun a quo. the figure of malek mahmud then becomes a source of controversy due to the establishment of the wali nanggroe aceh institute, which appears to have began focusing exclusively on the person of malek mahmud, who was created to fill this position. this was established factually when the aceh party group appointed malek mahmud as wali nanggroe aceh ex efficio. according to malek mahmud's 2012-2016 mandate as the 9th wali of nanggroe aceh, it was extended for a second period of 20162023 without regard for the a quo qanun's mandate for the establishment of the election commission for the wali nanggroe aceh.16 additionally, tgk. abdul kasah, as chair of the gayo-bener meriah customary council, emphasized that by including the phrase that the wali nanggroe aceh must speak acehnese in the qanun a quo, it has harmed non-acehnese people, as the gayo language is predicted to emerge first, followed by the acehnese language. then, mag-bener meriah encouraged the wali nanggroe aceh institution to pay attention to, consider, and understand the fact that aceh is not the only tribe in aceh province; the province is home to a variety of tribes, including gayo, alas, singkil, jamee, kluet, and tamiang. finally, mag-bener meriah believes that criticizing the clause of acehnese descent in the qanun a quo should be interpreted and clarified to include all acehnese ethnic groupings. even the gayo people's lower echelons have vowed to invite other minority ethnic groups to secede from aceh. we invite other minority ethnic groups to secede from aceh province if this proposal is not heard and realized.17 systematically in the field that: the wali nanggroe aceh institution in general is adored by the acehnese people, because it shares the same goal, namely the strengthening of acehnese customs in all directions. that the maa-aceh tenggara, maa-aceh singkil, maa-aceh tengah, and maa-bener meriah shall 15 yogi vidyattama, nurina merdikawati, and mohammad zulfan tadjoeddin, ‘aceh tsunami: long-term economic recovery after the disaster’, international journal of disaster risk reduction, 66.september 2020 (2021), 102606 https://doi.org/10.1016/j.ijdrr.2021.102606 16 rosaria indah, ‘valuing subaltern and grieving patients: power issues in doctor-patient interactions in post-disaster aceh, indonesia’, international journal of disaster risk reduction, 61.may (2021), 102326 https://doi.org/10.1016/j.ijdrr.2021.102326 17 indra kesuma nasution, ‘ethnicity, democracy and decentralization: explaining the ethnic political participation of direct election in medan 2010’, procedia environmental sciences, 20 (2014), 496–505 https://doi.org/10.1016/j.proenv.2014.03.062 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijdrr.2021.102606 https://doi.org/10.1016/j.ijdrr.2021.102326 https://doi.org/10.1016/j.proenv.2014.03.062 60 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) subordinate to and obey the wali nanggroe aceh institutions in line with the mandate of the applicable laws and regulations. however, because no stimulus program was given to the maa, the regency maa's leaders continued to condemn the institution.18 in the same time, prior to the signing of the helsinki memorandum of understanding, the wali nanggroe aceh institution was established pursuant to article 1 point 3 of law number 18 of 2001 concerning special autonomy for the province of the special region of aceh as the province of nanggroe aceh darussalam. "wali nanggroe and tuha nanggroe are institutions that serve as a symbol for the preservation of aceh province's traditional way of life, culture, and community solidarity." it was not constituted, however, because aceh was under an emergency state at the time; it should have been established in accordance with the mandate of article 10 paragraph (3) of law number 18 of 2001.19 another study focuses on the establishment of the wali nanggroe aceh institution under the helsinki mou's mandate ""with all the ceremonies and titles, the wali nanggroe institution shall be founded." prase 1.1.7. the agreement between ri and gam was established under to article 96 paragraph (1) of aceh law no. 11 of 2006. "the wali nanggroe institution is the community's customary leadership that is autonomous, authoritative, and empowered to develop and monitor the life of traditional institutions., customs, and the awarding of titles/degrees and other traditional rituals". then, in article 96 paragraph (4) of the a quo legislation, the mechanism for its establishment is controlled again "additionally, the law regulates the requirements for candidates, election procedures, election participants, term of office, protocol position, finances, and other aspects of the wali nanggroe. qanun aceh "' however, in terms of the candidates' needs, the election system was fully circumvented, resulting in judicially procedural conditions being used. indeed, malek mahmud was exofficio as wali nanggroe aceh when he succeeded hasan ditiro as prime minister of the free aceh movement, but the electoral system must be open to all acehnese.20 it is understandable and perceived that the wali nanggroe aceh institution's existence must be preserved since it is a mandate for peace and a manifestation of the acehnese people. nonetheless, the unrest among non-acehnese tribes, such as the gayo, alas, and singkil, became a significant note and paved the way for the 18 farwiza farhan and paul hoebink, ‘can campaigns save forests? critical reflections from the tripa campaign, aceh, indonesia’, forest policy and economics, 105.may (2019), 17–27 https://doi.org/10.1016/j.forpol.2019.04.012 19 umar muksin and others, ‘acehseis project provides insights into the detailed seismicity distribution and relation to fault structures in central aceh, northern sumatra’, journal of asian earth sciences, 171.june 2018 (2019), 20–27 https://doi.org/10.1016/j.jseaes.2018.11.002 20 matthew minarchek, ‘creating environmental subjects: conservation as counter-insurgency in aceh, indonesia, 1925–1940’, political geography, 81.april (2020), 102189 https://doi.org/10.1016/j.polgeo.2020.102189 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.forpol.2019.04.012 https://doi.org/10.1016/j.jseaes.2018.11.002 https://doi.org/10.1016/j.polgeo.2020.102189 issn 2807-2812 journal of human rights, culture and legal system 61 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) eventual establishment of wali nanggroe aceh. however, being the parents of the acehnese people, wali nanggroe aceh must be capable of accommodating all acehnese tribes. otherwise, more battles will erupt in the future, as the wali nanggroe aceh is highly revered by the acehnese.21 the 1945 constitution's article 18b paragraph (1) serves as the reference and foundation for indonesia's unique and special regions. the a quo article establishes a constitutional framework for the interaction between the center and the regions. technically, it is constitutional for the state to recognize and respect distinct or unique regional government units governed by legislation and rules. when a conflict erupted, this constitutional obligation provided an opportunity for the indonesian government and gam to achieve a settlement. this understanding is detailed in a memorandum of understanding signed in finland between the indonesian government and the movement. 1.1.7. "all ceremonies and titles will be incorporated into the wali nanggroe institution."22 then, in article 96 of law no. 11 of 2006 concerning the acehnese government, the phrase 1.1.7. is translated to mean that the wali nanggroe institution is a customary leadership as a unifying community that is autonomous, authoritative, and empowered to foster and supervise institutional life's organization. traditional institutions, customs, and the conferral of titles/degrees, as well as other customary rites. the aceh qanun was then charged with establishing the wali nanggroe institution. following seven years of calm, aceh qanun number 8 of 2012 concerning the wali nanggroe institution was founded amid numerous controversies from the indonesian government.23 the qanun a quo continues to evolve to enhance institutions; such evolution is the aceh qanun number 9 of 2013 on the wali nanggroe institution. the qanun a quo was altered due to the ministry of home affairs deeming some provisions to be incompatible with the central government. one of the contentious provisions in article 117 paragraph (1) of aceh qanun no. 8 of 2012 states: "the tenure of office of wali nanggroe shall be seven (seven) years." article 117 (1) aceh qanun no. 9 of 2013 was revised to read as follows: "the tenure of office of wali nanggroe is five (five) years from the date of inauguration." it is unclear why the 21 gyda m. sindre, ‘from secessionism to regionalism: intra-organizational change and ideological moderation within armed secessionist movements’, political geography, 64 (2018), 23– 32 https://doi.org/10.1016/j.polgeo.2018.02.004 22 john f. mccarthy, ‘using community led development approaches to address vulnerability after disaster: caught in a sad romance’, global environmental change, 27.1 (2014), 144–55 https://doi.org/10.1016/j.gloenvcha.2014.05.004 23 ritesh shah and mieke lopes cardozo, ‘education and social change in post-conflict and post-disaster aceh, indonesia’, international journal of educational development, 38 (2014), 2–12 https://doi.org/10.1016/j.ijedudev.2014.06.005 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.polgeo.2018.02.004 https://doi.org/10.1016/j.gloenvcha.2014.05.004 https://doi.org/10.1016/j.ijedudev.2014.06.005 62 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) ministry of home affairs amended article 117 paragraph (1) of the qanun a quo, allowing the legislature and executive to make amendments.24 because, fundamentally, the wali nanggroe institution should not be compared to other five-year-term political entities. this indicates that traditional leadership acts as a unifier of an autonomous society on an institutional level. the term "traditional leadership" should not be construed as referring to a conventional leader alone because the term "leadership" is defined as the leader of the acehnese people in their field of specialization and privilege and the leader of an acehnese uniting civilization. understandably, the central government's idea of its term of office should not be equated with that of other agencies.25 the wali nanggroe institution is intended to symbolize reconciliation between the indonesian government and gam. this institution provides a new bridge for the government of indonesia because its ideal anatomy provides philosophical, juridical, and sociological considerations for forming the qanun a quo, which has now become aceh qanun number 10 of 2019 concerning the wali nanggroe institution. the government of indonesia should not intervene in the reformulation in aceh qanun number 10 of 2019 because the central government has explained the loga.26 the wali nanggroe institution is a stakeholder for peace in aceh within the 1945 constitution. the institution's content can supervise the entire physical and non-physical development process in aceh. according to the facts outlined above, upon the death of the 8th wali nanggroe aceh, dr. hasan di tiro appointed malek mahmud al-hayter as the 9th wali nanggroe aceh per the qanun a quo. indeed, wali nanggroe aceh will eventually become the epicenter of the acehnese people, as its institutional manifestation will serve as the custodian of aceh's peculiarities and privileges.27 4. conclusion based on the analysis and various discussions above, the conclusions that the institutional perspective of the alas, gayo, and singkil tribes fully supports the existence of the wali nanggroe aceh institution via the gayo-aceh tengah and bener meriah traditional councils, the aceh-central aceh traditional council, and the aceh-aceh singkil traditional council, as mandated by aceh qanun no. 24 ella s. prihatini, ‘women and social media during legislative elections in indonesia’, women’s studies international forum, 83.may (2020), 102417 https://doi.org/10.1016/j.wsif.2020.102417 25 adrianus hendrawan, ward berenschot, and edward aspinall, ‘parties as pay-off seekers: pre-electoral coalitions in a patronage democracy’, electoral studies, 69.december 2020 (2021), 102238 https://doi.org/10.1016/j.electstud.2020.102238 26 nathan w. allen, ‘clientelism and the personal vote in indonesia’, electoral studies, 37 (2015), 73–85 https://doi.org/10.1016/j.electstud.2014.10.005 27 sarah shair-rosenfield, ‘the alternative incumbency effect: electing women legislators in indonesia’, electoral studies, 31.3 (2012), 576–87 https://doi.org/10.1016/j.electstud.2012.05.002 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.wsif.2020.102417 https://doi.org/10.1016/j.electstud.2020.102238 https://doi.org/10.1016/j.electstud.2014.10.005 https://doi.org/10.1016/j.electstud.2012.05.002 issn 2807-2812 journal of human rights, culture and legal system 63 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) 9 of 2013 regarding amendments to aceh the circumstance in which performance is questioned is logical, as the community is fundamentally invested in this institution. this suggests that additional community perspectives will be beneficial in the future for improving the wali nanggroe aceh institution. the constitutional side is vital, as evidenced by article 18b paragraph (1) of the 1945 constitution and law number 11 of 2006 concerning the government of aceh, but what needs to be reformed is aceh qanun number 10 of 2019 concerning the wali nanggroe institution, particularly in terms of budgetary authority. that is, financial and financial resources must be dispersed relatively throughout the institution's program. this means that the agency's colossal authority must be proportionate to the budget's operational costs references adamy, aulina, and hafnidar a. rani, ‘an evaluation of community satisfaction with the government’s covid-19 pandemic response in aceh, indonesia’, international journal of disaster risk reduction, 69.91 (2022), 102723 https://doi.org/10.1016/j.ijdrr.2021.102723 allen, nathan w., ‘clientelism and the personal vote in indonesia’, electoral studies, 37 (2015), 73–85 https://doi.org/10.1016/j.electstud.2014.10.005 farhan, farwiza, and paul hoebink, ‘can campaigns save forests? critical reflections from the tripa campaign, aceh, indonesia’, forest policy and economics, 105.may (2019), 17–27 https://doi.org/10.1016/j.forpol.2019.04.012 fossati, diego, ‘beyond “good governance”: the multi-level politics of health insurance for the poor in indonesia’, world development, 87 (2016), 291–306 https://doi.org/10.1016/j.worlddev.2016.06.020 gonschorek, gerrit j., ‘subnational favoritism in development grant allocations: empirical evidence from decentralized indonesia’, world development, 139 (2021), 105299 https://doi.org/10.1016/j.worlddev.2020.105299 gutiérrez rodríguez, juan david, ‘oil revenues, public procurement and armed conflict: a case study of a subnational government in colombia’, extractive industries and society, 7.2 (2020), 686–703 https://doi.org/10.1016/j.exis.2020.03.018 hendrawan, adrianus, ward berenschot, and edward aspinall, ‘parties as pay-off seekers: pre-electoral coalitions in a patronage democracy’, electoral studies, 69.december 2020 (2021), 102238 https://doi.org/10.1016/j.electstud.2020.102238 himaz, rozana, ‘business recovery in aceh and north sumatra following the indian ocean tsunami’, international journal of disaster risk reduction, 73.february (2022), 102868 https://doi.org/10.1016/j.ijdrr.2022.102868 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijdrr.2021.102723 https://doi.org/10.1016/j.electstud.2014.10.005 https://doi.org/10.1016/j.forpol.2019.04.012 https://doi.org/10.1016/j.worlddev.2016.06.020 https://doi.org/10.1016/j.worlddev.2020.105299 https://doi.org/10.1016/j.exis.2020.03.018 https://doi.org/10.1016/j.electstud.2020.102238 https://doi.org/10.1016/j.ijdrr.2022.102868 64 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) indah, rosaria, ‘valuing subaltern and grieving patients: power issues in doctorpatient interactions in post-disaster aceh, indonesia’, international journal of disaster risk reduction, 61.may (2021), 102326 https://doi.org/10.1016/j.ijdrr.2021.102326 iswantoro, iswantoro, ‘strategy and management of dispute resolution , land conflicts at the land office of sleman regency’, journal of human rights, culture and legal system, 1.1 (2021), 1–17https://doi.org/10.53955/jhcls.v1i1.5 jaelani, abdul kadir, and resti dian luthviati, ‘the crime of damage after the constitutional court’s decision number 76/puu-xv/2017’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.5 jayaram, dhanasree, and marie claire brisbois, ‘aiding or undermining? the military as an emergent actor in global climate governance’, earth system governance, 9 (2021), 100107 https://doi.org/10.1016/j.esg.2021.100107 liu-lastres, bingjie, dini mariska, xiaoyuan tan, and tianyu ying, ‘can postdisaster tourism development improve destination livelihoods? a case study of aceh, indonesia’, journal of destination marketing and management, 18.october (2020), 100510 https://doi.org/10.1016/j.jdmm.2020.100510 maruf, arifin, ‘legal aspects of environment in indonesia: an efforts to prevent environmental damage and pollution’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.4 mccarthy, john f., ‘using community led development approaches to address vulnerability after disaster: caught in a sad romance’, global environmental change, 27.1 (2014), 144–55 https://doi.org/10.1016/j.gloenvcha.2014.05.004 minarchek, matthew, ‘creating environmental subjects: conservation as counterinsurgency in aceh, indonesia, 1925–1940’, political geography, 81.april (2020), 102189 https://doi.org/10.1016/j.polgeo.2020.102189 muksin, umar, klaus bauer, muzli muzli, trond ryberg, irwandi nurdin, masturiyono masturiyono, and others, ‘acehseis project provides insights into the detailed seismicity distribution and relation to fault structures in central aceh, northern sumatra’, journal of asian earth sciences, 171.june 2018 (2019), 20–27 https://doi.org/10.1016/j.jseaes.2018.11.002 nasution, indra kesuma, ‘ethnicity, democracy and decentralization: explaining the ethnic political participation of direct election in medan 2010’, procedia environmental sciences, 20 (2014), 496–505 https://doi.org/10.1016/j.proenv.2014.03.062 nugroho, agus, fajri, rizki muhammad iqbal, keumala fadhiela, dwi apriyani, litna nurjannah ginting, and others, ‘impacts of village fund on post https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijdrr.2021.102326 https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.1016/j.esg.2021.100107 https://doi.org/10.1016/j.jdmm.2020.100510 https://doi.org/10.53955/jhcls.v1i1.4 https://doi.org/10.1016/j.gloenvcha.2014.05.004 https://doi.org/10.1016/j.polgeo.2020.102189 https://doi.org/10.1016/j.jseaes.2018.11.002 https://doi.org/10.1016/j.proenv.2014.03.062 issn 2807-2812 journal of human rights, culture and legal system 65 vol. 2, no. 1, march 2022, pp. 55-65 muhammad ridwansyah, et.al (the strengthening of guardian…) disaster economic recovery in rural aceh indonesia’, international journal of disaster risk reduction, 70.may 2021 (2022), 102768 https://doi.org/10.1016/j.ijdrr.2021.102768 prihatini, ella s., ‘women and social media during legislative elections in indonesia’, women’s studies international forum, 83.may (2020), 102417 https://doi.org/10.1016/j.wsif.2020.102417 rusydy, ibnu, ikhlas, bambang setiawan, muzakkir zainal, syafrizal idris, khairil basyar, and others, ‘integration of borehole and vertical electrical sounding data to characterise the sedimentation process and groundwater in krueng aceh basin, indonesia’, groundwater for sustainable development, 10.7 (2020), 100372 https://doi.org/10.1016/j.gsd.2020.100372 shah, ritesh, and mieke lopes cardozo, ‘education and social change in postconflict and post-disaster aceh, indonesia’, international journal of educational development, 38 (2014), 2–12 https://doi.org/10.1016/j.ijedudev.2014.06.005 shair-rosenfield, sarah, ‘the alternative incumbency effect: electing women legislators in indonesia’, electoral studies, 31.3 (2012), 576–87 https://doi.org/10.1016/j.electstud.2012.05.002 sindre, gyda m., ‘from secessionism to regionalism: intra-organizational change and ideological moderation within armed secessionist movements’, political geography, 64 (2018), 23–32 https://doi.org/10.1016/j.polgeo.2018.02.004 sjahrir, bambang suharnoko, krisztina kis-katos, and günther g. schulze, ‘political budget cycles in indonesia at the district level’, economics letters, 120.2 (2013), 342–45 https://doi.org/10.1016/j.econlet.2013.05.007 vidyattama, yogi, nurina merdikawati, and mohammad zulfan tadjoeddin, ‘aceh tsunami: long-term economic recovery after the disaster’, international journal of disaster risk reduction, 66.september 2020 (2021), 102606 https://doi.org/10.1016/j.ijdrr.2021.102606 windari, wulan, saiful saiful, asri gani, and mahidin, ‘analysis of marine debris at alue naga and ulee lheue beaches in banda aceh city using the transect method’, materials today: proceedings, xxxx, 2022 https://doi.org/10.1016/j.matpr.2022.03.236 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijdrr.2021.102768 https://doi.org/10.1016/j.wsif.2020.102417 https://doi.org/10.1016/j.gsd.2020.100372 https://doi.org/10.1016/j.ijedudev.2014.06.005 https://doi.org/10.1016/j.electstud.2012.05.002 https://doi.org/10.1016/j.polgeo.2018.02.004 https://doi.org/10.1016/j.econlet.2013.05.007 https://doi.org/10.1016/j.ijdrr.2021.102606 https://doi.org/10.1016/j.matpr.2022.03.236 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 113-120 113 https://doi.org/10.53955/jhcls.v2i2.32 journalhumanrightslegalsystem@gmail.com legal protection against cryptocurrency investors: overview of indonesian consumer protection law safina callistamalva arindrajayaa* aduta bangsa university surakarta, indonesia. *corresponding author: callistamalvaa@gmail.com 1. introduction information and communication technology are essential to a nation's development. the development of information and communication technology has spread across the archipelago. information and communication technology has altered the lives of people in indonesia, where everything is beginning to be digitized. the field of business transactions is one of the aspects of the lives of people in indonesia that has been digitized.1 through the use of cyberspace, the process of exchanging money can be conducted similarly to conventional business transactions. the use of virtual currencies is an element of digitalized business 1 mykola inshyn, leonid mohilevskyi, and oleksii drozd, ‘the issue of cryptocurrency legal regulation in ukraine and all over the world: a comparative analysis’, baltic journal of economic studies, 4.1 (2018), 169–74 https://doi.org/10.30525/2256-0742/2018-4-1-169-174 a r t i c l e i n f o a b s t r a c t article history received: february 25, 2022 revised: july 23, 2022 accepted: july 30, 2022 information and communication technology advancements has spawned numerous innovations, including cryptocurrency. cryptocurrency is a currency that only exists in indonesia as a digital asset. the volatile and uncontrollable value of cryptocurrencies causes investors to suffer losses. this study aims to determine the legal protection of cryptocurrency investors in indonesia under consumer protection law. this study employs a descriptive qualitative methodology with a normative approach through legislation. according to the findings of this study, the consumer protection act provides legal protection for cryptocurrency investors by regulating the rights and responsibilities of consumers and business actors. this is an open-access article under the cc–by 4.0 license. keywords legal protection; cryptocurrency; consumer protection law; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:callistamalvaa@gmail.com https://doi.org/10.30525/2256-0742/2018-4-1-169-174 https://creativecommons.org/licenses/by/4.0/ 114 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 113-120 safina callistamalva arindrajaya et.al, (legal protection against cryptocurrency…) transactions.2 currently, the most well-known virtual currency is cryptocurrency. cryptocurrency is a digital currency that can be employed in commercial transactions. it can be said that cryptocurrency is an evolving account of the emergence of currencies. using cryptographic technology, all cryptocurrency data transactions are encrypted using specific cryptographic algorithms. cryptocurrency is distinct from digital currency. the cryptocurrency network is completely peer-to-peer and decentralized, with no central authority or third party. using a blockchain-based system, all transactions will be recorded. bitcoin, ethereum, ripple, altcoins, litecoins, dash, dogecoin, nxt, etc., are well-known cryptocurrencies among the general public.3 essentially, cryptocurrency can be used as a payment method, similar to currency in general, and it can be a digital asset commonly referred to as a crypto asset or crypto asset. according to several bank indonesia regulations, including pbi number 11/12/pbi/2009 concerning electronic money, which stipulates that electronic money in indonesia must use the rupiah currency, indonesia prohibits the use of cryptocurrencies as a payment method. in addition, according to pbi number 17/3/pbi/2015, the rupiah can be used as a means of payment in indonesia. in indonesia, cryptocurrency can still be utilized as a digital asset.4 by issuing minister of trade regulation number 99 of 2018 concerning general policy for the implementation of crypto asset futures trading, the indonesian ministry of trade acknowledges cryptocurrency as a commodity that can be used as a futures exchange object (crypto assets). currently, there is a massive increase in the number of investors in cryptocurrencies in indonesia. within a year, between 2020 and 2021, it increased to 138%. by releasing cryptocurrencies, indonesian artists have also enlivened the existence of cryptocurrency investment in indonesia. anang hermansyah with asix tokens and wirda mansyur with icoins are among these artists. this lucrative investment in cryptocurrencies is exploited by irresponsible parties. under the guise of cryptocurrency investment, electronic fraud crimes arose due to the existence of cryptocurrencies.5 2 jean-françois hennart, ‘digitalized service multinationals and international business theory’, journal of international business studies, 50.8 (2019), 1388–1400 https://doi.org/10.1057/s41267-01900256-2 3 doc arsov, ‘periodic table of cryptocurrencies: blockchain categorization’, available at ssrn 3095169, 2017 https://doi.org/10.2139/ssrn.3095169 4 m todd henderson and max raskin, ‘a regulatory classification of digital assets: toward an operational howey test for cryptocurrencies, icos, and other digital assets’, colum. bus. l. rev., 2019, 443 https://doi.org/10.7916/cblr.v2019i2.3423 5 lars kaiser, ‘seasonality in cryptocurrencies’, finance research letters, 31 (2019) https://doi.org/10.1016/j.frl.2018.11.007 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1057/s41267-019-00256-2 https://doi.org/10.1057/s41267-019-00256-2 https://doi.org/10.2139/ssrn.3095169 https://doi.org/10.7916/cblr.v2019i2.3423 https://doi.org/10.1016/j.frl.2018.11.007 issn 2807-2812 journal of human rights, culture and legal system 115 vol. 2, no. 2, july 2022, pp. 113-120 safina callistamalva arindrajaya et.al, (legal protection against cryptocurrency…) image 1.the cryptocurrency fraud case with the biggest losses (2021) source: yahoo finance on databoks by katadata according to the image above, there is an electronic fraud disguised as a cryptocurrency investment.6 the image above depicts a case of electronic fraud disguised as a cryptocurrency investment that resulted in the largest losses in the history of the world. bitconnect is the largest cryptocurrency fraud with a total loss of $3.5 billion. in addition, pincoin, acchain, savedroid, and plexcoin have substantial total losses. therefore, the indonesian government, through the ministry of trade, enacted a number of cryptocurrency-related regulations. the regulation of the minister of trade no. 99 of 2018 on the general policy for the implementation of crypto asset futures trading is one of these regulations. the regulation describes crypto as a commodity that can be the subject of futures exchange contracts. however, cryptocurrency is an uncontrollable commodity. this creates the potential for crypto investors to incur losses. as some of them are engaged in a transaction, the legal relationship between buyers and sellers of cryptocurrency assets can be characterized as one between consumers and business actors. legal certainty should exist for all consumers to receive consumer protection.7 as some of them are engaged in a transaction, the legal relationship between buyers and sellers of cryptocurrency assets can be characterized as one between consumers and business actors. legal certainty should exist for all consumers to receive consumer protection. as some of them are engaged in a transaction, the legal relationship between buyers and sellers of cryptocurrency assets can be characterized as one between consumers and business actors. legal certainty should exist for all consumers to receive consumer 6 daniel dupuis, deborah smith, and kimberly gleason, ‘old frauds with a new sauce: digital assets and space transition’, journal of financial crime, 2021 https://doi.org/10.1108/jfc-11-20210242 7 jakob søren hedegaard and stefan wrbka, ‘the notion of consumer under eu legislation and eu case law: between the poles of legal certainty and flexibility’, in legal certainty in a contemporary context (springer, 2016), pp. 69–88 https://doi.org/10.1007/978-981-10-0114-7_5 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1108/jfc-11-2021-0242 https://doi.org/10.1108/jfc-11-2021-0242 https://doi.org/10.1007/978-981-10-0114-7_5 116 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 113-120 safina callistamalva arindrajaya et.al, (legal protection against cryptocurrency…) protection. based on the above explanation, the focus of the discussion in this research is the legal protection of cryptocurrency investors in indonesia in terms of law number 8 of 1999 concerning consumer protection. 2. research method a research method is a procedure or strategy for discovering the truth through a series of systematic steps. the research method describes the author's intended methodology.8 this research utilizes qualitative methods. the qualitative content of qualitative research focuses on quality and emphasizes meaning. this research is descriptive in nature. descriptive research describes a variable, symptom, or circumstance as they are. this type of descriptive research is intended to describe an object and provide the most accurate information possible. this research uses a normative approach through legislation as its methodology. examining laws and regulations pertaining to legal issues, namely legal protection for cryptocurrency investors, in order to obtain a legal argument that can answer the question of how this method is implemented. this study's sources include both primary and secondary legal sources. consumer protection law no. 8 of 1999 is the primary legal source utilized in this study. the secondary legal sources utilized for this research include books, journals, and other information pertaining to the legal protection of cryptocurrency investors. 3. results and discussion currently, the indonesian government is actively soliciting investment. investment activities are regarded as one of the primary drivers of national economic expansion. cryptocurrency is a business trend whose users use it as an investment vehicle. by exchanging rupiah for cryptocurrencies, cryptocurrency users and investors speculate on price fluctuations.9 crypto is classified as a commodity by the indonesian government because its value fluctuates and it cannot be regulated. investors in cryptocurrencies can be positioned as consumers and sellers of cryptocurrencies as business actors.10 the volatile nature of cryptocurrencies, which cannot be controlled and exist solely in cyberspace, exposes crypto investors to a number of risks, including: first, hacking, which is a crime that intentionally and without rights accesses the internet and/or electronic 8 abdul kadir jaelani, resti dian luthviati, and muhammad jihadul hayat, ‘permits for the transfer of agricultural land functions to non-agriculture in the land purchasing and sale process’, in international conference on environmental and energy policy (iceep 2021) (atlantis press, 2021), pp. 216–19 https://doi.org/10.2991/assehr.k.211014.046 9 masithoh masithoh and ahmad imam hambali, ‘virtual money exchange (cryptocurrency) with real money (rupiah) based on sharia economic law perspective’, international journal of social service and research (ijssr), 2.6 (2022), 518–25 https://doi.org/10.46799/ijssr.v2i6.122 10 george bouchagiar, ‘initial coin offering and cryptocurrencies: shifting trust away from human actors and toward a cryptographic system’, journal of financial risk management, 7.04 (2018), 386 https://doi.org/10.4236/jfrm.2018.74022 https://www.jhcls.org/index.php/jhcls https://doi.org/10.2991/assehr.k.211014.046 https://doi.org/10.46799/ijssr.v2i6.122 https://doi.org/10.4236/jfrm.2018.74022 issn 2807-2812 journal of human rights, culture and legal system 117 vol. 2, no. 2, july 2022, pp. 113-120 safina callistamalva arindrajaya et.al, (legal protection against cryptocurrency…) systems without the permission of the owner in any way by violating, breaking through, or breaking into the security system. second, cracking is an act of changing, adding, reducing, transmitting, destroying, deleting, transferring, or hiding information or electronic documents belonging to the victim. third, spoofing is an act of manipulating, altering, and destroying electronic documents with the aim that these electronic documents can be considered as if they are authentic data. online fraud, is a series of deceptive acts that mislead and result in consumer losses in an electronic transaction. drastic losses and the volatile and uncontrollable nature of cryptocurrencies can make investors suffer drastic losses when the value of crypto plummets. risk a personal loss was sustained by the investor. the potential risk borne by cryptocurrency investors demonstrates that their position is weak.11 the relationship between crypto investors and crypto businesses is governed by law. a legal relationship (rechtbetrekkingen) is a relationship between two or more legal subjects that gives rise to rights and responsibilities between the parties.12 article 2 of law no. 8 of the republic of indonesia pertaining to consumer protection states: "consumer protection is based on benefits, justice, balance, consumer safety and security, and legal certainty." consumer protection principles can be described as follows: (1) the principle of benefit, namely the provision of consumer protection, is advantageous to the interests of both consumers and business actors; (2) the principle of justice, which entails maximizing and providing benefits to consumers and business actors in order for them to obtain their rights and fulfill their obligations fairly; (3) the principle of balance, namely providing a balance between the material and immaterial interests of consumers, business actors, and the government; (4) he principle of consumer security and safety, namely the provision of security and safety guarantees to consumers when consuming and/or utilizing goods and/or services; and (5) the principle of legal certainty, which entails ensuring justice for consumers and business actors. on the basis of the elaboration of these principles, it is clear that the state provides guarantees to consumers who use, utilize, and consume consumer goods and services.13 similarly, investors as consumers and sellers of crypto assets as business actors are guaranteed and protected by the state with regard to cryptocurrencies. the state, through its government, has the authority to enact 11 philip w s newall and leonardo weiss-cohen, ‘the gamblification of investing: how a new generation of investors is being born to lose’, international journal of environmental research and public health, 19.9 (2022), 5391 https://doi.org/10.3390/ijerph19095391 12 lutfillah lutfillah, dawairoh dawairoh, and syamsul fatoni, ‘legal relationship and rights fulfillment of salt pond workers/laborers in sumenep regency’, veteran justice journal, 3.1 (2021), 67–78 https://doi.org/10.33005/vjj.v3i1.53 13 abhijit biswas and others, ‘consumer evaluation of low price guarantees: the moderating role of reference price and store image’, journal of consumer psychology, 12.2 (2002), 107–18 https://doi.org/10.1207/s15327663jcp1202_04 https://www.jhcls.org/index.php/jhcls https://doi.org/10.3390/ijerph19095391 https://doi.org/10.33005/vjj.v3i1.53 https://doi.org/10.1207/s15327663jcp1202_04 118 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 113-120 safina callistamalva arindrajaya et.al, (legal protection against cryptocurrency…) enduring laws and regulations following the dynamics of the times in order to provide security, comfort, peace, and justice in a fair manner, as well as legal certainty for cryptocurrency investors. in addition, the implementation of the rights and obligations of consumers and business actors, as outlined in articles 4– 7 of law no. 8 of 1999 of the republic of indonesia on consumer protection, can also be carried out as a preventative measure for investors' legal protection.14 these articles outline the following rights and responsibilities as consumers and business actors. consumer rights are: (a) the right to comfort, security, and safety in consuming goods and/or services; (b) the right to choose goods and/or services and to obtain such goods and/or services in accordance with the exchange rate and the promised conditions and guarantees; (c) the right to correct, clear and honest information regarding the conditions and guarantees of goods and/or services; (d) the right to have their opinions and complaints heard on the goods and/or services used; (e) the right to obtain proper advocacy, protection, and efforts to resolve consumer protection disputes; (f) the right to receive consumer guidance and education; (g) the right to be treated or served correctly and honestly and not discriminatory; (h) the right to obtain compensation, compensation and/or replacement, if the goods and/or services received are not in accordance with the agreement or not properly; and (i)rights regulated in the provisions of other laws and regulations. instead of customer rights, there are consumer obligations: (a) read or follow information instructions and procedures for the use or utilization of goods and/or services, for security and safety; (b) have good faith in making transactions for the purchase of goods and/or services; (c) pay according to the agreed exchange rate; and (d) follow the efforts to settle consumer protection disputes properly.15 business actors' rights can be summarized into five: (a) the right to receive payments following the agreement regarding the conditions and exchange rates of traded goods and/or services; (b) the right to obtain legal protection from consumer actions with bad intentions; (c) the right to carry out proper self-defense in the legal settlement of consumer disputes; (d) the right to rehabilitate reputation if it is legally proven that consumer losses are not caused by goods and/or services traded; and (e) rights regulated in the provisions of other laws and regulations. obligations of business actors are: (a) have good intentions in carrying out their business activities; (b) provide correct, clear, and honest information regarding the condition and guarantee of goods and/or services as well as provide an explanation of the use, repair, and maintenance; (c) treat or serve consumers 14 iwan p manung, budi santoso, and joko setiono, ‘online buying and buying regulation based on law number 8 year 1999 concerning consumer protection and law number 19 year 2016 regarding amendment to law number 11 year 2008 concerning electronic information and transactions’, available at ssrn 4225322, 2022 https://doi.org/10.2139/ssrn.4225322 15 lego karjoko and others, ‘the urgency of restorative justice on medical dispute resolution in indonesia’, al-ihkam: jurnal hukum & pranata sosial, 16.2 (2021), 362–92 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://www.jhcls.org/index.php/jhcls https://doi.org/10.2139/ssrn.4225322 https://doi.org/10.19105/al-lhkam.v16i2.5314 issn 2807-2812 journal of human rights, culture and legal system 119 vol. 2, no. 2, july 2022, pp. 113-120 safina callistamalva arindrajaya et.al, (legal protection against cryptocurrency…) correctly and honestly and non-discriminatory; (d) guarantee the quality of goods and/or services produced and/or traded based on the provisions of the applicable quality standards of goods and/or services; (e) provide opportunities for consumers to test, and/or try certain goods and/or services as well as provide guarantees and/or guarantees for goods manufactured and/or traded; (d) provide compensation, compensation and/or compensation for losses resulting from the use, use and utilization of traded goods and/or services; (e) provide compensation, compensation and/or replacement if the goods and/or services received or utilized are not under the agreement. by adhering to the rights and responsibilities of consumers and business actors, it is possible to reduce the risks associated with cryptocurrency investments.16 in addition, the consumer protection law of the republic of indonesia no. 8 of 1999 regulates non-governmental organizations (ngos) as described in article 44 paragraphs (2) and (3) of the law of the republic of indonesia number 8 of 1999 concerning consumer protection. according to these articles, non-governmental consumer protection institutions are responsible for assisting consumers in fighting for their rights, including receiving consumer complaints. if cryptocurrency investors feel disadvantaged, they can file consumer protection complaints with non-governmental organizations. the existence of nongovernmental consumer protection organizations is also consumer protection for cryptocurrency investors.17 4. conclusion it has become a business trend for its users to invest in cryptocurrencies. the ministry of trade, through the commodity futures trading regulatory agency, is responsible for regulating cryptocurrency as a commodity asset (bappebti). investors are positioned as consumers, whereas crypto asset sellers are positioned as business actors. the relationship between consumers and business actors is governed by consumer protection law no. 8 of 1999. the consumer protection act provides legal protection for cryptocurrency investors by regulating the rights and responsibilities of consumers and business actors. in addition, the consumer protection act regulates non-governmental organizations in an effort to provide cryptocurrency investors with legal protection. 16rian saputra and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state: the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022) https://doi.org/10.53955/jhcls.v2i1.21 17don wells, ‘too weak for the job: corporate codes of conduct, non-governmental organizations and the regulation of international labour standards’, global social policy, 7.1 (2007), 51–74 https://doi.org/10.1177/1468018107073911 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.21 https://doi.org/10.1177/1468018107073911 120 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 113-120 safina callistamalva arindrajaya et.al, (legal protection against cryptocurrency…) references arsov, doc, ‘periodic table of cryptocurrencies: blockchain categorization’, available at ssrn 3095169, 2017. https://doi.org/10.2139/ssrn.3095169 biswas, abhijit, chris pullig, mehmet i yagci, and dwane h dean, ‘consumer evaluation of low price guarantees: the moderating role of reference price and store image’, journal of consumer psychology, 12.2 (2002), 107–18. https://doi.org/10.1207/s15327663jcp1202_04 bouchagiar, george, ‘initial coin offering and cryptocurrencies: shifting trust away from human actors and toward a cryptographic system’, journal of financial risk management, 7.04 (2018), 386. https://doi.org/10.4236/jfrm.2018.74022 dupuis, daniel, deborah smith, and kimberly gleason, ‘old frauds with a new sauce: digital assets and space transition’, journal of financial crime, 2021. https://doi.org/10.1108/jfc-11-2021-0242 hedegaard, jakob søren, and stefan wrbka, ‘the notion of consumer under eu legislation and eu case law: between the poles of legal certainty and flexibility’, in legal certainty in a contemporary context (springer, 2016), pp. 69–88. https://doi.org/10.1007/978-981-10-0114-7_5 henderson, m todd, and max raskin, ‘a regulatory classification of digital assets: toward an operational howey test for cryptocurrencies, icos, and other digital assets’, colum. bus. l. rev., 2019, 443. https://doi.org/10.7916/cblr.v2019i2.3423 hennart, jean-françois, ‘digitalized service multinationals and international business theory’, journal of international business studies, 50.8 (2019), 1388– 1400. https://doi.org/10.1057/s41267-019-00256-2 inshyn, mykola, leonid mohilevskyi, and oleksii drozd, ‘the issue of cryptocurrency legal regulation in ukraine and all over the world: a comparative analysis’, baltic journal of economic studies, 4.1 (2018), 169–74. https://doi.org/10.30525/2256-0742/2018-4-1-169-174 jaelani, abdul kadir, resti dian luthviati, and muhammad jihadul hayat, ‘permits for the transfer of agricultural land functions to non-agriculture in the land purchasing and sale process’, in international conference on environmental and energy policy (iceep 2021) (atlantis press, 2021), pp. 216– 19. https://doi.org/10.2991/assehr.k.211014.046 kaiser, lars, ‘seasonality in cryptocurrencies’, finance research letters, 31 (2019). https://doi.org/10.1016/j.frl.2018.11.007 karjoko, lego, i gusti ayu ketut rachmi handayani, abdul kadir jaelani, jaco barkhuizen, and muhammad jihadul hayat, ‘the urgency of restorative justice on medical dispute resolution in indonesia’, al-ihkam: jurnal hukum & pranata sosial, 16.2 (2021), 362–92. https://doi.org/10.19105/allhkam.v16i2.5314 https://www.jhcls.org/index.php/jhcls https://doi.org/10.2139/ssrn.3095169 https://doi.org/10.1207/s15327663jcp1202_04 https://doi.org/10.4236/jfrm.2018.74022 https://doi.org/10.1108/jfc-11-2021-0242 https://doi.org/10.1007/978-981-10-0114-7_5 https://doi.org/10.7916/cblr.v2019i2.3423 https://doi.org/10.1057/s41267-019-00256-2 https://doi.org/10.30525/2256-0742/2018-4-1-169-174 https://doi.org/10.2991/assehr.k.211014.046 https://doi.org/10.1016/j.frl.2018.11.007 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.19105/al-lhkam.v16i2.5314 issn 2807-2812 journal of human rights, culture and legal system 121 vol. 2, no. 2, july 2022, pp. 113-120 safina callistamalva arindrajaya et.al, (legal protection against cryptocurrency…) lutfillah, lutfillah, dawairoh dawairoh, and syamsul fatoni, ‘legal relationship and rights fulfillment of salt pond workers/laborers in sumenep regency’, veteran justice journal, 3.1 (2021), 67–78. https://doi.org/10.33005/vjj.v3i1.53 manung, iwan p, budi santoso, and joko setiono, ‘online buying and buying regulation based on law number 8 year 1999 concerning consumer protection and law number 19 year 2016 regarding amendment to law number 11 year 2008 concerning electronic information and transactions’, available at ssrn 4225322, 2022. https://doi.org/10.2139/ssrn.4225322 masithoh, masithoh, and ahmad imam hambali, ‘virtual money exchange (cryptocurrency) with real money (rupiah) based on sharia economic law perspective’, international journal of social service and research (ijssr), 2.6 (2022), 518–25. https://doi.org/10.46799/ijssr.v2i6.122 newall, philip w s, and leonardo weiss-cohen, ‘the gamblification of investing: how a new generation of investors is being born to lose’, international journal of environmental research and public health, 19.9 (2022), 5391. https://doi.org/10.3390/ijerph19095391 saputra, rian, and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state: the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022). https://doi.org/10.53955/jhcls.v2i1.21 wells, don, ‘too weak for the job: corporate codes of conduct, nongovernmental organizations and the regulation of international labour standards’, global social policy, 7.1 (2007), 51–74. https://doi.org/10.1177/1468018107073911 https://www.jhcls.org/index.php/jhcls https://doi.org/10.33005/vjj.v3i1.53 https://doi.org/10.2139/ssrn.4225322 https://doi.org/10.46799/ijssr.v2i6.122 https://doi.org/10.3390/ijerph19095391 https://doi.org/10.53955/jhcls.v2i1.21 https://doi.org/10.1177/1468018107073911 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 1-13 1 https://doi.org/10.53955/jhcls.v2i1.21 journalhumanrightslegalsystem@gmail.com indonesia as legal welfare state: the policy of indonesian national economic law rian saputraa* silaas oghenemaro emovwodob a faculty of law, universitas sebelas maret, surakarta, indonesia bfaculty of art and social science, universiti brunei darussalam *corresponding author: rian7010@gmail.com 1. introduction international law is frequently controlled by the interests of industrialized countries in the context of economic regulation. international financial accords incorporate a greater number of the norms accepted by industrialized countries. even developed-country corporate actors benefit significantly from international accords negotiated between developedand developing-country governments.1 developing countries frequently contend that international law is a creation of developed countries in the west. this argument is predicated on the fact that 1khudzaifah dimyati and others, ‘indonesia as a legal welfare state: a prophetictranscendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 a r t i c l e i n f o a b s t r a c t article history received: december 21, 2021 revised: february 22, 2022 accepted: march 02, 2022 the purpose of this study is to ascertain the relationship between investment law and state sovereignty, and then to construct national investment law politics in the future in order to advance economic development and retain independence. this research is normative by taking a statutory approach and a conceptual approach. the study's findings indicate that investment is critical for economic growth and job creation. governments throughout the world are aggressively competing to improve the business climate and so encourage investment activities, but this competition should be controlled and emphasize domestic capital, as it signals to indonesian state leaders that investment is a priority. while the contribution of foreign funds or foreign aid is not denied in developing indonesia's declining economy, it must first rely on domestic capabilities as a source of development funds to ensure that the existence of foreign sources of funds does not result in dependence on foreign parties and that foreign heads of funds are used for the benefit of the people's economy. this is an open-access article under the cc–by 4.0 license. keywords policy; economic law; welfare; https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.21 mailto:journalhumanrightslegalsystem@gmail.com mailto:rian7010@gmail.com https://doi.org/10.1016/j.heliyon.2021.e07865 https://creativecommons.org/licenses/by/4.0/ 2 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) international law was historically the law that applied between european countries.2 as a result, it's unsurprising that international law is so preoccupied with what's happening in europe (euro-centric). they are the ones who define the structure and operation of international law. antonio cassese, an international law scholar, states in his book 'international law in a divided world' that western countries view international law differently from developing countries.3 western countries, as a result of their legal traditions, have a high regard for international law and treat it as a rule to be followed in international dealings. taking this view as a starting point, the conclusion is that it is natural for them (rich countries) to disclose conformity with the law and to comply with legal requirements that have been crafted effectively to reflect and safeguard their interests.4 international law applies in instances of economic conflict between developing and developed countries. to safeguard their financial interests, industrialized countries desire that international law remain unaltered. they frequently uphold what is already established in international law (status quo). while developing countries are reformists, they desire significant reforms to international law in order for it to really reflect the values shared by the bulk of the world's population.5 on the basis of the foregoing, it is plausible to conclude that it is a political instrument used by wealthy countries to influence underdeveloped countries under international law. international treaties are drafted in such a way that they imply a duty on the part of participating countries to incorporate their terms into domestic law. thus, the federal legislation of the land must reflect, not contradict, existing international agreements.6 for example, developed countries utilize international law to discriminate against developing countries for two reasons. the first is to become involved in 2maedeh nasrollahi and others, ‘identification and prioritization of connected vehicle technologies for sustainable development in iran’, technology in society, 68.november 2021 (2022), 101829 https://doi.org/10.1016/j.techsoc.2021.101829 3setyo widi nugroho, ivan pradhana, and kevin gunawan, ‘new adaptation of neurosurgical practice and residency programs during the covid-19 pandemic and their effects on neurosurgery resident satisfaction and welfare at the national general hospital, jakarta, indonesia’, heliyon, 7.8 (2021), e07757 https://doi.org/10.1016/j.heliyon.2021.e07757 4andré s. afonso and others, ‘public support for conservation may decay with increasing residence time in suboptimal marine protected areas’, marine policy, 108.january (2019), 103665 https://doi.org/10.1016/j.marpol.2019.103665 5moh iqra, syabani korompot, and al-fatih david, ‘the principle of equality before the law in indonesian corruption case : is it relevant ?’, journal of human rights, culture and legal system, 1.3 (2021), 135–46. https://doi.org/10.53955/jhcls.v1i3.13 6ahmet aytekin and others, ‘global innovation efficiency assessment of eu member and candidate countries via dea-eatwios multi-criteria methodology’, technology in society, 68.november 2021 (2022) https://doi.org/10.1016/j.techsoc.2022.101896 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.techsoc.2021.101829 https://doi.org/10.1016/j.heliyon.2021.e07757 https://doi.org/10.1016/j.marpol.2019.103665 https://doi.org/10.53955/jhcls.v1i3.13 https://doi.org/10.1016/j.techsoc.2022.101896 issn 2807-2812 journal of human rights, culture and legal system 3 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) developing countries domestic policies.7 second of all, to compel developing countries to adopt policies consistent with those of affluent countries. developed countries frequently use international agreements to intervene in underdeveloped countries' internal affairs. the intervention cannot be divorced from the country's national interest. the majority of industrialized countries, particularly western nations, enshrine their interests in international law.8 developed countries intervene in developing countries in the ways outlined above and cannot be deemed a breach of international law. this is because a government's participation in an international agreement implies that the country has purposefully burdened itself with the need to comply with the international agreement's provisions.9 one of the obligations is to transpose international law provisions into national law. as a result, rich countries have the authority to compel developing countries to adopt policies, rules, and regulations that benefit them, particularly where there is an element of dependency. even if compliance with the demands is motivated by impotence, this cannot be regarded a breach of international law.10 for example, when the international monetary fund (imf) required indonesia to reform its bankruptcy law and enact an anti-monopoly law, indonesia made little progress. similarly, the asian development bank (adb) is prepared to make grants to indonesia if the anti-money laundering law is adopted. it cannot be denied that "the issue of neoliberalism entered indonesia along with the question of globalization. following the collapse of the new order, the problem of neoliberalism began to flow more freely in tandem with the arrival of foreign financial institutions such as the imf and the world bank into indonesia. this is consistent with lampros vassiliou's statement. vassiliou stated that when the imf agreed to support indonesia following the 1997 asian financial crisis, the deal included a requirement for indonesia to modify the law.11 the imf's participation in revising bankruptcy legislation has not been without controversy. however, organisations such as the imf have recognized their 7arif purnama oktora and hilaire tegnan, ‘strategy for implementing operations to handle the crime of narcotics’, journal of human rights, culture and legal system, 1.3 (2021), 201–13 https://doi.org/10.53955/jhcls.v1i3.18 8resti dian and suviwat jenvitchuwong, ‘implementation of halal product assurance in the pharmaceutical sector in indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 164–79 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.19 9julián d. cortés, mireia guix, and katerina bohle carbonell, ‘innovation for sustainability in the global south: bibliometric findings from management & business and stem (science, technology, engineering and mathematics) fields in developing countries’, heliyon, 7.8 (2021) https://doi.org/10.1016/j.heliyon.2021.e07809 10sonia santoveña-casal and ma dolores fernández pérez, ‘relevance of e-participation in the state health campaign in spain: #estonoesunjuego / #thisisnotagame’, technology in society, 68 (2022) https://doi.org/10.1016/j.techsoc.2022.101877 11angela smith and others, ‘public acceptance of the use of drones for logistics: the state of play and moving towards more informed debate’, technology in society, 68.november 2021 (2022), 101883 https://doi.org/10.1016/j.techsoc.2022.101883 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i3.18 https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.19 https://doi.org/10.1016/j.heliyon.2021.e07809 https://doi.org/10.1016/j.techsoc.2022.101877 https://doi.org/10.1016/j.techsoc.2022.101883 4 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) considerable influence in swaying public opinion and behavior in their desired direction. according to kukuh fadli prasetyo, the issue of neoliberalism and globalization in the national economy may be seen in numerous indicators, including deregulation and market rules, privatization, and elimination of the concept of public goods and decreased public spending. the deregulation and market rules, it refers to the situation in which indonesia remained mostly immobile when the international monetary fund (imf) required indonesia to change the bankruptcy law and develop an anti-monopoly law.12 similarly, the asian development bank (adb) is prepared to make grants to indonesia if the anti-money laundering law is adopted". when seen through the lens of the "investment and investment" sector, for example, law number 25 of 2007 on investment (hence referred to as the investment law) incorporates the principle of non-discrimination in the indonesian investment and investment law's products. the ongoing discussion in indonesia over the significance of tougher investment management regulation dates back 40 years (1967-2007). however, there are still disagreements over the renewal of the investment law, as the reform is perceived to be strangling the nation's economy through control and extraction of natural resources.13 the reason for repealing law no. 1 of 1967 on foreign investment (uupma) and law no. 5 of 1968 on domestic investment (uupmdn) in favor of the capital market law, which is related with indonesia as a wto member, is that domestic capital is no longer discriminated against. with foreign currency since the wto agreement was ratified by law no. 7 of 1994 on wto ratification. however, it cannot be denied that economic development requires legal infrastructure and institutions to ensure that national economic progress occurs as planned. at the moment, rice has been transformed into porridge, and indonesia's investment law has been revised to reflect the country's ratification of the wto agreement.14 the influence which is extremely substantial is the rule regulating foreign investment in the banking sector, which is permitted, for example, in the indonesian banking business, where foreigners can acquire up to 99 percent of commercial banks. the financial sector's restrictions have been tightened to the level of a law, notably law no. 7/1992 on banking. the government regulation no. 29/1999 on the purchase of commercial bank shares, which is a derivative of 12devi triasari, ‘right to sanitation : case study of indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 147–63 https://doi.org/10.53955/jhcls.v1i3.20 13ratih dyah kusumastuti and others, ‘analyzing the factors that influence the seeking and sharing of information on the smart city digital platform: empirical evidence from indonesia’, technology in society, 68 (2022), 101876 https://doi.org/10.1016/j.techsoc.2022.101876 14shochrul rohmatul ajija, arivia fikratuz zakia, and rudi purwono, ‘the impact of opening the export promotion agencies on indonesia’s non-oil and gas exports’, heliyon, 7.8 (2021), e07756 https://doi.org/10.1016/j.heliyon.2021.e07756 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i3.20 https://doi.org/10.1016/j.techsoc.2022.101876 https://doi.org/10.1016/j.heliyon.2021.e07756 issn 2807-2812 journal of human rights, culture and legal system 5 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) the banking law no. 7/1992, provides that foreign companies may own up to 99 percent of commercial banks' shares.15 the investment law, which contains forty articles, does not regulate the limits of foreign investment in indonesian economic law, as demonstrated by the gojek company, which is registered under the name pt. the karya anak bangsa, tbk application is the pride of the nation's children, whose development is known to be driven by nadiem makarim. outside investors possess a majority of the corporation. nadiem personally owns 4.81 percent of the company. with reference to the author's views and arguments, this paper will discuss the relationship between investment law and indonesia's sovereignty as a country, as well as how the politics of national investment law will evolve in the future in order to develop economics while preserving the indonesian state's sovereignty. 2. research method this research is normative legal research. this research uses legal research approaches, the statute approach, the case approach, and the conceptual approach. the data collection technique used in this study was a document study.16 this study uses the method of analyzing legal materials with deductive logic. according to peter mahmud marzuki, who quoted philipus m. hadjon's opinion explaining the deduction method as the syllogism taught by aristotle, the use of the deduction method stems from the submission of the central premise (general statement) then putting forward the premise minor (unique nature) of the two premises and then draw a conclusion or conclusion.17 3. results and discussion 3.1. economic law & state sovereignty relations applying gatt/wto principles in a country as a result of economic globalization is not a neutral process. not only does globalization eliminate national borders as a result of advancements in communication and information technology, but it also promotes the ideas and principles of capitalism and free markets throughout the world. globalization is a continuation of colonialism and developmentalism—the movement of european countries several centuries ago to the region of asian-african countries. the distinction is that colonization uses 15taufik mohammad, nur atikah mohamed hussin, and mohd heikal husin, ‘online safety awareness and human factors: an application of the theory of human ecology’, technology in society, 68.november 2021 (2022), 101823 https://doi.org/10.1016/j.techsoc.2021.101823 16ray hilborn and others, ‘pramod et al. methods to estimate iuu are not credible’, marine policy, 108.august (2019), 103632 https://doi.org/10.1016/j.marpol.2019.103632 17utkarsh k mishra and abhishek negi, ‘should trade remedies be eliminated from wto : a response to tania voon’, journal of human rights, culture and legal system, 1.3 (2021), 194–200. https://doi.org/10.53955/jhcls.v1i3.17 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.techsoc.2021.101823 https://doi.org/10.1016/j.marpol.2019.103632 https://doi.org/10.53955/jhcls.v1i3.17 6 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) armed might to occupy a country's land (military). globalization is the invasion of a country's territory by foreign goods/services or labor products.18 the existence of "two opposing opinions from these economists on the existence of foreign direct investment (fdi) in a country was taken into account by indonesian state officials when they enacted the country's first foreign investment law in 1967 during the country's economic development. at the time, the cornerstone for indonesia's economic development was laid forth in article 10 of mprs decree xxiii/mprs/1966 on the renewal of economic finance and development policy (tap mprs 1966).19 the tap mprs 1966 demonstrates to indonesian state policymakers that foreign investment or foreign aid cannot be denied their role in reviving the country's deteriorating economy, but must first rely on the desk's potential capacity as a source of development funds. foreign funding does not imply reliance on foreign parties. these foreign sources of funding must be exploited to advance the people's economic interests. the spirit of the tap mprs 1966 appears to imply the indonesian people's independence to pursue economic growth and the indonesian state's sovereignty as a country, which must be maintained in terms of the flow of cash from abroad to the indonesian state. additionally, it "does not necessitate the renunciation of state sovereignty in the name of economic development or the economic interests of the populace in growing the country through economic development. as sunarya hartono remarked, the 1966 tap mprs should serve as a reference point for the government at the time in determining its economic policies, particularly in the area of foreign investment. tap mprs 1966 "lays the legal groundwork for the establishment of investment restrictions in indonesia, specifically the foreign investment law" (in the future referred to as uu pma).20 the domestic investment law (hence referred to as the domestic investment law) was promulgated, regulating investment in indonesia's economic development that is funded by domestic capital. the presence of the uu pma and uu pmdn are the new order's economic policies aimed at reviving the indonesian economy, which had deteriorated during the old order's transition to the new order. one of the impediments to long-term economic development is a lack of investment. the uu pma and uu pmdn and their amendments were repealed because they were 'deemed' unsuitable for advancing economic 18monica v. biondo and rainer p. burki, ‘monitoring the trade in marine ornamental fishes through the european trade control and expert system traces: challenges and possibilities’, marine policy, 108.january (2019), 103620 https://doi.org/10.1016/j.marpol.2019.103620 19suchat tungjitnob, kitsuchart pasupa, and boontawee suntisrivaraporn, ‘identifying sme customers from click feedback on mobile banking apps: supervised and semi-supervised approaches’, heliyon, 7.8 (2021), e07761 https://doi.org/10.1016/j.heliyon.2021.e07761 20ikram ullah khan, ‘how does culture influence digital banking? a comparative study based on the unified model’, technology in society, 68.november 2021 (2022), 101822 https://doi.org/10.1016/j.techsoc.2021.101822 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.marpol.2019.103620 https://doi.org/10.1016/j.heliyon.2021.e07761 https://doi.org/10.1016/j.techsoc.2021.101822 issn 2807-2812 journal of human rights, culture and legal system 7 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) development and building national laws, particularly in the investment sector. capital is no longer differentiated between foreign and domestic capital under the investment law change. this has ramifications for the treatment of foreign and domestic investors equally. economic actors in indonesia include bumn/bumd, the private sector, and cooperatives as domestic investors. private business groups might include large, medium, small, and micro-businesses.21 the investment liberalization protects fully international investors or multinational corporations and limits the host country government's ability to manage the flow of foreign capital to a minimum. on the one hand, liberalization or globalization of international commerce and foreign investment can help indonesian products gain access to the global market if more components of products with multinational company-owned patents can be manufactured in indonesia. on the other hand, the question emerges as to whether indonesia can function as an actor in a global economy dominated by multinational corporations." this will create a slew of complications due to the conflicting interests of global corporations investing in indonesia and the development of the indonesian national economy.22 the multinational corporations (in the future referred to as mncs), we are referring to businesses that operate on a global scale. mncs are not a new phenomenon. mncs operated in emerging countries while they were still colonies. one of the issues that arises as a result of the existence of mncs is developing countries' anxiety about the dominant power of mncs, which can jeopardize their sovereignty and existence. for instance, mncs frequently 'compel' developing countries to enact laws and regulations that benefit them. to accomplish this purpose, mncs are not afraid to threaten to relocate their operations. even multinational corporations can sway their home governments, as well as international agencies, to take action against developing country governments that are unfavorable to them.23 additionally, mncs can petition their government to advocate on their behalf in international venues. among them is the negotiation of international treaties. at least three types of international agreements exist to safeguard the interests of mncs. the first international accords seek to safeguard multinational corporations against unilateral acts by local governments. on the other side, indonesia must enact legislation or provisions that facilitate international 21qiang ma and others, ‘the nexus between digital economy and carbon dioxide emissions in china: the moderating role of investments in research and development’, technology in society, 68.november 2021 (2022), 101910 https://doi.org/10.1016/j.techsoc.2022.101910 22n. seeteram and others, ‘reconciling economic impacts and stakeholder perception: a management challenge in florida gulf coast fisheries’, marine policy, 108.august (2019), 103628 https://doi.org/10.1016/j.marpol.2019.103628 23baolong yuan and xueyun cao, ‘do corporate social responsibility practices contribute to green innovation? the mediating role of green dynamic capability’, technology in society, 68.january (2022), 101868 https://doi.org/10.1016/j.techsoc.2022.101868 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.techsoc.2022.101910 https://doi.org/10.1016/j.marpol.2019.103628 https://doi.org/10.1016/j.techsoc.2022.101868 8 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) corporations' investment in the country. on the other hand, the regulations must not contradict article 33 of the 1945 constitution or pancasila, which establishes indonesia's economic basis. implementing the wto agreement's liberalization principles in indonesia's rules and regulations governing economic development, as outlined in the investment law, is inconsistent with the spirit of pancasila and the 1945 constitution.24 on the one hand, "indonesia's economic development is directed at achieving social justice for all indonesians as a means of implementing pancasila's tenets and the 1945 constitution." on the other side, syamsul hadi believes that the investment law has various provisions that trump the interests of the indonesian people, such as foreigners' rights to long-term land ownership and assurances of the freedom to transfer assets to desired parties. syamsul hadi's opinion of the investment law's clauses is "contrary to pancasila's and the 1945 constitution's objectives of achieving social justice for all indonesians. apart from economic and legal interests, which are also contradictory, two additional interests exist, the interests of multinational corporations that invest and the interests of the indonesian state that is responsible for economic development.25 foreign investment in developing countries has a number of benefits (benefits) and drawbacks (negative impact). foreign investment supports developing countries by bridging the "savings-investment divide and bringing in extra resources such as technology, management expertise, and access to export goods markets. on the other hand, foreign investment has a detrimental effect on political, cultural, and economic fields, including interference in domestic affairs, cultural change, technological dependence, marginalized domestic capital, marginalized domination in industry and local products, tax relief, environmental protection, and stability. 3.2. the policy of indonesian national economic law based on people's welfare economic actors, individuals, and businesses engage in continual economic activity in order to benefit. the notion of indonesian law in economic operations aims to build a just and prosperous society based on pancasila, the pancasila family economy, and the populist economy to protect the people's interests. as such, economic law must be revised in response to society's evolution. reform of the legal system is described as the process of drafting legislation in response to societal changes. and this legal reform is accomplished by legal development, which encompasses the substantive, structural, and cultural aspects of the law. 24dimyati and others. 25norah basheer alotaibi and muaadh mukred, ‘factors affecting the cyber violence behavior among saudi youth and its relation with the suiciding: a descriptive study on university students in riyadh city of ksa’, technology in society, 68.january (2022), 101863 https://doi.org/10.1016/j.techsoc.2022.101863 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.techsoc.2022.101863 issn 2807-2812 journal of human rights, culture and legal system 9 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) permitted development is based on legal politics with well-defined aims and goals.26 the welfare state" refers to an ideal model of development that emphasizes welfare enhancement through a stronger state role in delivering universal and comprehensive social services to its population. additionally, the welfare state can be defined as "a state that ensures that all persons get an equitable distribution of the fundamental resources necessary to sustain a certain level of living. the welfare state's primary objectives are as follows, controlling and utilizing socioeconomic resources for the public good, cnsuring a just and equitable distribution of wealth, reducing poverty, croviding social insurance (education and health) for the poor, subsidizing basic social services for disadvantaged people and providing social protection for all citizens.27 in indonesia, welfare refers to the notion of social welfare development, which is a series of planned and institutionalized activities aiming at raising the standard and quality of human existence. the term "welfare" in the context of national development refers to all policies and initiatives implemented by the government, business community, and civil society with the goal of resolving social problems and meeting human needs through economic growth. in this instance, "the welfare state notion places a premium on social welfare and economic prosperity, which james midgley refers to as anti-ethical states.28 economic development focuses on capital accumulation and profit growth, whereas social welfare focuses on compassion, social rights, and asset redistribution. economic growth is accomplished through the accumulation of wealth and the enhancement of the quality and standard of living. to realize and improve welfare, acceleration, improvement, and economic growth must be carried out in accordance with the state constitution, which mandates that national economic development must be based on democratic principles capable of achieving indonesian realization. economic development based on democratic principles reflects the concept of a people's economy, as defined in article 33 of the 1945 constitution, which serves as the normative conceptual underpinning for a people's economic system.29 economic development is critical for human welfare. as a result, in order to improve welfare, indonesia need sustained income growth, which may be achieved by increasing labor input, capital input, and economic productivity." the 26z. da ros and others, ‘the deep sea: the new frontier for ecological restoration’, marine policy, 108.august (2019) https://doi.org/10.1016/j.marpol.2019.103642 27w. c. mullié, ‘apparent reduction of illegal trawler fishing effort in ghana’s inshore exclusive zone 2012–2018 as revealed by publicly available ais data’, marine policy, 108.february (2019), 103623 https://doi.org/10.1016/j.marpol.2019.103623 28christian borch, ‘machine learning, knowledge risk, and principal-agent problems in automated trading’, technology in society, 68.january (2022), 101852 https://doi.org/10.1016/j.techsoc.2021.101852 29dennis kipkorir and others, ‘properties of waste-distilled engine oil and biodiesel ternary blends’, heliyon, 7.8 (2021), e07858 https://doi.org/10.1016/j.heliyon.2021.e07858 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.marpol.2019.103642 https://doi.org/10.1016/j.marpol.2019.103623 https://doi.org/10.1016/j.techsoc.2021.101852 https://doi.org/10.1016/j.heliyon.2021.e07858 10 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) increasing share and extension of factor utilization, as well as productivity gains, occur within the business as a means of capital accumulation. increases in capital stock, which are nothing more than investment, are a necessary component of income growth. the investment must be considered as part of the implementation of the national economy and made in an effort to boost national economic growth, create jobs, and promote sustainable economic development, as well as to boost national technological capacity and capability, encourage people's economic development, and promote community welfare in an economy. competitive.30 indeed, it cannot be argued that investment is critical for economic growth and job creation. governments worldwide are currently engaged in a competitive effort to improve the business climate and so encourage investment. whether we are aware of it or not, both foreign and local investment contribute to economic progress. however, in this section, the author will criticize the foreign investment section. the 1966 mprs decree, the author demonstrates to indonesian state policymakers that while foreign investment or foreign aid cannot be denied, their contribution to developing indonesia's economy is declining. nonetheless, it must first rely on domestic resources as a source of development financing.31 the limitations on foreign investment or investment in indonesia, such as allowing foreign capital to own up to 99 percent of the national banking system; of course, this is extremely concerning because it creates opportunities for foreign capital dependence and can also erode the national economy. the gains will ultimately accrue to foreigners, rather than to the indonesian people. naturally, nationalism campaigners would interpret this as foreigners gaining control of the national financial system, especially considering that foreign-owned banks control almost 40% of national banking assets. it should be mentioned that banking institutions play a vital influence. banking institutions account for more than 80% of the national financial system in indonesia. thus, the future indonesian investment law politics will be about prioritizing domestic investment, as specified in the tap mprs 1966, followed by the necessity of imposing restrictions on foreign money entering indonesia. 4. conclusion investment plays a critical role in stimulating the economy and job growth. governments throughout the world are actively competing to improve the business climate to encourage investment, but this effort must be limited and prioritize domestic capital, as the 1966 mprs decree demonstrates to indonesian state policymakers that while foreign investment or foreign aid will continue to 30hans liwång, ‘defense development: the role of co-creation in filling the gap between policy-makers and technology development’, technology in society, 68.january (2022), 101913 https://doi.org/10.1016/j.techsoc.2022.101913 31md rayhan chowdhury and others, ‘stomatal development and genetic expression in arabidopsis thaliana l.’, heliyon, 7.8 (2021), e07889 https://doi.org/10.1016/j.heliyon.2021.e07889 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.techsoc.2022.101913 https://doi.org/10.1016/j.heliyon.2021.e07889 issn 2807-2812 journal of human rights, culture and legal system 11 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) play a role in developing indonesia's economy, it must first rely on the domes' potential capacity as a source of development. then, in this framework, restrictions on foreign investment or investment in indonesia must also be imposed. references afonso, andré s., leonardo l. fidelis, pedro l. roque, renato galindo, wanderson dionisio, leonardo b. veras, and others, ‘public support for conservation may decay with increasing residence time in suboptimal marine protected areas’, marine policy, 108.january (2019), 103665 https://doi.org/10.1016/j.marpol.2019.103665 ajija, shochrul rohmatul, arivia fikratuz zakia, and rudi purwono, ‘the impact of opening the export promotion agencies on indonesia’s non-oil and gas exports’, heliyon, 7.8 (2021), e07756 https://doi.org/10.1016/j.heliyon.2021.e07756 alotaibi, norah basheer, and muaadh mukred, ‘factors affecting the cyber violence behavior among saudi youth and its relation with the suiciding: a descriptive study on university students in riyadh city of ksa’, technology in society, 68.january (2022), 101863 https://doi.org/10.1016/j.techsoc.2022.101863 aytekin, ahmet, fatih ecer, selçuk korucuk, and çağlar karamaşa, ‘global innovation efficiency assessment of eu member and candidate countries via dea-eatwios multi-criteria methodology’, technology in society, 68.november 2021 (2022) https://doi.org/10.1016/j.techsoc.2022.101896 biondo, monica v., and rainer p. burki, ‘monitoring the trade in marine ornamental fishes through the european trade control and expert system traces: challenges and possibilities’, marine policy, 108.january (2019), 103620 https://doi.org/10.1016/j.marpol.2019.103620 borch, christian, ‘machine learning, knowledge risk, and principal-agent problems in automated trading’, technology in society, 68.january (2022), 101852 https://doi.org/10.1016/j.techsoc.2021.101852 chowdhury, md rayhan, md sabbir ahamed, md atik mas-ud, hiya islam, mst fatamatuzzohora, md firose hossain, and others, ‘stomatal development and genetic expression in arabidopsis thaliana l.’, heliyon, 7.8 (2021), e07889 https://doi.org/10.1016/j.heliyon.2021.e07889 cortés, julián d., mireia guix, and katerina bohle carbonell, ‘innovation for sustainability in the global south: bibliometric findings from management & business and stem (science, technology, engineering and mathematics) fields in developing countries’, heliyon, 7.8 (2021) https://doi.org/10.1016/j.heliyon.2021.e07809 dian, resti, and suviwat jenvitchuwong, ‘implementation of halal product assurance in the pharmaceutical sector in indonesia’, journal of human rights, https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.marpol.2019.103665 https://doi.org/10.1016/j.heliyon.2021.e07756 https://doi.org/10.1016/j.techsoc.2022.101863 https://doi.org/10.1016/j.techsoc.2022.101896 https://doi.org/10.1016/j.marpol.2019.103620 https://doi.org/10.1016/j.techsoc.2021.101852 https://doi.org/10.1016/j.heliyon.2021.e07889 https://doi.org/10.1016/j.heliyon.2021.e07809 12 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) culture and legal system, 1.3 (2021), 164–79 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.19 dimyati, khudzaifah, haedar nashir, elviandri elviandri, absori absori, kelik wardiono, and arief budiono, ‘indonesia as a legal welfare state: a prophetic-transcendental basis’, heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 hilborn, ray, christopher m. anderson, gordon h. kruse, andre e. punt, michael sissenwine, chris oliver, and others, ‘pramod et al. methods to estimate iuu are not credible’, marine policy, 108.august (2019), 103632 https://doi.org/10.1016/j.marpol.2019.103632 iqra, moh, syabani korompot, and al-fatih david, ‘the principle of equality before the law in indonesian corruption case : is it relevant ?’, journal of human rights, culture and legal system, 1.3 (2021), 135–46 https://doi.org/10.53955/jhcls.v1i3.13 khan, ikram ullah, ‘how does culture influence digital banking? a comparative study based on the unified model’, technology in society, 68.november 2021 (2022), 101822 https://doi.org/10.1016/j.techsoc.2021.101822 kipkorir, dennis, francis nturanabo, robert tewo, hilary rutto, and christopher enweremadu, ‘properties of waste-distilled engine oil and biodiesel ternary blends’, heliyon, 7.8 (2021), e07858 https://doi.org/10.1016/j.heliyon.2021.e07858 kusumastuti, ratih dyah, n. nurmala, juliana rouli, and herdis herdiansyah, ‘analyzing the factors that influence the seeking and sharing of information on the smart city digital platform: empirical evidence from indonesia’, technology in society, 68 (2022), 101876 https://doi.org/10.1016/j.techsoc.2022.101876 liwång, hans, ‘defense development: the role of co-creation in filling the gap between policy-makers and technology development’, technology in society, 68.january (2022), 101913 https://doi.org/10.1016/j.techsoc.2022.101913 ma, qiang, muhammad tariq, haider mahmood, and zeeshan khan, ‘the nexus between digital economy and carbon dioxide emissions in china: the moderating role of investments in research and development’, technology in society, 68.november 2021 (2022), 101910 https://doi.org/10.1016/j.techsoc.2022.101910 mishra, utkarsh k, and abhishek negi, ‘should trade remedies be eliminated from wto : a response to tania voon’, journal of human rights, culture and legal system, 1.3 (2021), 194–200 https://doi.org/10.53955/jhcls.v1i3.17 mohammad, taufik, nur atikah mohamed hussin, and mohd heikal husin, ‘online safety awareness and human factors: an application of the theory of human ecology’, technology in society, 68.november 2021 (2022), 101823 https://doi.org/10.1016/j.techsoc.2021.101823 mullié, w. c., ‘apparent reduction of illegal trawler fishing effort in ghana’s inshore exclusive zone 2012–2018 as revealed by publicly available ais https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.19 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.1016/j.marpol.2019.103632 https://doi.org/10.53955/jhcls.v1i3.13 https://doi.org/10.1016/j.techsoc.2021.101822 https://doi.org/10.1016/j.heliyon.2021.e07858 https://doi.org/10.1016/j.techsoc.2022.101876 https://doi.org/10.1016/j.techsoc.2022.101913 https://doi.org/10.1016/j.techsoc.2022.101910 https://doi.org/10.53955/jhcls.v1i3.17 https://doi.org/10.1016/j.techsoc.2021.101823 issn 2807-2812 journal of human rights, culture and legal system 13 vol. 2, no. 1, march 2022, pp. 1-13 rian saputra et.al (indonesia as legal welfare state…) data’, marine policy, 108.february (2019), 103623 https://doi.org/10.1016/j.marpol.2019.103623 nasrollahi, maedeh, abdolhamid safaei ghadikolaei, rohollah ghasemi, morteza sheykhizadeh, and mehdi abdi, ‘identification and prioritization of connected vehicle technologies for sustainable development in iran’, technology in society, 68.november 2021 (2022), 101829 https://doi.org/10.1016/j.techsoc.2021.101829 nugroho, setyo widi, ivan pradhana, and kevin gunawan, ‘new adaptation of neurosurgical practice and residency programs during the covid-19 pandemic and their effects on neurosurgery resident satisfaction and welfare at the national general hospital, jakarta, indonesia’, heliyon, 7.8 (2021), e07757 https://doi.org/10.1016/j.heliyon.2021.e07757 oktora, arif purnama, and hilaire tegnan, ‘strategy for implementing operations to handle the crime of narcotics’, journal of human rights, culture and legal system, 1.3 (2021), 201–13. https://doi.org/10.53955/jhcls.v1i3.18 da ros, z., antonio dell’anno, t. morato, andrew k. sweetman, marina carreiro-silva, chris j. smith, and others, ‘the deep sea: the new frontier for ecological restoration’, marine policy, 108.august (2019) https://doi.org/10.1016/j.marpol.2019.103642 santoveña-casal, sonia, and ma dolores fernández pérez, ‘relevance of eparticipation in the state health campaign in spain: #estonoesunjuego / #thisisnotagame’, technology in society, 68 (2022) https://doi.org/10.1016/j.techsoc.2022.101877 seeteram, n., mahadev bhat, b. pierce, k. cavasos, and d. die, ‘reconciling economic impacts and stakeholder perception: a management challenge in florida gulf coast fisheries’, marine policy, 108.august (2019), 103628 https://doi.org/10.1016/j.marpol.2019.103628 smith, angela, janet e. dickinson, greg marsden, tom cherrett, andrew oakey, and matt grote, ‘public acceptance of the use of drones for logistics: the state of play and moving towards more informed debate’, technology in society, 68.november 2021 (2022), 101883 https://doi.org/10.1016/j.techsoc.2022.101883 triasari, devi, ‘right to sanitation : case study of indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 147–63 https://doi.org/10.53955/jhcls.v1i3.20 tungjitnob, suchat, kitsuchart pasupa, and boontawee suntisrivaraporn, ‘identifying sme customers from click feedback on mobile banking apps: supervised and semi-supervised approaches’, heliyon, 7.8 (2021), e07761 https://doi.org/10.1016/j.heliyon.2021.e07761 yuan, baolong, and xueyun cao, ‘do corporate social responsibility practices contribute to green innovation? the mediating role of green dynamic capability’, technology in society, 68.january (2022), 101868 https://doi.org/10.1016/j.techsoc.2022.101868 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.marpol.2019.103623 https://doi.org/10.1016/j.techsoc.2021.101829 https://doi.org/10.1016/j.heliyon.2021.e07757 https://doi.org/10.53955/jhcls.v1i3.18 https://doi.org/10.1016/j.marpol.2019.103642 https://doi.org/10.1016/j.techsoc.2022.101877 https://doi.org/10.1016/j.marpol.2019.103628 https://doi.org/10.1016/j.techsoc.2022.101883 https://doi.org/10.53955/jhcls.v1i3.20 https://doi.org/10.1016/j.heliyon.2021.e07761 https://doi.org/10.1016/j.techsoc.2022.101868 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 33 https://doi.org/10.53955/jhcls.v3i1.71 journalhumanrightslegalsystem@gmail.com the regulation of personal and non-personal data in the context of big data daniar supriyadia* a tilburg institute for law, technology and society, netherlands *corresponding author: dnr.spy@gmail.com 1. introduction big data emerged seven years ago – relatively recently – as the technology and analytics applications related were developed around 2010. in the big data era, data analytics have been utilised as a supporting system for improving decision making in the public and private domains.1 in developing countries, like indonesia, the application of big data analytics is still in its infancy.2 within this 1 lu zhang, ‘“personal information of privacy nature’”under chinese civil code’, computer law and security review, 43 (2021) https://doi.org/10.1016/j.clsr.2021.105637 2 yuanxin li and darina saxunová, ‘a perspective on categorizing personal and sensitive data and the analysis of practical protection regulations’, procedia computer science, 170 (2020), 1110–15 https://doi.org/10.1016/j.procs.2020.03.060 a r t i c l e i n f o a b s t r a c t article history received: july 15, 2022. revised: february 13, 2023. accepted: february 14, 2023. data protection laws provide minimum protections for personal data, as well as facilitate the free flow of such data, by setting out principles and rules for legitimate data processing. in the big data context, personal data may not be as easy to distinguish as in traditional data processing, and that makes policymakers and businesses turn to the identifiability concept: in other words, what data are personal. this research is based on doctrinal legal research on the legal theory (concepts, rules, and principles) concerning data protection in the eu and indonesia. the results of the research show that the understand such paramount terminology in data protection law, relevant factors are presented to assess the direct or indirect identification of a natural person. in the eu data protection law, the test entails, for example, riskbased measures and technological development, whereas indonesian law on data protection has not yet established such assessments. data within big data operations traditionally falls under the scope of data protection laws only if it discloses the private life of individuals, such as names or other civil identities, but without further conditions to ascertain whether the data can be indirectly identified with an individual. this is an open-access article under the cc–by 4.0 license. keywords big data; electronic; regulations; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:dnr.spy@gmail.com https://doi.org/10.1016/j.clsr.2021.105637 https://doi.org/10.1016/j.procs.2020.03.060 https://creativecommons.org/licenses/by/4.0/ 34 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) context, public authorities are beginning to employ big data analytics for media monitoring, meaning that big data is used as a supporting instrument in realising better public decision making. these days, society lives in technological turbulence led by information technology – so-called hyperhistory – which subsequently moulds society into a ‘risk society.’3 in a risk society, (i) society no longer tolerates risks, which leads it to attempt to anticipate and prevent unfavourable situations, and (ii) data are the driver of change within the society, which increases data collection to support a knoweverything mentality.4 hence, governments’ use of media monitoring to deduce societal concerns may begin to be used to help support decision making, while previously governments were apparently unable to derive insights directly from society because of the immaturity of information technology. furthermore, with regard to evidence-based policies and improving the accuracy of predictions for legal and policy solutions, media monitoring has become important to generating better predictions in reading the society.5 in that vein, the indonesian government launched an official website last year (www.idb.kominfo.go.id) designed to collect national issues from mass media (media monitoring) to support the decision-making process. the website was created and managed by the directorate of information and public communication in the ministry of communication and informatics (kominfo), which engages in media monitoring on a daily basis to analyse the contents of media sources that involve government policies and programs.6 it creates summaries of national news (headlines) gathered from numerous media sources, which are then presented by subject, such as the economy, societal welfare, political news, and security.7 kominfo operates as a supporting scheme for success in satisfying national aspirations, the performance of the executive cabinet, and 3 cayetano valero and others, ‘analysis of security and data control in smart personal assistants from the user’s perspective’, future generation computer systems, 2023 https://doi.org/10.1016/j.future.2023.02.009 4 catherine oksas and others, ‘perspectives of peripartum people on opportunities for personal and collective action to reduce exposure to everyday chemicals: focus groups to inform exposure report-back’, environmental research, 212.december 2021 (2022) https://doi.org/10.1016/j.envres.2022.113173 5 chiara acciarini and others, ‘how can organizations leverage big data to innovate their business models? a systematic literature review’, technovation, in press.may 2022 (2023), 102713 https://doi.org/10.1016/j.technovation.2023.102713 6 tijs van den broek and anne fleur van veenstra, ‘governance of big data collaborations: how to balance regulatory compliance and disruptive innovation’, technological forecasting and social change, 129.september 2017 (2018), 330–38 https://doi.org/10.1016/j.techfore.2017.09.040 7 hui na chua, jie sheng ooi, and anthony herbland, ‘the effects of different personal data categories on information privacy concern and disclosure’, computers and security, 110 (2021), 102453 https://doi.org/10.1016/j.cose.2021.102453 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.future.2023.02.009 https://doi.org/10.1016/j.envres.2022.113173 https://doi.org/10.1016/j.technovation.2023.102713 https://doi.org/10.1016/j.techfore.2017.09.040 https://doi.org/10.1016/j.cose.2021.102453 issn 2807-2812 journal of human rights, culture and legal system 35 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) accelerating the dissemination of information about national policies and programs, as well as for assisting in evidence-based policy decisions.8 in private domains, e-commence actors utilise big data analytics for various purposes with regard to their services. smaller firms often use a third-party data analytics service to track their consumers’ preferences. for example, an online webshop with limited resources may conclude an agreement with a third party which undertakes data analytics in social media to provide information on their clients’ market preferences.9 big firms apparently engage such analytics to enhance the interoperability of data for the decision-making process and to enhance their corporate governance and communication capacities. meanwhile, smaller businesses are eager to utilise big data analytics, but their major obstacle is their lack of competent data scientists. therefore, these companies often collaborate with data-mining third parties.10 the major goal of private firms is to earn profits by providing goods and services, satisfying customers and other stakeholders by providing value while developing and sustaining a competitive edge. when businesses use big data analytics to gain insights from their customers, by monitoring or tracking using website cookies, for example, they certainly bear some responsibility to ensure privacy and personal data protection.11 inadequate compliance with privacy and data protection rules may hinder, or even forestall, the application of big data. this gives rise to the question of at what point big data analytics in the business sector is lawful and what matters should be incorporated into the big data platform, in particular pre-conditions (ex ante), data processing rules, and ex-post data operations.12 historically, the adoption of big data has been led by the business sector in order to fulfill its needs and facilitate the efficient data flow for better decision making; the public sectors then started to use big data to help them serve their 8 yuncheng shen and others, ‘personal big data pricing method based on differential privacy’, computers and security, 113 (2022), 102529 https://doi.org/10.1016/j.cose.2021.102529 9 tianqi liu and others, ‘technologies for removing pharmaceuticals and personal care products (ppcps) from aqueous solutions: recent advances, performances, challenges and recommendations for improvements’, journal of molecular liquids, 374 (2022), 121144 https://doi.org/10.1016/j.molliq.2022.121144 10 kamyar hasanzadeh and others, ‘a context sensitive approach to anonymizing public participation gis data: from development to the assessment of anonymization effects on data quality’, computers, environment and urban systems, 83.april (2020), 101513 https://doi.org/10.1016/j.compenvurbsys.2020.101513 11 galia marinova, aida bitri, and marsida ibro, ‘the role of women in the digital age: balancing professional and personal challenges during the covid-19 pandemic’, ifacpapersonline, 54.13 (2021), 539–44 https://doi.org/10.1016/j.ifacol.2021.10.505 12 zuzanna warso, ‘there’s more to it than data protection-fundamental rights, privacy and the personal/household exemption in the digital age’, computer law and security review, 29.5 (2013), 491–500 https://doi.org/10.1016/j.clsr.2013.07.002 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.cose.2021.102529 https://doi.org/10.1016/j.molliq.2022.121144 https://doi.org/10.1016/j.compenvurbsys.2020.101513 https://doi.org/10.1016/j.ifacol.2021.10.505 https://doi.org/10.1016/j.clsr.2013.07.002 36 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) citizens and overcome national challenges.13 in both the public and private spheres, excluding law enforcement or judicial matters, data about a person which can distinguish him or her from another person must be processed under the regulatory obligations of data protection laws, which emphasise the nature of the data, particularly ‘personal data,’ rather than the users of the data (i.e. data controllers, data processors, and recipients).14 hence, it is appropriate to review how public and private actors approach compliance with the rules and principles of protecting personal data. even though the use of data in the era of big data in these two sectors may differ, the nature of data is similar, given a majority of data is generated by people. in other words, people are the producers and consumers of data.15 compliance with the legal provisions of privacy and data protection can be determined by national laws concerning personal data protection. in the beginning this concept centred on safeguarding the confidentiality of data, but the development of automated data processing has given significant influence to the increased protection of the rights of the individual. in this vein, the notion of ‘privacy’ becomes foundational and is reconceptualised in terms of ‘control’ over personal information. likewise, in the eu, data protection is inscribed as a fundamental right.16 the first international convention on data and privacy, convention 108, designates ‘data protection’ as corresponding to the right to privacy, and emphasises the ‘fair information practice’ doctrine. accordingly, in 1995, the data protection directive imported into eu law the idea that ‘data protection’ serves as (informational) privacy (article 1(1) of directive 95/46/ec).17 furthermore, the eu provides a distinct right to ‘personal data protection’ inscribed in article 16(1) of the treaty on the functioning of the european union (tfeu), as introduced by the lisbon treaty 2007, which establishes the principle that everyone has the right to the protection of personal data concerning them. likewise, the eu charter also refers to ‘personal data protection,’ rather than ‘data 13 yue liu, ‘user control of personal information concerning mobile-app: notice and consent?’, computer law and security review, 30.5 (2014), 521–29 https://doi.org/10.1016/j.clsr.2014.07.008 14 luca bolognini and camilla bistolfi, ‘pseudonymization and impacts of big (personal/anonymous) data processing in the transition from the directive 95/46/ec to the new eu general data protection regulation’, computer law and security review, 33.2 (2017), 171–81 https://doi.org/10.1016/j.clsr.2016.11.002 15 anna konstantinovna zharova and vladimir mikhailovich elin, ‘the use of big data: a russian perspective of personal data security’, computer law and security review, 33.4 (2017), 482– 501 https://doi.org/10.1016/j.clsr.2017.03.025 16 joshua yuvaraj, ‘how about me? the scope of personal information under the australian privacy act 1988’, computer law and security review, 34.1 (2018), 47–66 https://doi.org/10.1016/j.clsr.2017.05.019 17 gianclaudio malgieri and bart custers, ‘pricing privacy – the right to know the value of your personal data’, computer law and security review, 34.2 (2018), 289–303 https://doi.org/10.1016/j.clsr.2017.08.006 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2014.07.008 https://doi.org/10.1016/j.clsr.2016.11.002 https://doi.org/10.1016/j.clsr.2017.03.025 https://doi.org/10.1016/j.clsr.2017.05.019 https://doi.org/10.1016/j.clsr.2017.08.006 issn 2807-2812 journal of human rights, culture and legal system 37 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) protection’.18 for almost twenty years after 1995, the 1995 data protection directive set out rules and principles of personal data processing in the eu. however, the directive will be repealed on 25 may 2018 by a new legal instrument: regulation (eu) 2016/679 of the european parliament and of the council of 27 april 2016, which addresses the protection of natural persons with regard to the processing of personal data and the free movement of such data, (general data protection regulation, or gdpr).19 in general, data must be securely protected, including the general confidential information of businesses or governmental documents, intellectual property, healthcare information, personal financial information, and security information. however, this paper primarily focuses on the protection of data, in particular, personal data, and these kinds of data may fall under the scope of protection of data protection law on condition these data constitute the personal information of a natural person.20 hence, the analysis is in line with the dgpr, which articulates personal data protections. however, in the era of big data, data analytics with machine learning create difficulty in ascertaining whether data are personal or non-personal. measures may be taken as guidance to better define the grey boundaries of the scope and limits of data that should be regarded as personal.21 big data challenges data protection principles, in particular the fairness of the processing and what criteria or methods to use to evaluate whether data are personal or not (identifiability). in that regard, the legal provisions set out in indonesian law seem to simplify the legal definition of personal data, which entails ‘any information inherently attached to an individual and [that] can be identified directly or indirectly’ (article 1(2), the regulation of the ministry no. 20 of 2016 on personal data protection in the electronic system).14 the gdpr provides a better response to the development of advanced data analytics, including machine learning, and has foreseen some of the technological turbulence surrounding personal data processing.22 18 mark elliot and others, ‘functional anonymisation: personal data and the data environment’, computer law and security review, 34.2 (2018), 204–21 https://doi.org/10.1016/j.clsr.2018.02.001 19 vagelis papakonstantinou and paul de hert, ‘big data analytics in electronic communications: a reality in need of granular regulation (even if this includes an interim period of no regulation at all)’, computer law and security review, 36.november 2015 (2020), 105397 https://doi.org/10.1016/j.clsr.2020.105397 20 guan zheng, ‘trilemma and tripartition: the regulatory paradigms of cross-border personal data transfer in the eu, the u.s. and china’, computer law and security review, 43 (2021), 105610 https://doi.org/10.1016/j.clsr.2021.105610 21 georgios georgiadis and geert poels, ‘towards a privacy impact assessment methodology to support the requirements of the general data protection regulation in a big data analytics context: a systematic literature review’, computer law and security review, 44 (2022) https://doi.org/10.1016/j.clsr.2021.105640 22 bart custers and gianclaudio malgieri, ‘priceless data: why the eu fundamental right to data protection is at odds with trade in personal data’, computer law and security review, 45 (2022), 105683 https://doi.org/10.1016/j.clsr.2022.105683 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2018.02.001 https://doi.org/10.1016/j.clsr.2020.105397 https://doi.org/10.1016/j.clsr.2021.105610 https://doi.org/10.1016/j.clsr.2021.105640 https://doi.org/10.1016/j.clsr.2022.105683 38 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) in the future, both regulations may become much more relevant (“rejuvenate”) by responding to extensive critiques and clarification issues in order to match the actual practice of data processing, or it could successfully safeguard the rights of individual to control their data in terms of access to and rectify it.23 this creates reasonable doubts as to whether the existing data protection law is appropriately addressing and evaluating current practices, in order to benchmark future practices. the question that follows is: how does big data analytics present challenges to data protection laws, and how do the regulatory obligations in such laws delineate personal and non-personal data? does the law sufficiently address personal data protection in the era of big data, the internet of things, cloud computing, machine learning, and artificial intelligence (ai)? perhaps the primary objective of big data is to derive new insights to predict outcomes and behaviour based on the enormous volumes of data collected from a large number of sources. each data source, in turn, typically contains data that relates to numerous data subjects. data protection laws try to have the best approach to conform to the potential challenges of big data systems, with regards to security, speed, interoperability, and analytics capabilities. 24 the primary research problem of this thesis focuses on the legal challenges of big data analytics for public and private domain applications, in particular a decision-making process and a marketing strategy.25 the analysis will focus on answering the question of what data are personal in the context of big data, and in particular the identifiability concept of personal data. according to data protection laws, personal data refers to any information of an identified or identifiable natural person, especially by reference to an identifier such as a name, an identification number, location data, an online identifier, or another identity of that natural person.26 such personal information often becomes a primary discussion in cyber security and privacy, specifically big data security and data protection. scattered nonpersonal data may also come very close to the level of protection for personal data, as the nature of the data can reveal the identity of a natural person in some cases. therefore, in light of big data analytics, revisiting the concept of personal data should be encouraged within the legal framework of data protection in indonesia and the eu. 2. research method this research is based on doctrinal legal research on the legal theory (concepts, rules, and principles) concerning data protection in the eu and indonesia. this research is explanatory (explaining the law), hermeneutical (interpretation, argumentation), and 23 tuulia karjalainen, ‘the battle of power: enforcing data protection law against companies holding data power’, computer law and security review, 47.august 2018 (2022), 105742 https://doi.org/10.1016/j.clsr.2022.105742 24 yu li liu and others, ‘privacy in ai and the iot: the privacy concerns of smart speaker users and the personal information protection law in china’, telecommunications policy, 46.7 (2022), 102334 https://doi.org/10.1016/j.telpol.2022.102334 25 zhao ge liu, xiang yang li, and xiao han zhu, ‘scenario modeling for government big data governance decision-making: chinese experience with public safety services’, information and management, 59.3 (2022), 103622 https://doi.org/10.1016/j.im.2022.103622 26 jinglin jiang and others, ‘deciphering big data in consumer credit evaluation’, journal of empirical finance, 62.august 2020 (2021), 28–45 https://doi.org/10.1016/j.jempfin.2021.01.009 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2022.105742 https://doi.org/10.1016/j.telpol.2022.102334 https://doi.org/10.1016/j.im.2022.103622 https://doi.org/10.1016/j.jempfin.2021.01.009 issn 2807-2812 journal of human rights, culture and legal system 39 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) evaluative (analysing whether rules work in the given situation, or whether they are in accordance with desirable moral frameworks, legal principles, and societal aims). part of the analysis in relation to the research question uses supporting disciplines, namely law and technology. the author provides a comparison of rules, cases, principles, and conceptual frameworks of legal doctrine between the eu and indonesia. this research elaborates the research problem within a theoretical framework using relevant legal data, notably normative and authoritative sources. normative sources include statutory texts, treaties, general principles of data protection law and privacy, and the like. authoritative sources constitute case law and scholarly legal writing (literature). this research will be conducted using a problem-based approach: assembling facts, identifying legal issues, analysing problems with a view to searching for potential solutions, and arriving at a tentative conclusion. 3. results and discussion big data analytics and its impact on data protection law ‘big data’ is a broad term which covers almost all forms of data processing operations, some of which have well-defined and identified, while others may still be opaque concepts. such data analytics have been developed and utilised in diverse sectors in various forms and for various purposes, not merely for online database search engines and internet social media platforms.27 in scientific and financial circles, big data includes everything from the meteorological data of weather stations to the market data of financial exchanges around the world. the etymology of ‘big data’ has been traced to the mid-1990s, when it was first introduced by john mashey, retired former chief scientist at silicon graphic, to refer to the handling and analysis of massive data sets.28 today, many companies refer ‘big data’ when they collect and process data about people, specifically their customers. this data is useful to better sell products, target marketing efforts, or make better products by collecting valuable customer data from internal and external sources. these sources include social media, email, customer feedback, call records, transactional systems, content management, expert opinions, wikis, support labelling, crm (customer relationship management) systems, supply chain and fulfilment, dbms (database management systems), and other external sources, collectively known as an ‘enhanced 360° view of the customer.’ at this point, companies know more about customers and can advertise more effectively. for instance, 27 cheng yong liu and others, ‘analysis of beijing tianjin hebei regional credit system from the perspective of big data credit reporting’, journal of visual communication and image representation, 59 (2019), 300–308 https://doi.org/10.1016/j.jvcir.2019.01.018 28 s. antusch and others, ‘intentional action and limitation of personal autonomy. do restrictions of action selection decrease the sense of agency?’, consciousness and cognition, 88.january (2021), 103076 https://doi.org/10.1016/j.concog.2021.103076 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jvcir.2019.01.018 https://doi.org/10.1016/j.concog.2021.103076 40 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) insurance companies have been digging into online data for years and ‘mining’ facebook to identify risky people.29 thus, although there is no consensus definition of big data, it has been utilised by some companies to gain much more knowledge of their consumers. big data may be viewed as property, as a public resource, or as an expression of an individual entity that makes possible unexpected discoveries, innovations, and advancements in quality of life. the definition of big data is contingent on the opinion of the computer scientist, financial analyst, or entrepreneur pitching the phrase.30 in december 2016, pr newswire announced global strategic business report, which found that the leading players in big data are ibm, sap, oracle, hpe, palantir, splunk, accenture, and del. ibm has invested in big data analytics since 2005, and in 2014 it concluded roughly 40,000 data analytics engagements. the ibm watson foundation, for instance, has become a key differentiator in the market and provides its customers with the core big data analytics capabilities, leading toward the next era of computing, cognitive or machine learning.31 ibm, an information technology company, defines big data through four characteristics, volume, variety, velocity and veracity, within the concept of the ‘big data era.’ this era is defined as a world that is changing through (i) instrumentation, in which people are seeing (capturing) more things and storing them (e.g. ‘datafication’ and ‘digitalization’); (ii) interconnectivity, which means that people and things are becoming increasingly interconnected through advancements in communication technologies, and also refers to digital communication machine-to-machine; and (iii) intelligence, meaning that people are able to add more value by analysing more data (that may even initially seem unrelated) in order to paint a more robust picture of the issue at hand – in other words, by using the right non-traditional data processing methods, people can economically change all low-value data to high-value data.32 another definition of big data was proposed by the executive office of the us president in may 2014. they described how most definitions of big data 29 jesus silva and others, ‘privacy preserving, protection of personal data, and big data: a review of the colombia case’, procedia computer science, 151.2018 (2019), 1213–18 https://doi.org/10.1016/j.procs.2019.04.174 30 sian clancy and others, ‘the role of personal commitment to integrity in clean sport and anti-doping’, performance enhancement and health, 10.4 (2022) https://doi.org/10.1016/j.peh.2022.100232 31 rahime belen saglam, jason r.c. nurse, and duncan hodges, ‘personal information: perceptions, types and evolution’, journal of information security and applications, 66.march (2022), 103163 https://doi.org/10.1016/j.jisa.2022.103163 32 giovanni rubeis, ‘ihealth: the ethics of artificial intelligence and big data in mental healthcare’, internet interventions, 28.august 2021 (2022), 100518 https://doi.org/10.1016/j.invent.2022.100518 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.procs.2019.04.174 https://doi.org/10.1016/j.peh.2022.100232 https://doi.org/10.1016/j.jisa.2022.103163 https://doi.org/10.1016/j.invent.2022.100518 issn 2807-2812 journal of human rights, culture and legal system 41 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) reflect the growing technological ability to capture, aggregate, and process an ever-greater volume, velocity, and variety of data sets. these sets are large, diverse, complex, longitudinal, and/or distributed data sets generated from instruments, sensors, internet transactions, email, video, click streams, and/or all other digital sources available today and in the future.33 these data sets are colloquially referre to as the ‘3 vs’ − volume, variety, and velocity. the declining cost of collection, storage, and processing of data, combined with new sources, means that society lives in a world of near-ubiquitous data collection, resulting in an explosion of data that will drive demand for high-performance computing and push the capabilities of even the most sophisticated data management technologies. despite the enormous amount of data, some data are ‘born digital’ or ‘born analog’; the former emphasises the specific creation of digital data for digital use, and the latter refers to the digitalisation of the physical world. hence, big data increases the capabilities of ‘data fusion.’34 in the same vein, the article 29 data protection working party of the european commission, an advisory body of the eu, has given its opinion about the term ‘big data.’ they say it refers to the exponential growth of data, both in availability and in the automated use of information (or gigantic digital datasets) which are extensively analysed (hence the name ‘analytics’) using computer algorithms for identifying more general trends and correlations that potentially affect individuals when processing such data.35 the data sets are large, complex, diverse, longitudinal, and/or distributed and generated from instruments, internet transactions, sensors, video, email, click streams and patterns, and the like. big data is thus shorthand for the gathering, analysis, processing, and use of immense exploitable datasets, including both structured and unstructured digital information, that has become one of the compelling causes of data-driven businesses and innovations, whose features encompass machine learning, 3d printing, virtual reality, the internet of things, cloud computing, and nanotechnology.36 33 deborah wiltshire and seraphim alvanides, ‘ensuring the ethical use of big data: lessons from secure data access’, heliyon, 8.2 (2022), e08981 https://doi.org/10.1016/j.heliyon.2022.e08981 34 petra perner and uwe zscherpel, ‘engineering applications of artificial intelligence: editorial’, engineering applications of artificial intelligence, 15.2 (2002), 121 https://doi.org/10.1016/s0952-1976(02)00027-1 35 ahmed saleh bataineh and others, ‘toward monetizing personal data: a two-sided market analysis’, future generation computer systems, 111 (2020), 435–59 https://doi.org/10.1016/j.future.2019.11.009 36 muharman lubis and dini oktarina d. handayani, ‘the relationship of personal data protection towards internet addiction: cyber crimes, pornography and reduced physical activity’, procedia computer science, 197.2021 (2021), 151–61 https://doi.org/10.1016/j.procs.2021.12.129 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2022.e08981 https://doi.org/10.1016/s0952-1976(02)00027-1 https://doi.org/10.1016/j.future.2019.11.009 https://doi.org/10.1016/j.procs.2021.12.129 42 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) in 2014, bernard marr, one of the top business influencers and a distinguished author on the topic of data and analytics for various publications (forbes, huffpost, and linkedin pulse), described big data as the ‘5 vs’, namely volume, velocity, variety, veracity, and value. the first three of these vs have often been analysed, so it is unnecessary to do so here, but the other vs should be elaborated. veracity refers to the trustworthiness of data, meaning that big data analytics allows certain types of data to be handled without losing quality and accuracy (e.g. hash tags, abbreviations, typos, and colloquial speech, as well as the reliability of content). value may be the most important v of big data, because simply having access to big data is useless unless users can turn it into value.37 in december 2016, bernard marr added a sixth v, vulnerability, amid growing concerns about personal data processed by many commercial big data initiatives that try to track customer purchasing behaviour and retarget advertising. most importantly, this is the case when it comes to medical and financial information.38 most people experience their data being misused or misplaced in some shape or form, like in cases of data breaches. today, data processing requires higher assurances for customers that their data is safe (socalled ‘data stewarship’), despite the fact that ‘zero risk is unattainable’ to ensure perfect or unbreakable security for personal data. this is because appropriate technical and organizational measures are far from being silver bullets. as a result, there are regulatory obligations for data breach notifications, data disaster recovery, and transparency, which are also often negotiated in ict (cloud computing) contracts.39 analytics techniques for big data can be distinguished according to the analytics’ value and its maturity. there are two landscapes: first, analytics for decision-making outputs that are made on insights from generated data (insights for decisions), and second, analytic processes that are automated, namely descriptive, diagnostic, predictive, and prescriptive analytics.40 ronald leenes, full professor in regulation by technology, has argued that analytics techniques, in essence, are designed for the purposes of understanding, 37 alfredo cuzzocrea and others, ‘supporting privacy-preserving big data analytics on temporal open big data’, procedia computer science, 198.2021 (2021), 112–21 https://doi.org/10.1016/j.procs.2021.12.217 38 m. giacalone and others, ‘a novel big data approach for record and represent compliance in the covid-19 era’, big data research, 27 (2022) https://doi.org/10.1016/j.bdr.2021.100290 39 fei feng, xia wang, and tianxiang chen, ‘analysis of the attributes of rights to inferred information and china’s choice of legal regulation’, computer law and security review, 41 (2021) https://doi.org/10.1016/j.clsr.2021.105565 40 gabriela kennedy, ‘asia pacific news’, computer law and security review, 33.6 (2017), 896–904 https://doi.org/10.1016/j.clsr.2017.09.006 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.procs.2021.12.217 https://doi.org/10.1016/j.bdr.2021.100290 https://doi.org/10.1016/j.clsr.2021.105565 https://doi.org/10.1016/j.clsr.2017.09.006 issn 2807-2812 journal of human rights, culture and legal system 43 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) predicting (in particular, preferential, consequential, and pre-emptive prediction), and deciding sorting. it is apparent that the ‘understanding’ configuration of big data is analogous to ‘descriptive’ analytics, in that it presents the answers to what happened? and what is happening now, describing the world as it is and providing history and contemporary insights into the world in past and present times (such as in business intelligence, or bi). for example, google analytics (analytics.google.com) is an online analytical processing (olap) tool that depicts dashboards, sites usages, number of visitors, traffic sources overview, browsers, and so on.41 ‘diagnostic’ analytics breaks down patterns and trends and answers the question why did it happen? based on a statistical model with key variables and relationships amid data (such as market segments, sentiment analysis, price elasticity, fraud patterns, data mining and correlation, data discovery, etc). the diagnostic model serves to determine alert validity in the internet of things, particularly in medical devices. predictive analytics focuses on gaining insights into the future; presents foresights about unknown future events based on the association/correlation between certain problems or failures, according to diagnostics analytics, especially that of citizen/customer behaviour; and acts on that knowledge.42 big data predictions may differ from ‘profiling’ techniques in 41 shafiqul hassan and others, ‘big data and predictive analytics in healthcare in bangladesh: regulatory challenges’, heliyon, 7.6 (2021) https://doi.org/10.1016/j.heliyon.2021.e07179 42 roger clarke, ‘can small users recover from the cloud?’, computer law and security review, 33.6 (2017), 754–67 https://doi.org/10.1016/j.clsr.2017.08.004 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2021.e07179 https://doi.org/10.1016/j.clsr.2017.08.004 44 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) the small-data world, which find common associations in the data by drawing a generalisable rule that applies to people in the groups. in big data, it is possible to identify specific individuals, which are so-called granular predictions. for example, a person with an arabic name may not be subjected to secondary screening at an airport based on profiling, but he or she is probably specified as a terrorist according to other data, as happened in the aol case, netflix case, and imdb, where anonymised personal data was successfully re-identified.43 prescriptive analytics computes operational decisions (actions to be executed now) and tactical or strategic decisions in the short term and long term, respectively, according to the rules of the form if <condition> then <action> where ‘condition’ is set on predicted data to explicitly recommend the best course of subsequent actions, in particular through advanced analytics or machine learning. ibm watson, for example, is ‘cognitive technology’, rather than artificial intelligence (ai) or dedicated augmenting human intelligence.44 there are two types of ai, namely special ai (a system that performs a single task that requires human intelligence well) and general ai (a computer that has the ability to think at or beyond the human level, processing sensory data, making inferences, logical decisions, etc.). the machine learning algorithm has the ability to think at or beyond a human level and is designed to answer questions like what should i do, what is the best achievable outcome, and how can we learn from and address this automatically on the basis of data sets. in short, ai is broader concept of machine being able to carry out tasks in a way considered ‘smart’.45 even though machine learning may differ from special ai, it already has the ability to adapt to new environments or some type of stimuli as input, not just a single ‘if <condition>’. this implementation involves the artificial neural network (ann). advances in speech recognition, pattern recognition, and image analysis through implementation of the ann has led to significant progress in the field of intelligence software agents and robotics. ibm watson, general ai, is a smart data analysis and visualization service that can quickly discover patterns and meaning in data using automated predictive analytics and cognitive capabilities. outcomes of predictive and prescriptive analytics may be processed further by automating analytics to generate automatic 43 zhengzheng lin and yanqin jiang, ‘character strengths, meaning in life, personal goal, and career adaptability among impoverished college students: a chain-mediating model’, heliyon, 9.august 2022 (2023), e13232 https://doi.org/10.1016/j.heliyon.2023.e13232 44 ingrida milkaite and others, ‘children’s reflections on privacy and the protection of their personal data: a child-centric approach to data protection information formats’, children and youth services review, 129.december 2020 (2021) https://doi.org/10.1016/j.childyouth.2021.106170 45 cécile de terwangne, ‘council of europe convention 108+: a modernised international treaty for the protection of personal data’, computer law and security review, 40.july 2013 (2021), 3–4 https://doi.org/10.1016/j.clsr.2020.105497 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2023.e13232 https://doi.org/10.1016/j.childyouth.2021.106170 https://doi.org/10.1016/j.clsr.2020.105497 issn 2807-2812 journal of human rights, culture and legal system 45 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) decisions and actions, such as in some automated and highly networked systems, including the smart energy grid, automated injections of certain drugs for patients, automated streetlight patterns, and other complex automated networks.46 data processed in a big data platform is different from data processed in traditional data processing: a big data platform performs a (near) real-time processing of (structured and unstructured) information in great volumes and variety that is generated from multiple sources (computers, satellites, mobile devices, cameras, microphones, drones, apps, and many more), in which processing such enormous data challenges current computing technologies. that information must be transmitted, processed, and stored in a volume of petabytes or zettabytes. as an illustration, the total amount of data stored on the entire internet in 2004 was 1 petabyte (equivalent to 100 years of all television content). by 2020, that number is expected to reach 35 zettabytes (see figure 2.3). accordingly, the big data platform is enabling new abilities to analyse this vast amount of data.47 given this, the 6 vs, as promulgated by bernard marr, are attributes of big data. other data analysts also present other attributes for it, such as exhautibility, rationality, variability, etc. furthermore, big data analytics allow actors and agencies to generate, use, and repurpose data sets into various contexts by means of proliferating data profiles on a person and social groups (the polyvalent feature). data moves from primary to secondary uses and can be applied to a completely different purpose, not just according to present uses but also all possible ways in the future; this is the so-called ‘option value’ of data.48 big data tools, techniques, and technologies make it possible to predict the likelihood of people’s behaviour, such as optimising and limiting options, opportunities, and chances in accessing healthcare, insurance, credit, and employment (the predictive attribute). accordingly, from this preconceived characteristic, it is important to explicate the concept of the legal protections for individuals laid down under data protection and privacy legislation. the above analysis depicts big data in the context of information, technology, and advanced data analytics. this reflects how big data analytics is no longer 46 martin mullins, christopher p. holland, and martin cunneen, ‘creating ethics guidelines for artificial intelligence and big data analytics customers: the case of the consumer european insurance market’, patterns, 2.10 (2021) https://doi.org/10.1016/j.patter.2021.100362 47 yong wan, ‘deep linking does not constitute a “making available to the public”: the perspective of beijing intellectual property court’, computer law and security review, 33.6 (2017), 876–83 https://doi.org/10.1016/j.clsr.2017.05.013 48 nadezhda purtova, ‘default entitlements in personal data in the proposed regulation: informational self-determination off the table. and back on again?’, computer law and security review, 30.1 (2014), 6–24 https://doi.org/10.1016/j.clsr.2013.12.006 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.patter.2021.100362 https://doi.org/10.1016/j.clsr.2017.05.013 https://doi.org/10.1016/j.clsr.2013.12.006 46 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) attributed to traditional data analytics; rather, big data processing will soon require a higher level of data processing beyond what is offered by most data businesses today.49 the primary question to be answered here is whether data in the big data context are equal to data processing before the buzzword of ‘big data’ was introduced. the author assumes that the meaning of ‘data’ has not changed from the point of view of data protection laws.50 however, it is important to elaborate the types of data that can be subjected at the starting point to clarify the blurring boundaries between personal and non-personal data. it may be the case that the use of personal medical information by public hospitals for the purpose of medical research is less prone to violating privacy and data protection laws, in contrast to the use of patient data by pharmaceutical firms.51 hence, it is important to give a brief overview of the types of data in data collection and processing. in principle, information is defined in terms of data and meaning. a clear way of formulating ‘information‘ is as a tripartite definition: information entails data that is well-informed according to rules (code, language, system) and meaningful to the reader. meanwhile, data may be identical to signals, which are what makes possible the coding of symbols and the physical implementation of data (analogue, digital, printed on paper, audio, expressed in words or pictures). in general, people may refer to data as the description of something (or reality) that can be recorded, analysed, and reorganised. such a description involves carriers of knowledge and information; in other words, both information and knowledge (insight) are communicated through data and by means of data storage and transfer devices and systems. knowledge carried by data relates to its predictive nature, resulting in logical decisions for predictive analytics when incorporated with intelligent software patterns, such as in machine learning. information about the past and present provide the basis for the prediction of the future with a degree of certainty. a piece of data only becomes information and knowledge when it is interpreted by its receiver/reader (information and data are used interchangeably in this paper, unless otherwise noted). therefore, data cannot just be recorded and retrieved, but also requires interpretation to assign meaning to it. for example, mathematics gave new meaning to data 49 xiaolan yu and yun zhao, ‘dualism in data protection: balancing the right to personal data and the data property right’, computer law and security review, 35.5 (2019), 1–11 https://doi.org/10.1016/j.clsr.2019.04.001 50 nick pantlin, ‘european national news’, computer law and security review, 33.6 (2017), 892–95 https://doi.org/10.1016/j.clsr.2017.10.002 51 kit burden, ‘eu update’, computer law and security review, 33.6 (2017), 884–91 https://doi.org/10.1016/j.clsr.2017.10.001 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2019.04.001 https://doi.org/10.1016/j.clsr.2017.10.002 https://doi.org/10.1016/j.clsr.2017.10.001 issn 2807-2812 journal of human rights, culture and legal system 47 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) because calculating (or measuring) a number of something can be understandable without any difficulties and be six times faster when counting with arabic numerals than with counting boards. in short, data does not entail rights, as the data are clearly not a living being or a person that should be afforded protection under data protection laws. however, it is realistic to say that extensive obligations and rights arise in relation to data. accordingly, data can be categorised in numerous classifications (or types). the interpretation of data categories can be philosophically determined as relata, which can be distinghuised according to (i) classification of data, (ii) logical types to which data belong, (iii) the kind of support required for the data implementation or representation, and (iv) the dependence of their semantics in a source or producer. hence, there are five quite common categories of data, known as typological neutrality: primary data, secondary data (constituted by their absence, i.e. silence may be very informative), metadata (indications about the nature of some data), operational data, and derivative data, which is data that can be extracted from some data whenever the latter are used as indirect sources in search of patterns, clues, or inferential evidence about things other than those directly addressed by the data themselves.52 however, in the case of personal data in advanced data analytics, a common distinction is among provided, observed, derived, and inferred data. provided data refers to data that is directly (or voluntarily) provided by an individual with his or her consent, or when he or she is fully aware of the data creation – for example, when a person registers with an online social network (‘posted data’), talks to voice computing assistants (i.e. amazon’s alexa, apple’s siri, google assistant, microsoft’s contana), applies for a loan (‘initiated data’), or purchases goods (‘transactional data’). observed data means data that is gathered from a third party by means of observing and capturing it in a digital format, such as data generated by cookies, sensors (e.g. smartwatch, smartphone), and cctv cameras. derived data are produced from existing data using traditional data processing, such as creating annuals of customer value by aggregating all consumer records. inferred data results from probability-based analytic processes, in the sense of finding connections and relationships between data for revealing unexpected or unknown results; this allows finding for the ‘what’ without knowing the ‘why’. for example, knowing there is a 52 nynke e. vellinga, ‘from the testing to the deployment of self-driving cars: legal challenges to policymakers on the road ahead’, computer law and security review, 33.6 (2017), 847–63 https://doi.org/10.1016/j.clsr.2017.05.006 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2017.05.006 48 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) correlation between a low credit rating and having more car accidents cannot reveal why this happens.53 furthermore, data can also be seen as its original description, in particular, data from words, locations, and interactions, through the process of datafication and digitalisation. datafication means putting a phenomenon or something in a quantified format that allows it to be tabulated and analysed, whereas digitalisation is the process of converting analogue information into the zeros and ones of binary code so computers can handle it.54 datafication allows data that has already been collected to deliver services (e.g. google streetview), which is opposite to the past view in which data were a by-product of a service. words can become data; for example, the google book project, which began in 2004, makes digital copies of books (scanned and captured digital images – digitalisation) to be text-indexable and thus searchable. this unleashes numerous means by which that data can be used by humans for reading and by machines for analysis (machine-to-machine or interoperability and portability).55 when a location becomes data, it can be identified, recorded, tallied, analysed, and communicated in a standardised, numerical format, thus allowing companies to collect users’ geo-loco data that makes targeted advertising possible based on where the person is situated or is predicted to go. an example is the foursquare mobile app, which lets people give grades or ratings (a number of ‘stars’) to their favourite locations. a noncommercial use of geo-loco is a pioneering project in mit’s human dynamics laboratory that is processing the large volume of data from mobile phones to make inferences and predictions about human behaviour. in practice, this so-called ‘reality mining’ has successfully identified people who had contracted the flu before they realised they were ill.56 when interactions become data, it means that datafication transforms intangible elements of people’s everyday lives (relationships, experiences, and moods) into data that can be reused for another purpose; for example, facebook 53 mouna rhahla, sahar allegue, and takoua abdellatif, ‘guidelines for gdpr compliance in big data systems’, journal of information security and applications, 61.june (2021) https://doi.org/10.1016/j.jisa.2021.102896 54 daniel le métayer and others, ‘interdisciplinarity in practice: challenges and benefits for privacy research’, computer law and security review, 33.6 (2017), 864–69 https://doi.org/10.1016/j.clsr.2017.05.020 55 mark giancaspro, ‘is a “smart contract” really a smart idea? insights from a legal perspective’, computer law and security review, 33.6 (2017), 825–35 https://doi.org/10.1016/j.clsr.2017.05.007 56 d. mendelson and d. mendelson, ‘legal protections for personal health information in the age of big data – a proposal for regulatory framework’, ethics, medicine and public health, 3.1 (2017), 37–55 https://doi.org/10.1016/j.jemep.2017.02.005 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jisa.2021.102896 https://doi.org/10.1016/j.clsr.2017.05.020 https://doi.org/10.1016/j.clsr.2017.05.007 https://doi.org/10.1016/j.jemep.2017.02.005 issn 2807-2812 journal of human rights, culture and legal system 49 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) datafied relationships (facebook’s ‘social graph’), twitter datafied sentiments, and microsoft linkedin datafied people’s professional experiences. the metadata (information about information) of these data posted/created by internet users provide further valuable data, such as a user’s language, geolocation, associated friends, each single click on a website (even more, moves of the mouse cursor), devices and apps used, and time for reading or hovering on adversarial content.57 from this information, advanced analytics (e.g. sentiment data analytics) may discover groups of likeminded people that help companies receive aggregated customer feedback, adapt better marketing strategies, or judge the impact of marketing campaigns. this analysis shows how digitalisation turbocharges datafication, but they are not substitutes, because the act of digitisation – transforming analogue information into a computer-readable format – by itself does not datafy. datafication has made it possible to render attitude and sentiments, as well as human behaviour, into an analysable form that can be understood by not only humans but also machines (non-human actors).58 furthermore, big data may be closely related to data reuse in order to unleash the value of big data. the reuse of data seems unlikely to safeguard data protection rights, particularly in large-scale data processing, where the minimum protections for data reuse are often overlooked. hence, one of the strategies to encourage the value of big data and to balance it with personal data protection at the same time is to distinguish data reuse according to the perspective of data controllers and data subjects, so that the awareness and intention of data processing can be more transparent for data subjects, thereby giving them control over their data.59 from the data subjects’ perspective, the categorisation of data uses could include data sharing, where the data subject has authorisation rights to permit or forbid disclosure of their data; data portability, involving interoperable uses of data across different systems to avoid data lock-ins; and data that is required to be erased on the basis of the data subject’s wishes (related to the right to be forgotten). from the data controllers’ perspective, data reuse can be treated 57 andria agesilaou and eleni a. kyza, ‘whose data are they? elementary school students’ conceptualization of data ownership and privacy of personal digital data’, international journal of child-computer interaction, 33 (2022) https://doi.org/10.1016/j.ijcci.2022.100462 58 richard steppe, ‘online price discrimination and personal data: a general data protection regulation perspective’, computer law and security review, 33.6 (2017), 768–85 https://doi.org/10.1016/j.clsr.2017.05.008 59 christian pauletto, ‘options towards a global standard for the protection of individuals with regard to the processing of personal data’, computer law and security review, 40.3 (2021), 371–81 https://doi.org/10.1016/j.clsr.2020.105433 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijcci.2022.100462 https://doi.org/10.1016/j.clsr.2017.05.008 https://doi.org/10.1016/j.clsr.2020.105433 50 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) separately as data recycling (same purposes in several rounds of data processing), data repurposing (processing data for different purposes), and data recontextualisation (interpretating data in a different contexts, e.g. health data interpreted differently by a physician and by health insurance firms). in that regard, data controllers could design their terms and conditions or privacy policies for data subjects so that the interactions between the users and producers of data over data reuse can be tracked or mapped onto the fairness conditions according to the data protection laws.60 in that regard, in every phase of big data adoption, by default only personal data which are necessary for each specific purpose are processed, and by design to implement data processing principles. however, advanced data analytics may blur the boundaries of the phases of data processing. in advanced data analytics, rules of data processing are transferred to technology (computer language), known as codes. even though the advantages of technoregulation include that it is efficient and adaptive and that producers’ commitment/involvement can be incorporated into the initial development, this regulatory modality often presents unfavourable outcomes: in the case of largescale introductions, it often undermines the norms and the reasons behind the production, resulting in violations of individual autonomy or the dignity of persons. for example, even though facebook’s deepface provides better ways to learn about users and package their data for advertisers, it has proven controversial, as it can recognise people’s names from a high-resolution photograph of a crowd.61 in the same vein, real-time data analytics can also easily undermine privacy and data protection. real-time analytics is defined in microseconds, milliseconds, or seconds, or neartime in seconds. the paramount example of this technology is the internet of things. enabling sensors for the datafication of an event could help to predict the customer’s intent, sentiments, and behaviour by mining data and correlations, like the real-time analytics developed by verizon. to date, there is no international standard of compatibility that exists at the macro levels of the internet of things.62 hence, not only there is nointeroperability cross-industry for data sharing, but this state of things also 60 václav jane ˇcek, ‘ownership of personal data in the internet of václav jane c’, computer law & security review, 34.2018 (2020), 1039–52 https://doi.org/https://doi.org/10.1016/j.clsr.2018.04.007 61 helena hansson and jaap sok, ‘perceived obstacles for business development: construct development and the impact of farmers’ personal values and personality profile in the swedish agricultural context’, journal of rural studies, 81.september 2020 (2021), 17–26 https://doi.org/10.1016/j.jrurstud.2020.12.004 62 jay pil choi, doh shin jeon, and byung cheol kim, ‘privacy and personal data collection with information externalities’, journal of public economics, 173 (2019), 113–24 https://doi.org/10.1016/j.jpubeco.2019.02.001 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.1016/j.clsr.2018.04.007 https://doi.org/10.1016/j.jrurstud.2020.12.004 https://doi.org/10.1016/j.jpubeco.2019.02.001 issn 2807-2812 journal of human rights, culture and legal system 51 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) leaves open communications from individual devices for unauthorised access and interception. the issue becomes more problematic when the individual devices record private information about an individual, like behaviour patterns and geospatial positions. even though the data is unstructured, it is still personal data as long as it can identify an individual or if the likelihood of identifiability of an individual is reasonably high, as the time, technology, and costs are conceivable by the users of data.63 as has been argued, almost all companies seem to employ big data analytics to gain insights into their customers for purposes such as targeted advertising. this particular purpose logically falls under the scope of the education phase, since information about millions of people is collected for online profiling or behavioural targeting without knowing the data subjects’ names.64 for example, google claims it ‘reaches 90% of internet users worldwide’, and facebook now has over 1.7 billion monthly active users – more than the chinese population.114 today, new ways to track behaviour, habits, and personalities have emerged over the internet (online tracking). cookies are the most prominent form of online tracking. other types of web tracking include server logs, web beacons, and evercookies.65 legal protection for personal data: indonesian data protection regime in the eu, the primary rules of processing personal data are governed by data protection directive 95/46/ec. however, this directive will be repealed by a new regulation on data protection, namely the gdpr, on 25 may 2018 (article 94 of the gdpr). for the sake of argument, this paper will pay more attention to the gdpr rather than the 1995 directive. however, as side notes for the analysis, some of the directive’s provisions will be compared to the new provision in the gdpr. the legal definition of personal data within the (new) gdpr extends the scope of information privacy, which makes data protection rules more complex and more rigid, and thus unrealistic for big data processing. data protection laws should be simplified, give more attention to the primary underlying principles, and not translate the legal norms directly into technical requirements.66 in line with the fundamental rights of the eu, the primary ‘celebration’ is the choice of the legal instrument, a regulation in lieu of a directive, as there will be 63 angela daly, ‘privacy in automation: an appraisal of the emerging australian approach’, computer law and security review, 33.6 (2017), 836–46 https://doi.org/10.1016/j.clsr.2017.05.009 64 daly. 65 yuehua wu, ‘protecting personal data in e-government: a cross-country study’, government information quarterly, 31.1 (2014), 150–59 https://doi.org/10.1016/j.giq.2013.07.003 66 alessandro mantelero, ‘regulating big data. the guidelines of the council of europe in the context of the european data protection framework’, computer law and security review, 33.5 (2017), 584–602 https://doi.org/10.1016/j.clsr.2017.05.011 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2017.05.009 https://doi.org/10.1016/j.giq.2013.07.003 https://doi.org/10.1016/j.clsr.2017.05.011 52 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) no issues with inconsistencies and lack of harmonisation. according to the table below, the bundle of data protection novelties includes, inter alia, the right to be forgotten, right to data portability, data protection impact assessments (dpia), data protection by design and by default, a code of conduct, data protection officers (dpo), and others. the inclusion of the newcomer principle of accountability may reflect the due care that has been taken into account for future data protection requirements. the accountability principle entails at least five elements for its implementation, namely, keeping documentation, appointing dpos, having dpias, developing security measures and having security policies, plus data breach notifications.67 at this point, if the rules set out by the gdpr are considered from a different perspective, the gdpr arguably indicates the creation of a whole new industry, complete with its own marketable services, products, and professionals (e.g. dpos, accreditation bodies for certification and codes of conduct, impact assessments, and all relevant tasks, including new organisations and experts), required for demonstrating compliance properly. furthermore, it is arguable that data protection laws may be incomplete, as they try to conform to the high pace of technological changes that have made legal solutions ineffective.68 the 1945 constitution of the republic of indonesia implicitly expresses the protection of data in creating the right to the protection of personal property for citizens (data can be regarded as property in a broader sense in the indonesian language) (article 28g (1)). to date, specific legislation that is equal to an act (national law) with regard to data protection laws has not been adopted in indonesia. however, the executive branch has proposed a bill for the protection of data and private information; this bill is grouped into government priority legislation 2016 and is being discussed in the parliament. nevertheless, as a case of electronic data usage, it falls under the subject of electronic information and transactions, which is primarily regulated by ‘electronic information and transactions act no. 11 of 2008’ (eit act), amended by act no. 19 of 2016, plus its main delegated legislation: government regulation no. 82 of 2012, regarding provision of electronic systems and transactions (reg. 82).69 67 wenjie ding and li chen, ‘regulating the use of big data: justifications, perspectives and the chinese way forward’, computer law and security review, 46.100 (2022) https://doi.org/10.1016/j.clsr.2022.105729 68 tao huang and yuan zhao, ‘revolution of securities law in the internet age: a review on equity crowd-funding’, computer law and security review, 33.6 (2017), 802–10 https://doi.org/10.1016/j.clsr.2017.05.016 69 alexander savelyev, ‘russia’s new personal data localization regulations: a step forward or a self-imposed sanction?’, computer law and security review, 32.1 (2016), 128–45 https://doi.org/10.1016/j.clsr.2015.12.003 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2022.105729 https://doi.org/10.1016/j.clsr.2017.05.016 https://doi.org/10.1016/j.clsr.2015.12.003 issn 2807-2812 journal of human rights, culture and legal system 53 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) furthermore, on 7 november 2016, the indonesian ministry of communications and informatics introduced a new ministry regulation, entitled ‘the protection of personal data in the electronic system’ (ministry regulation no. 20 of 2016, hereafter called reg. 20/2016). the regulation distinguishes between ‘personal data’ and ‘certain individual data.’ the indonesian personal data definition refers to ‘certain individual data which is stored, treated, kept accurate and confidential.’ certain individual data legally means ‘any information inherently attached to an individual and [that] can be identified, directly or indirectly.’ the latter definition can be considered similar to what is called personal data in the eu data protection law. this kind of data should only be processed lawfully and to the extent that the data subject has given consent in a written declaration of the data subject’s wishes about the processing of his or her personal data for the explicit purposes for which they are processed (article 7 (1)). the collection of personal data should also be limited only to the relevant information and be processed accurately. if personal data is already in the public sphere, data processors may use it without the data subject’s consent (article 13).70 the definition of personal data is data about an individual which is stored and maintained, the correctness of which is preserved and its confidentiality protected (reg. 82 and eit act). there is no legal definition for the term ‘sensitive personal data,’ and there is no national data protection authority for data privacy. in spite of that, there are sectoral authorities that have specific competencies in data protection, namely the financial service authority and the competence certification body. furthermore, there are currently no laws and regulations concerning cookies and location data. consent is recognised as one legitimate basis for personal data processing, as regulated by either the eit act or reg. 82. 71 electronic system providers are obligated to establish a data centre and disaster recovery centre (article 15 (1) of reg. 82). reg. 82 also regulates obligations for electronic system providers, such as providing appropriate protections and ensuring the privacy of personal data, as well as ensuring the appropriate lawful use and disclosure of personal data. according to regulation 20/2016, privacy is defined as the freedom of data subjects to keep a secret or to disclose their personal data, unless prohibited by law. to make sense of that provision, providers of electronic systems must distinguish what data is personal, and then process it in compliance with relevant data protection laws. hence, organisational 70 chenguo zhang, ‘“sampling” is freedom of art: the german federal constitutional court deliberates on the acceptability of music sampling in the “metall auf metall” case’, computer law and security review, 33.6 (2017), 870–75 https://doi.org/10.1016/j.clsr.2017.06.005 71 sarah marschlich and diana ingenhoff, ‘stakeholder engagement in a multicultural context: the contribution of (personal) relationship cultivation to social capital’, public relations review, 47.4 (2021) https://doi.org/10.1016/j.pubrev.2021.102091 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2017.06.005 https://doi.org/10.1016/j.pubrev.2021.102091 54 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) and technical measures have to be adopted for data processing, in particular for ‘personal data’, despite the expanding concept of personal data. it is expected that such providers already know that advances in data analytics make all data potentially personal.72 the legal definition of personal data may be different from one country to another, and different countries apply different rules governing personal data collection and use. in the uk data protection act 1984, personal data, meant ‘data consisting of information which related to a living individual who can be identified from that information (or from that and other information in the possession of the data users), including any expression of opinion about the individual but not any indication of the intention of the data user in respect to that individual.’ ‘data’ is defined as information recorded in a form in which it can be processed by equipment operating economically in response to instructions given for that purposes.73 hence, that definition distinguishes between information based on the expression of a natural person and explicitly excludes that of the indication of intention of an individual. the identity of a natural person is limited to the expressed information, but not the mental status of a natural person, or even their preference, as long as it is kept as abstract information in mind with respect to that data subject. currently, in eu law, in particular the gdpr, personal data refers to any information about a natural person when such information can be used to identify, or at least is capable of identifying, that person by direct or indirect means, in particular by reference to an identifier such as a name, location data, an identification number, an online identifier, or any other identity, whether physical, physiological, genetic, mental, economic, cultural, or social (article 4 (1)).74 in contrast, in indonesia, existing legislation concerning information and electronic transactions (act no. 11 of 2008) does not provide a legal definition of personal data or its elements; nonetheless, such data is legally safeguarded by article 26 of that legislation. as is apparent in the bill on the protection of data and personal information proposed by the government (dated 2016), personal data legally means any data on a person’s life that is either identified or capable of 72 shujie cui and peng qi, ‘the legal construction of personal information protection and privacy under the chinese civil code’, computer law and security review, 41 (2021), 1–17 https://doi.org/10.1016/j.clsr.2021.105560 73 vladislav arkhipov and victor naumov, ‘the legal definition of personal data in the regulatory environment of the russian federation: between formal certainty and technological development’, computer law and security review, 32.6 (2016), 868–87 https://doi.org/10.1016/j.clsr.2016.07.009 74 daniela cohen and others, ‘the role of oxytocin in implicit personal space regulation: an fmri study’, psychoneuroendocrinology, 91.february (2018), 206–15 https://doi.org/10.1016/j.psyneuen.2018.02.036 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2021.105560 https://doi.org/10.1016/j.clsr.2016.07.009 https://doi.org/10.1016/j.psyneuen.2018.02.036 issn 2807-2812 journal of human rights, culture and legal system 55 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) being identified separately or combined with other information, by direct or indirect means and by electronic or non-electronic means (article 1(1)). such personal data includes, but is not limited to, a name, passport number, photo or video, telephone number, email, fingerprint, and dna profile.75 furthermore, in both the eu and indonesia, legislation recognises special categories of personal data (‘sensitive data’), which by its nature may pose a risk to the data subject and thus requires enhanced protections. the gdpr describes sensitive data as personal data revealing political opinions, racial or ethnic origin, religious or philosophical beliefs, and trade union membership. additionally, processing genetic data, data concerning health or a natural person’s sex life or sexual orientation, and biometric data for the purpose of uniquely identifying a natural person is only allowed with specific safeguards in compliance with rules within article 9 of gdpr, among other conditions: (a) with the explicit consent of the subject; (b) for the purpose of carrying out authorised obligations in the fields of employment, social security, and social protection law; (c) processing only in the course of the legitimate activities of a foundation, association, or any nonprofit body that has undisclosed personal data outside that body; (d) in the exercise or defence of legal claims or judicial proceedings; (e) for the purposes of preventive or occupational medicine, medical diagnosis, health or social care/treatment or its management, with reference to necessary reasons of public interest in the area of public health; (f) processing for achieving a purpose in the public interest, statistical purposes, or scientific and historical research purposes, with regard to proportionate measures in light of data protection laws and safeguarding fundamental rights and the interest of the data subjects.76 the indonesian bill on the protection of data and personal information defines sensitive data as data related to religious or other beliefs, health, mental and physical condition, sex life, personal financial data, and other data that likely to jeopardise the privacy of the data subject (article 1 (3)). the processing of sensitive data may be allowed by written agreement in relation to (a) safety protection of the data subject; (b) for exercising rights and obligations according to employment law; (c) for purposes of medical care/treatment; (d) legal enforcement; (e) exercising the functions of lawful authorities; (f) processing sensitive data which is already in the public domain because it was publicly made so by the data subject. 75 mohammed b. degnet and others, ‘the role of personal values and personality traits in environmental concern of non-industrial private forest owners in sweden’, forest policy and economics, 141.may (2022) https://doi.org/10.1016/j.forpol.2022.102767 76 david erdos, ‘the uk and the eu personal data framework after brexit: a new trade and cooperation partnership grounded in council of europe convention 108+?’, computer law and security review, 44 (2022), 1–17 https://doi.org/10.1016/j.clsr.2021.105639 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.forpol.2022.102767 https://doi.org/10.1016/j.clsr.2021.105639 56 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) given these definitions, any kind of information can be personal data provided that it relates to a person. in the judgment of the amann case in the european court of human rights (ecthr), the term ‘personal data’ was not only limited to matters of the private sphere of an individual, but also to professional life (para. 65). in the judgment in volker and markus schecke and hartmut eifert v. land hessen, the court of justice (cjeu) held that the term ‘private life’ under the heading ‘right to respect for private life and family life’ in article 8 of the european convention of human rights and fundamental freedoms (signed in rome on 4 november 1950), ‘shall not be interpreted restrictively and that there is no reason of principle to justify excluding activities of a professional […] nature from the notion of private life’ (para. 59). in addition, according to ecthr case law, public information can be categorised under the scope of private life when it is systematically collected and stored in files held by authorities. moreover, the form and appearance of personal data are not relevant to the applicability of european data protection laws and also the ex ante indonesian legislation. many types of information may contain personal data, such as information, explanations, communications, statements, opinions, signs, etc which contains a value, a meaning, or a message; things that can be seen, heard, or read; and information presented in various forms and formats through either electronic or non-electronic means. this covers written and spoken communications, images, closed-circuit television (cctv) footage, sound, electronic information, information on paper, and a sample of human tissue.77 given the legal definition of personal data, the definition of non-personal data can be formulated as data that may refer to any information relating to a nonnatural person when such information does not convey any identification of a natural person, whether directly or indirectly, such as the general confidential information of businesses, statistical data, intellectual property assets (e.g. standard essential patents and trade secrets), security information, and so forth. non-personal data also refers to anonymous information/data, namely information which does not relate to an identified or identifiable natural person, or personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable. in other word, anonymisation means excluding any personal identifiers from data sets.78 77 asli deniz helvacioglu and hanna stakheyeva, ‘the tale of two data protection regimes: the analysis of the recent law reform in turkey in the light of eu novelties’, computer law and security review, 33.6 (2017), 811–24 https://doi.org/10.1016/j.clsr.2017.05.014 78 bingbin lu, ‘the unique chinese legal approach to online ad blocking: is it in the right direction?’, computer law and security review, 33.6 (2017), 786–801 https://doi.org/10.1016/j.clsr.2017.05.012 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2017.05.014 https://doi.org/10.1016/j.clsr.2017.05.012 issn 2807-2812 journal of human rights, culture and legal system 57 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) not all data processed by big data analytics contain personal information. machine data (e.g. data from sensors installed in refineries and data on airport weather), for example, do not contain personal information. this data is also known as operational data, which is often landlocked in operational systems like information from manufacturing equipment, industrial machineries, or chemical boilers. thus, big data analyses of such data do not practically pose a risk to privacy or processing personal data.79 gdpr states that a disproportionate effort to identify a natural person may not lead to personal data when the identification processes requires unreasonable costs and time with reference to available technological resources and development. accordingly, there may be circumstances where an individual is ‘easily identifiable’ and data protection laws apply. however, with indirectly identifiable data, such as from ip address, cookies, and other online scrutiny technologies, it is difficult to ascertain whether that is personal data or not, as determined solely by the proportionate or disproportionate efforts test. however, nonpersonal data can become personal data depending on its use and retention, and the accumulation of non-personal information may possibly give rise to obtaining information on a natural person.80 impact on privacy and data protection in indonesia outside form of big data is data gathering or tracking by means of cookies and any other web tracking apps and analytics (e.g. google analytics). wealthy countries such the eu and the us initially proposed how to tackle privacy and data protection issues. private entities have also started new business models for the techno-regulation of privacy-friendly solutions, such as ghostery™, which allows complete control of online browsing free from trackers, and brave internet browser, which automatically blocks ads and trackers. as privacy breaches were one of the first visible problems to arise at unprecedented level due to massive (personal and non-personal) data processing in both centralised and decentralised analytics servers in real time. the direct solution in response to these challenges is to strengthen data subjects’ control of their personal data, taking into account the free movement of data for a fair economics market and crime prevention. hence, commentators often suggest the standard solution of consent by means of notice 79 jaqueline de godoy, kathrin otrel-cass, and kristian høyer toft, ‘transformations of trust in society: a systematic review of how access to big data in energy systems challenges scandinavian culture’, energy and ai, 5.april (2021) https://doi.org/10.1016/j.egyai.2021.100079 80 zhiheng chen and others, ‘using mobile phone big data to identify inequity of artificial light at night exposure: a case study in tokyo’, cities, 128.may (2022), 3–5 https://doi.org/10.1016/j.cities.2022.103803 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.egyai.2021.100079 https://doi.org/10.1016/j.cities.2022.103803 58 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) and choice and using specifications and limits, data minimisation, and transparency to overcome potential privacy problems brought up by big data.81 scholars have identified potential impacts of big data technologies on the core of data subjects’ right to privacy (private life) and data protection. processing personal data within big data platforms may be exempt from liability under data protection regulations if the data being processed is qualified as non-personal data. nonetheless, important considerations have to be thoroughly examined, namely (a) the possibility of an incorrect claim that data is qualified as ‘personal’ and (b) that processing non-personal data may also constitute an unlawful infringement of the right to respect for private life. during the gdpr’s negotiations in the european parliament, an official reporter outlined issues up for negotiation, such as (i) the data subject must be informed about what happens to their data, and they must be able to continuously grant their consent whether to accept or reject to data processing; (ii) all information that may directly or indirectly pertain to a person is defined as personal data and thus needs to be protected as such; and (iii) data protection by design and by default should to be encouraged, including data minimisation and data protection-friendly presettings.82 until a certain point, data are not considered personal data (when they are not connected to any identified or identifiable individual), but might later be rediscovered by big data analytics to be linked to an actual, precise person. accordingly, it is necessary to fully understand (e.g. scopes and limits) identifiability and the legal concept and definition of ‘personal data’ in the big data era. as noted by the edps, legal protections formulated by laws (e.g. gdpr) are not only supposed to safeguard fundamental rights (e.g. the right to the protection of personal data, right of access to data, and right to rectify it) but also go beyond this, when data-driven technologies progressively converge with artificial intelligence.83 certain challenges related to this must be given particular attention, including, transparency of the data controllers. data controllers must legally provide to data subjects information about the processing of their data (including repurposing data processing, or what happens to their data) and their (digital) rights laid down by law (especially according to the gdpr), and this information must be presented in a clear manner. furthermore, other protection mechanisms may be sought in anticipating unpredicted data processing practices, such as when it is 81 li and saxunová. 82 valero and others. 83 oksas and others. https://www.jhcls.org/index.php/jhcls issn 2807-2812 journal of human rights, culture and legal system 59 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) incorporated into cloud computing technologies and smart devices (e.g. wearable devices).84 balancing the interest of data subjects against public interests and legitimate interests pursued by the controllers or by a third party. in a fair and proportionate way, the possibility of a legitimate basis for data processing must not be overstretched at a certain level vis-à-vis any possible third-party interests. one mechanism to create a proportional and fair balance is to encourage the data minimisation concept in the big data platform. consent in the big data platform might be problematic because the purpose limitation does not fit with big data analytics, like in the case of machine learning. from a technological and economic standpoint, it might be a bit challenging and expensive to ask for consent again for global or multilevel data processing with millions of data subjects in diverse jurisdictions and with heterogeneous interests – for example, asking data subjects’ consent for transforming printed books to digital books and/or future forms of expression that are compatible with state-of-the-art smart devices. for this, the data subject is often mediated or delegated by these instruments and applications.85 in practice, people do not seriously spend time and intellectual effort reading privacy terms, even if they have been presented in a short, layered/structured, and clear message. there is a trade-off that cannot be ignored between practical and meaningful consent. do data subjects truly know what they are consenting to? the answer seems sceptical these days. special categories of data (‘sensitive data’). currently, many apps and devices gather location data and other sensitive data (e.g. relationship with a person and relatives that can usually be used as an alternative password to log into digital information services).86 it is important to note that non-sensitive data processing may lead to revealing sensitive and personal information when employing data mining. automated processing. data protection laws set rules prohibiting automated processing, unless in exceptional conditions or with specific safeguards. for example, article 11 of the gdpr states that automated individual decision making is not allowed unless, in essence, it is authorised by law, providing an appropriate safeguard for the rights and freedoms of the data subjects, and human shall interfere the process. this provision arguably only focuses on the final moment when there is such automated processing that ‘significantly’ affect the data subjects. the unaddressed issue is the ways in which data about a person is used to make decisions about 84 van den broek and van veenstra. 85 chua, ooi, and herbland. 86 shen and others. https://www.jhcls.org/index.php/jhcls 60 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) another person, and the manners in which the decision techniques are reached. arguably, further transparency is required for such pending issues.87 data protection laws achieve two objectives: (1) to facilitate the free flow of data and (2) to provide minimum protections for personal data. the prior objective is likely anchored in the achievement of an internal market, and the rationale of the latter objective is to safeguard the protection of the fundamental rights and freedoms of individuals. the analysis of data protection and big data shows the challenges and (potential) implications for issues such as the validity of consent, purpose limitation principle, anonymisation and identifiable personal data, transformative use of data, profiling developments, legitimate interests, and the enforcement of data protection rights. hence, the central scope of data protection laws involves protecting personal data. however, in the context of big data, the nature of data means it is not easy to evaluate whether scattered data is considered personal information (private and professional life), since it still reveals a name of an individual, as long as a natural person is distinguished from other individuals (identity and identifiability) on the basis of such data. in that regard, the likelihood of data being identifiable for individuals should be addressed in order to illuminate the nature of data, in particular whether the data are personal, as this is crucial for the purpose of data protection. 4. conclusion data protection laws provide minimum protections for personal data, as well as facilitate the free flow of such data, by setting out principles and rules for legitimate data processing. in the big data context, personal data may not be as easy to distinguish as in traditional data processing, and that makes policy-makers and businesses turn to the identifiability concept: in other words, what data are personal. to understand such paramount terminology in data protection law, relevant factors are presented to assess the direct or indirect identification of a natural person. as has been discussed, the assessment constitutes the legality test, which in essence explicitly excludes illegal means for gathering additional and identifying information, and then evaluates using the ‘likely reasonable test’, which takes into account costs in a broad sense for means of identification. in the eu data protection law, the test entails, for example, risk-based measures and technological development, whereas indonesian law on data protection has not yet established such assessments. data within big data operations traditionally falls under the scope of data protection laws only if it discloses the private life of individuals, such as names or other civil identities, but without further conditions to ascertain whether the data can be indirectly identified with an individual. 87 li and saxunová. https://www.jhcls.org/index.php/jhcls issn 2807-2812 journal of human rights, culture and legal system 61 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) accordingly, for that particular developing country, the forthcoming benefits of big data and the legal definition of personal data, with regard to the indirect identification of a natural person, have not been formulated in the current national law that covers data protection law. the boundaries of personal data set out by the laws, however, likely do not suffice as a good instrument for determining what data are personal because personal information includes not only the expressed identity (identified identity) but also the state of mind, interest, and mental abilities of a natural person (identifiable identity). therefore, the relevant soft values and open norms with regard to the identifiability concept should be rooted in the foundations and goals of data protection laws, particular safeguarding data subjects’ human dignity. the soft values and open norms under the concept of identifiability should be clarified by providing detailed guidelines with artificial examples or possible scenarios that may occur in the advanced data analytics of the big data era. these guidelines should be formulated by supervisory authorities to at least make sure that sensible data protection rules and principles are fully applied in the ongoing technological development of data analytics. henceforth, philosophically speaking, data subjects’ human dignity rests in being master of their own journeys and keeping their identities and choices open. any regulatory approach to defining personal data should be framed under that consideration, as a prescriptive guidance to ascertain the defensible answer, in the future, for questions like whether this (sub) kind of data is an integral part of data subject’s human dignity, not merely narrowing or expanding the legal boundaries of personal data. references acciarini, chiara, francesco cappa, paolo boccardelli, and raffaele oriani, ‘how can organizations leverage big data to innovate their business models? a systematic literature review’, technovation, in press.may 2022 (2023), 102713 https://doi.org/10.1016/j.technovation.2023.102713 agesilaou, andria, and eleni a. kyza, ‘whose data are they? elementary school students’ conceptualization of data ownership and privacy of personal digital data’, international journal of child-computer interaction, 33 (2022) https://doi.org/10.1016/j.ijcci.2022.100462 antusch, s., r. custers, h. marien, and h. aarts, ‘intentional action and limitation of personal autonomy. do restrictions of action selection decrease the sense of agency?’, consciousness and cognition, 88.january (2021), 103076 https://doi.org/10.1016/j.concog.2021.103076 arkhipov, vladislav, and victor naumov, ‘the legal definition of personal data in the regulatory environment of the russian federation: between formal https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.technovation.2023.102713 https://doi.org/10.1016/j.ijcci.2022.100462 https://doi.org/10.1016/j.concog.2021.103076 62 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) certainty and technological development’, computer law and security review, 32.6 (2016), 868–87 https://doi.org/10.1016/j.clsr.2016.07.009 bataineh, ahmed saleh, rabeb mizouni, jamal bentahar, and may el barachi, ‘toward monetizing personal data: a two-sided market analysis’, future generation computer systems, 111 (2020), 435–59 https://doi.org/10.1016/j.future.2019.11.009 belen saglam, rahime, jason r.c. nurse, and duncan hodges, ‘personal information: perceptions, types and evolution’, journal of information security and applications, 66.march (2022), 103163 https://doi.org/10.1016/j.jisa.2022.103163 bolognini, luca, and camilla bistolfi, ‘pseudonymization and impacts of big (personal/anonymous) data processing in the transition from the directive 95/46/ec to the new eu general data protection regulation’, computer law and security review, 33.2 (2017), 171–81 https://doi.org/10.1016/j.clsr.2016.11.002 van den broek, tijs, and anne fleur van veenstra, ‘governance of big data collaborations: how to balance regulatory compliance and disruptive innovation’, technological forecasting and social change, 129.september 2017 (2018), 330–38 https://doi.org/10.1016/j.techfore.2017.09.040 burden, kit, ‘eu update’, computer law and security review, 33.6 (2017), 884–91 https://doi.org/10.1016/j.clsr.2017.10.001 chen, zhiheng, peiran li, yanxiu jin, yuan jin, jinyu chen, wenjing li, and others, ‘using mobile phone big data to identify inequity of artificial light at night exposure: a case study in tokyo’, cities, 128.may (2022), 3–5 https://doi.org/10.1016/j.cities.2022.103803 choi, jay pil, doh shin jeon, and byung cheol kim, ‘privacy and personal data collection with information externalities’, journal of public economics, 173 (2019), 113–24 https://doi.org/10.1016/j.jpubeco.2019.02.001 chua, hui na, jie sheng ooi, and anthony herbland, ‘the effects of different personal data categories on information privacy concern and disclosure’, computers and security, 110 (2021), 102453 https://doi.org/10.1016/j.cose.2021.102453 clancy, sian, frank owusu-sekyere, jake shelley, annalena veltmaat, alessandra de maria, and andrea petróczi, ‘the role of personal commitment to integrity in clean sport and anti-doping’, performance enhancement and health, 10.4 (2022) https://doi.org/10.1016/j.peh.2022.100232 clarke, roger, ‘can small users recover from the cloud?’, computer law and security review, 33.6 (2017), 754–67 https://doi.org/10.1016/j.clsr.2017.08.004 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2016.07.009 https://doi.org/10.1016/j.future.2019.11.009 https://doi.org/10.1016/j.jisa.2022.103163 https://doi.org/10.1016/j.clsr.2016.11.002 https://doi.org/10.1016/j.techfore.2017.09.040 https://doi.org/10.1016/j.clsr.2017.10.001 https://doi.org/10.1016/j.cities.2022.103803 https://doi.org/10.1016/j.jpubeco.2019.02.001 https://doi.org/10.1016/j.cose.2021.102453 https://doi.org/10.1016/j.peh.2022.100232 https://doi.org/10.1016/j.clsr.2017.08.004 issn 2807-2812 journal of human rights, culture and legal system 63 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) cohen, daniela, anat perry, naama mayseless, oded kleinmintz, and simone g. shamay-tsoory, ‘the role of oxytocin in implicit personal space regulation: an fmri study’, psychoneuroendocrinology, 91.february (2018), 206–15 https://doi.org/10.1016/j.psyneuen.2018.02.036 cui, shujie, and peng qi, ‘the legal construction of personal information protection and privacy under the chinese civil code’, computer law and security review, 41 (2021), 1–17 https://doi.org/10.1016/j.clsr.2021.105560 custers, bart, and gianclaudio malgieri, ‘priceless data: why the eu fundamental right to data protection is at odds with trade in personal data’, computer law and security review, 45 (2022), 105683 https://doi.org/10.1016/j.clsr.2022.105683 cuzzocrea, alfredo, carson k. leung, anifat m. olawoyin, and edoardo fadda, ‘supporting privacy-preserving big data analytics on temporal open big data’, procedia computer science, 198.2021 (2021), 112–21 https://doi.org/10.1016/j.procs.2021.12.217 daly, angela, ‘privacy in automation: an appraisal of the emerging australian approach’, computer law and security review, 33.6 (2017), 836–46 https://doi.org/10.1016/j.clsr.2017.05.009 degnet, mohammed b., helena hansson, marjanke a. hoogstra-klein, and anders roos, ‘the role of personal values and personality traits in environmental concern of non-industrial private forest owners in sweden’, forest policy and economics, 141.may (2022) https://doi.org/10.1016/j.forpol.2022.102767 ding, wenjie, and li chen, ‘regulating the use of big data: justifications, perspectives and the chinese way forward’, computer law and security review, 46.100 (2022) https://doi.org/10.1016/j.clsr.2022.105729 elliot, mark, kieron o’hara, charles raab, christine m. o’keefe, elaine mackey, chris dibben, and others, ‘functional anonymisation: personal data and the data environment’, computer law and security review, 34.2 (2018), 204–21 https://doi.org/10.1016/j.clsr.2018.02.001 erdos, david, ‘the uk and the eu personal data framework after brexit: a new trade and cooperation partnership grounded in council of europe convention 108+?’, computer law and security review, 44 (2022), 1–17 https://doi.org/10.1016/j.clsr.2021.105639 feng, fei, xia wang, and tianxiang chen, ‘analysis of the attributes of rights to inferred information and china’s choice of legal regulation’, computer law and security review, 41 (2021) https://doi.org/10.1016/j.clsr.2021.105565 georgiadis, georgios, and geert poels, ‘towards a privacy impact assessment https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.psyneuen.2018.02.036 https://doi.org/10.1016/j.clsr.2021.105560 https://doi.org/10.1016/j.clsr.2022.105683 https://doi.org/10.1016/j.procs.2021.12.217 https://doi.org/10.1016/j.clsr.2017.05.009 https://doi.org/10.1016/j.forpol.2022.102767 https://doi.org/10.1016/j.clsr.2022.105729 https://doi.org/10.1016/j.clsr.2018.02.001 https://doi.org/10.1016/j.clsr.2021.105639 https://doi.org/10.1016/j.clsr.2021.105565 64 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) methodology to support the requirements of the general data protection regulation in a big data analytics context: a systematic literature review’, computer law and security review, 44 (2022) https://doi.org/10.1016/j.clsr.2021.105640 giacalone, m., d. c. sinitò, m. v. calciano, and v. santarcangelo, ‘a novel big data approach for record and represent compliance in the covid-19 era’, big data research, 27 (2022) https://doi.org/10.1016/j.bdr.2021.100290 giancaspro, mark, ‘is a “smart contract” really a smart idea? insights from a legal perspective’, computer law and security review, 33.6 (2017), 825–35 https://doi.org/10.1016/j.clsr.2017.05.007 godoy, jaqueline de, kathrin otrel-cass, and kristian høyer toft, ‘transformations of trust in society: a systematic review of how access to big data in energy systems challenges scandinavian culture’, energy and ai, 5.april (2021) https://doi.org/10.1016/j.egyai.2021.100079 hansson, helena, and jaap sok, ‘perceived obstacles for business development: construct development and the impact of farmers’ personal values and personality profile in the swedish agricultural context’, journal of rural studies, 81.september 2020 (2021), 17–26 https://doi.org/10.1016/j.jrurstud.2020.12.004 hasanzadeh, kamyar, anna kajosaari, dan häggman, and marketta kyttä, ‘a context sensitive approach to anonymizing public participation gis data: from development to the assessment of anonymization effects on data quality’, computers, environment and urban systems, 83.april (2020), 101513 https://doi.org/10.1016/j.compenvurbsys.2020.101513 hassan, shafiqul, mohsin dhali, fazluz zaman, and muhammad tanveer, ‘big data and predictive analytics in healthcare in bangladesh: regulatory challenges’, heliyon, 7.6 (2021) https://doi.org/10.1016/j.heliyon.2021.e07179 helvacioglu, asli deniz, and hanna stakheyeva, ‘the tale of two data protection regimes: the analysis of the recent law reform in turkey in the light of eu novelties’, computer law and security review, 33.6 (2017), 811–24 https://doi.org/10.1016/j.clsr.2017.05.014 huang, tao, and yuan zhao, ‘revolution of securities law in the internet age: a review on equity crowd-funding’, computer law and security review, 33.6 (2017), 802–10 https://doi.org/10.1016/j.clsr.2017.05.016 jiang, jinglin, li liao, xi lu, zhengwei wang, and hongyu xiang, ‘deciphering big data in consumer credit evaluation’, journal of empirical finance, 62.august 2020 (2021), 28–45 https://doi.org/10.1016/j.jempfin.2021.01.009 karjalainen, tuulia, ‘the battle of power: enforcing data protection law against https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2021.105640 https://doi.org/10.1016/j.bdr.2021.100290 https://doi.org/10.1016/j.clsr.2017.05.007 https://doi.org/10.1016/j.egyai.2021.100079 https://doi.org/10.1016/j.jrurstud.2020.12.004 https://doi.org/10.1016/j.compenvurbsys.2020.101513 https://doi.org/10.1016/j.heliyon.2021.e07179 https://doi.org/10.1016/j.clsr.2017.05.014 https://doi.org/10.1016/j.clsr.2017.05.016 https://doi.org/10.1016/j.jempfin.2021.01.009 issn 2807-2812 journal of human rights, culture and legal system 65 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) companies holding data power’, computer law and security review, 47.august 2018 (2022), 105742 https://doi.org/10.1016/j.clsr.2022.105742 kennedy, gabriela, ‘asia pacific news’, computer law and security review, 33.6 (2017), 896–904 https://doi.org/10.1016/j.clsr.2017.09.006 li, yuanxin, and darina saxunová, ‘a perspective on categorizing personal and sensitive data and the analysis of practical protection regulations’, procedia computer science, 170 (2020), 1110–15 https://doi.org/10.1016/j.procs.2020.03.060 lin, zhengzheng, and yanqin jiang, ‘character strengths, meaning in life, personal goal, and career adaptability among impoverished college students: a chain-mediating model’, heliyon, 9.august 2022 (2023), e13232 https://doi.org/10.1016/j.heliyon.2023.e13232 liu, cheng yong, ling jan chiou, cheng chung li, and xiu wen ye, ‘analysis of beijing tianjin hebei regional credit system from the perspective of big data credit reporting’, journal of visual communication and image representation, 59 (2019), 300–308 https://doi.org/10.1016/j.jvcir.2019.01.018 liu, tianqi, chukwunonso o. aniagor, marcel i. ejimofor, matthew c. menkiti, kuok ho daniel tang, bridgid lai fui chin, and others, ‘technologies for removing pharmaceuticals and personal care products (ppcps) from aqueous solutions: recent advances, performances, challenges and recommendations for improvements’, journal of molecular liquids, 374 (2022), 121144 https://doi.org/10.1016/j.molliq.2022.121144 liu, yu li, luyan huang, wenjia yan, xinghan wang, and ruochen zhang, ‘privacy in ai and the iot: the privacy concerns of smart speaker users and the personal information protection law in china’, telecommunications policy, 46.7 (2022), 102334 https://doi.org/10.1016/j.telpol.2022.102334 liu, yue, ‘user control of personal information concerning mobile-app: notice and consent?’, computer law and security review, 30.5 (2014), 521–29 https://doi.org/10.1016/j.clsr.2014.07.008 liu, zhao ge, xiang yang li, and xiao han zhu, ‘scenario modeling for government big data governance decision-making: chinese experience with public safety services’, information and management, 59.3 (2022), 103622 https://doi.org/10.1016/j.im.2022.103622 lu, bingbin, ‘the unique chinese legal approach to online ad blocking: is it in the right direction?’, computer law and security review, 33.6 (2017), 786–801 https://doi.org/10.1016/j.clsr.2017.05.012 lubis, muharman, and dini oktarina d. handayani, ‘the relationship of personal data protection towards internet addiction: cyber crimes, pornography and https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2022.105742 https://doi.org/10.1016/j.clsr.2017.09.006 https://doi.org/10.1016/j.procs.2020.03.060 https://doi.org/10.1016/j.heliyon.2023.e13232 https://doi.org/10.1016/j.jvcir.2019.01.018 https://doi.org/10.1016/j.molliq.2022.121144 https://doi.org/10.1016/j.telpol.2022.102334 https://doi.org/10.1016/j.clsr.2014.07.008 https://doi.org/10.1016/j.im.2022.103622 https://doi.org/10.1016/j.clsr.2017.05.012 66 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) reduced physical activity’, procedia computer science, 197.2021 (2021), 151–61 https://doi.org/10.1016/j.procs.2021.12.129 malgieri, gianclaudio, and bart custers, ‘pricing privacy – the right to know the value of your personal data’, computer law and security review, 34.2 (2018), 289–303 https://doi.org/10.1016/j.clsr.2017.08.006 mantelero, alessandro, ‘regulating big data. the guidelines of the council of europe in the context of the european data protection framework’, computer law and security review, 33.5 (2017), 584–602 https://doi.org/10.1016/j.clsr.2017.05.011 marinova, galia, aida bitri, and marsida ibro, ‘the role of women in the digital age: balancing professional and personal challenges during the covid-19 pandemic’, ifac-papersonline, 54.13 (2021), 539–44 https://doi.org/10.1016/j.ifacol.2021.10.505 marschlich, sarah, and diana ingenhoff, ‘stakeholder engagement in a multicultural context: the contribution of (personal) relationship cultivation to social capital’, public relations review, 47.4 (2021) https://doi.org/10.1016/j.pubrev.2021.102091 mendelson, d., and d. mendelson, ‘legal protections for personal health information in the age of big data – a proposal for regulatory framework’, ethics, medicine and public health, 3.1 (2017), 37–55 https://doi.org/10.1016/j.jemep.2017.02.005 métayer, daniel le, mathias bossuet, fanny coudert, claire gayrel, francisco jaime, christophe jouvray, and others, ‘interdisciplinarity in practice: challenges and benefits for privacy research’, computer law and security review, 33.6 (2017), 864–69 https://doi.org/10.1016/j.clsr.2017.05.020 milkaite, ingrida, ralf de wolf, eva lievens, tom de leyn, and marijn martens, ‘children’s reflections on privacy and the protection of their personal data: a child-centric approach to data protection information formats’, children and youth services review, 129.december 2020 (2021) https://doi.org/10.1016/j.childyouth.2021.106170 mullins, martin, christopher p. holland, and martin cunneen, ‘creating ethics guidelines for artificial intelligence and big data analytics customers: the case of the consumer european insurance market’, patterns, 2.10 (2021) https://doi.org/10.1016/j.patter.2021.100362 oksas, catherine, julia green brody, phil brown, katherine e. boronow, erin demicco, annemarie charlesworth, and others, ‘perspectives of peripartum people on opportunities for personal and collective action to reduce exposure to everyday chemicals: focus groups to inform exposure reporthttps://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.procs.2021.12.129 https://doi.org/10.1016/j.clsr.2017.08.006 https://doi.org/10.1016/j.clsr.2017.05.011 https://doi.org/10.1016/j.ifacol.2021.10.505 https://doi.org/10.1016/j.pubrev.2021.102091 https://doi.org/10.1016/j.jemep.2017.02.005 https://doi.org/10.1016/j.clsr.2017.05.020 https://doi.org/10.1016/j.childyouth.2021.106170 https://doi.org/10.1016/j.patter.2021.100362 issn 2807-2812 journal of human rights, culture and legal system 67 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) back’, environmental research, 212.december 2021 (2022) https://doi.org/10.1016/j.envres.2022.113173 pantlin, nick, ‘european national news’, computer law and security review, 33.6 (2017), 892–95 https://doi.org/10.1016/j.clsr.2017.10.002 papakonstantinou, vagelis, and paul de hert, ‘big data analytics in electronic communications: a reality in need of granular regulation (even if this includes an interim period of no regulation at all)’, computer law and security review, 36.november 2015 (2020), 105397 https://doi.org/10.1016/j.clsr.2020.105397 pauletto, christian, ‘options towards a global standard for the protection of individuals with regard to the processing of personal data’, computer law and security review, 40.3 (2021), 371–81 https://doi.org/10.1016/j.clsr.2020.105433 perner, petra, and uwe zscherpel, ‘engineering applications of artificial intelligence: editorial’, engineering applications of artificial intelligence, 15.2 (2002), 121 https://doi.org/10.1016/s0952-1976(02)00027-1 purtova, nadezhda, ‘default entitlements in personal data in the proposed regulation: informational self-determination off the table. and back on again?’, computer law and security review, 30.1 (2014), 6–24 https://doi.org/10.1016/j.clsr.2013.12.006 rhahla, mouna, sahar allegue, and takoua abdellatif, ‘guidelines for gdpr compliance in big data systems’, journal of information security and applications, 61.june (2021) https://doi.org/10.1016/j.jisa.2021.102896 rubeis, giovanni, ‘ihealth: the ethics of artificial intelligence and big data in mental healthcare’, internet interventions, 28.august 2021 (2022), 100518 https://doi.org/10.1016/j.invent.2022.100518 savelyev, alexander, ‘russia’s new personal data localization regulations: a step forward or a self-imposed sanction?’, computer law and security review, 32.1 (2016), 128–45 https://doi.org/10.1016/j.clsr.2015.12.003 shen, yuncheng, bing guo, yan shen, xuliang duan, xiangqian dong, hong zhang, and others, ‘personal big data pricing method based on differential privacy’, computers and security, 113 (2022), 102529 https://doi.org/10.1016/j.cose.2021.102529 silva, jesus, darwin solano, claudia fernandez, ligia romero, and jesus vargas villa, ‘privacy preserving, protection of personal data, and big data: a review of the colombia case’, procedia computer science, 151.2018 (2019), 1213–18 https://doi.org/10.1016/j.procs.2019.04.174 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.envres.2022.113173 https://doi.org/10.1016/j.clsr.2017.10.002 https://doi.org/10.1016/j.clsr.2020.105397 https://doi.org/10.1016/j.clsr.2020.105433 https://doi.org/10.1016/s0952-1976(02)00027-1 https://doi.org/10.1016/j.clsr.2013.12.006 https://doi.org/10.1016/j.jisa.2021.102896 https://doi.org/10.1016/j.invent.2022.100518 https://doi.org/10.1016/j.clsr.2015.12.003 https://doi.org/10.1016/j.cose.2021.102529 https://doi.org/10.1016/j.procs.2019.04.174 68 journal of human rights, culture and legal system issn 2807-2812 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) steppe, richard, ‘online price discrimination and personal data: a general data protection regulation perspective’, computer law and security review, 33.6 (2017), 768–85 https://doi.org/10.1016/j.clsr.2017.05.008 de terwangne, cécile, ‘council of europe convention 108+: a modernised international treaty for the protection of personal data’, computer law and security review, 40.july 2013 (2021), 3–4 https://doi.org/10.1016/j.clsr.2020.105497 václav jane ˇcek, ‘ownership of personal data in the internet of václav jane c’, computer law & security review, 34.2018 (2020), 1039–52 https://doi.org/https://doi.org/10.1016/j.clsr.2018.04.007 valero, cayetano, jaime pérez, sonia solera-cotanilla, mario vega-barbas, guillermo suarez-tangil, manuel alvarez-campana, and others, ‘analysis of security and data control in smart personal assistants from the user’s perspective’, future generation computer systems, 2023 https://doi.org/10.1016/j.future.2023.02.009 vellinga, nynke e., ‘from the testing to the deployment of self-driving cars: legal challenges to policymakers on the road ahead’, computer law and security review, 33.6 (2017), 847–63 https://doi.org/10.1016/j.clsr.2017.05.006 wan, yong, ‘deep linking does not constitute a “making available to the public”: the perspective of beijing intellectual property court’, computer law and security review, 33.6 (2017), 876–83 https://doi.org/10.1016/j.clsr.2017.05.013 warso, zuzanna, ‘there’s more to it than data protection-fundamental rights, privacy and the personal/household exemption in the digital age’, computer law and security review, 29.5 (2013), 491–500 https://doi.org/10.1016/j.clsr.2013.07.002 wiltshire, deborah, and seraphim alvanides, ‘ensuring the ethical use of big data: lessons from secure data access’, heliyon, 8.2 (2022), e08981 https://doi.org/10.1016/j.heliyon.2022.e08981 wu, yuehua, ‘protecting personal data in e-government: a cross-country study’, government information quarterly, 31.1 (2014), 150–59 https://doi.org/10.1016/j.giq.2013.07.003 yu, xiaolan, and yun zhao, ‘dualism in data protection: balancing the right to personal data and the data property right’, computer law and security review, 35.5 (2019), 1–11 https://doi.org/10.1016/j.clsr.2019.04.001 yuvaraj, joshua, ‘how about me? the scope of personal information under the australian privacy act 1988’, computer law and security review, 34.1 (2018), 47–66 https://doi.org/10.1016/j.clsr.2017.05.019 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2017.05.008 https://doi.org/10.1016/j.clsr.2020.105497 https://doi.org/https:/doi.org/10.1016/j.clsr.2018.04.007 https://doi.org/10.1016/j.future.2023.02.009 https://doi.org/10.1016/j.clsr.2017.05.006 https://doi.org/10.1016/j.clsr.2017.05.013 https://doi.org/10.1016/j.clsr.2013.07.002 https://doi.org/10.1016/j.heliyon.2022.e08981 https://doi.org/10.1016/j.giq.2013.07.003 https://doi.org/10.1016/j.clsr.2019.04.001 https://doi.org/10.1016/j.clsr.2017.05.019 issn 2807-2812 journal of human rights, culture and legal system 69 vol. 3, no. 1, march 2023, pp. 33-69 daniar supriyadi, (the regulation of personal and non-personal data…) zhang, chenguo, ‘“sampling” is freedom of art: the german federal constitutional court deliberates on the acceptability of music sampling in the “metall auf metall” case’, computer law and security review, 33.6 (2017), 870–75 https://doi.org/10.1016/j.clsr.2017.06.005 zhang, lu, ‘“personal information of privacy nature’”under chinese civil code’, computer law and security review, 43 (2021) https://doi.org/10.1016/j.clsr.2021.105637 zharova, anna konstantinovna, and vladimir mikhailovich elin, ‘the use of big data: a russian perspective of personal data security’, computer law and security review, 33.4 (2017), 482–501 https://doi.org/10.1016/j.clsr.2017.03.025 zheng, guan, ‘trilemma and tripartition: the regulatory paradigms of crossborder personal data transfer in the eu, the u.s. and china’, computer law and security review, 43 (2021), 105610 https://doi.org/10.1016/j.clsr.2021.105610 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.clsr.2017.06.005 https://doi.org/10.1016/j.clsr.2021.105637 https://doi.org/10.1016/j.clsr.2017.03.025 https://doi.org/10.1016/j.clsr.2021.105610 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 180-193 180 https://doi.org/10.53955/jhcls.v1i3.16 journalhumanrightslegalsystem@gmail.com the problems of halal certification regarding consumer protection in malaysia and indonesia ratna sofianaa*, satria utamab, abdur rohimc a universitas islam negeri sunan kalijaga, yogyakarta, indonesia buniversitas muhammadiyah yogyakarta, indonesia cuniversitas kebangsaan malaysia, malaysia corresponding author: ratnasofiana@uin-suka.ac.id* 1. introduction halal certification is one of the state protections for society, especially muslims. halal is an attractive global trend for many countries today.1 it not only attracts the countries with the majority of muslims, but it also attracts the countries where the muslims are a minority. this means that the existence of muslims becomes a concern in this increasingly advanced, developing, and dynamic industrialization 1komite nasional keuangan syariah, masterplan ekonomi syariah indonesia 2019-2024, kementerian perencanaan pembangunan nasional/ badan perencanaan pembangunan nasional (jakarta, 2018) https://knks.go.id/storage/upload/1573459280-masterplan eksyar_preview.pdf a r t i c l e i n f o a b s t r a c t article history received: august 5, 2021 revised: august 30, 2021 accepted: september 5, 2021 halal certification is a form of the state's protection for muslim society. malaysia and indonesia are two muslim-majority countries. these two countries are concerned about providing a guarantee for the right of their people to obtain foods, drugs, and cosmetics following their islamic beliefs. therefore, they are to ensure halal certification as part of the efforts. in order to scrutinize the two countries' policies on halal products, this article aims to explore the problems of halal certification on consumer protection they face. this study applies a comparative approach. data were collected by literature study in the related topics. the findings of this study conclude that, in terms of governance systems, halal certification performed by malaysia is more organized and systematic than by indonesia. the law enforcement of the republic of indonesia, compiled in omnibus law 2020, has a positive impact on the halal certification processes. however, it is not an appropriate guarantee of excellent governance systems due to its status after the decision of the constitutional court in 2020, which suspended the constitutionality of this omnibus law. this is an open-access article under the cc–by 4.0 license. keywords certification; halal; indonesia; malaysia https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i3.16 mailto:journalhumanrightslegalsystem@gmail.com mailto:ratnasofiana@uin-suka.ac.id* https://knks.go.id/storage/upload/1573459280-masterplan%20eksyar_preview.pdf https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 181 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) era. it also makes the fundamental obedience among muslims, one of them is about food law.2 the 2018-2019 global islamic economic report noted that the number of muslims globally was more than 87.18 percent of 232.5 million people. reflecting on the high number of indonesian muslim population reaching more than 87% or noted to be a significant majority, the state must enact and guarantee various regulations for the rights of the existing muslim community. this is a step and an effort taken by the state, which has an obligation to provide guarantee and protection to society and every religious compliance, so they can keep performing the worship safely and conveniently and can also be able to practice their religious values. food is a primary need that must be fulfilled since it is not only about how to get it, but it also starts from the ingredients, process, and how the food is made. moreover, it is important to consider the halal status of products consumed and used by the community. as a country with a large muslim population, indonesia can become the center of the world's islamic economy.3 this is based on indonesia's potential, especially those related to the halal industry.4 the population and potential of indonesian muslims are significant and continue to grow, causing a sizeable halal market to expand as well.5 based on data from the indonesian information portal, the percentage of the current muslim population is approximately 87% of the total population, with approximately 207 million people. other religious believers, such as protestant christians, reach 6.9%, catholic christians with a percentage of 2.9%, hindus with a percentage of 1.7%, buddhists with a percentage of 0.7%, and confucianists with a percentage of 0.05%. the halal status of a product is currently a necessity and mandatory for every consumer, especially muslim consumers.6 therefore, the existence of an institution that can guarantee halal status is an inevitable and absolute urgency in providing halal certification for muslim consumers. as a form of the state's presence in guaranteeing the right of its people to obtain foods, drugs, and cosmetics 2agus triyanta, ni’matul huda, and r nazriyah, hukum ekonomi islam: dari politik hukum ekonomi islam sampai pranata ekonomi syariah (yogyakarta: fh uii press, 2012). google scholar 3devi triasari and francesco de zwart, ‘the legal reform policy on the shariah supervisory board role’s in indonesian shariah banks’, bestuur, 9.2 (2021), 113–25 https://dx.doi.org/10.20961/bestuur.v9i2.55173 4mahiah said and others, ‘assessing consumers’ perception, knowledge and religiosity on malaysia’s halal food products’, procedia-social and behavioral sciences, 130 (2014), 120–28 https://doi.org/10.1016/j.sbspro.2014.04.015 5s rohmah, ‘the pattern of absorption of islamic law into national law: study of the halal product guarantee law in the perspective of maqashid shari’ah’, jurisdictie, 12.1 (2021), 20–47 https://doi.org/10.18860/j.v12i1.10521 6m. jamil, ‘fiduciary security arrangements and issues in indonesia’, journal of human rights, culture and legal system, 1.2 (2021), 109–19 https://doi.org/10.53955/jhcls.v1i2.1 https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=hukum+ekonomi+islam%3b+dari+politik+hukum+islam+sampai+pranata+ekonomi+syariah&btng= https://dx.doi.org/10.20961/bestuur.v9i2.55173 https://doi.org/10.1016/j.sbspro.2014.04.015 https://doi.org/10.18860/j.v12i1.10521 https://doi.org/10.53955/jhcls.v1i2.1 182 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) according to their beliefs, such effort is crucial to make the muslim population convenient in getting goods that follow the demands of islamic law.7 the regulations and guidelines in islamic law require a syar'i process in everything that is lawful and thoyib, starting from materials, products, product processing to the final process. even long before this regulation existed, the state constitutionally issued the mandate of law no. 33/2014 on halal product guarantee as to the manifestation and responsibility of the state, which will always be present in providing protection for people’s rights for getting a healthy and protected life in worship according to the values of religion as stipulated in the 1945 constitution. the halal status of a product is generally a concern of muslim consumers, but with increasing awareness of health, halal products have enormous potential to be marketed, even in non-muslim markets. research results from mathew (2013) recommended the non-muslim market share as one of the potential targets of the halal industry.8 research by yunos (2013) related to the perception of the indonesian small medium enterprises (smes) actors towards halal certification shows that producers who have a good literacy level are willing to apply for halal certification for their products.9 research conducted by rusydiana (2020) also found that there is an increasing awareness of halal certification globally, so stakeholders must take advantage of this momentum in encouraging economic revival and ensuring consumer protection.10 regarding the context of consumer protection, research conducted by halim (2014) emphasized that the government is responsible for protecting consumers from all forms of fraud and fraud in halal products.11 therefore, it is crucial for the government to ensure that the current regulations are fully enforced, and if there are breaches in the regulations, they should be reviewed and amended. this will ensure an efficient and effective set of regulations for the maximum optimization of consumer protection. this research has a significant contribution since indonesia's existing halal assurance standards are still left behind compared to other muslim countries, especially malaysia, which has been well organized and systematic. the notion related to halal certification in the omnibus law gives new hope for a better system that can guarantee the rights of muslim consumers. therefore, it is significant to conduct a comparative study of the problems of halal certification in 7triyanta, huda, and nazriyah. google scholar 8 vloreen nity mathew, ‘acceptance on halal food among non-muslim consumers’, procediasocial and behavioral sciences, 121 (2014), 262–71. https://doi.org/10.1016/j.sbspro.2014.01.1127 9 rahimah mohamed yunos, che faridah che mahmood, and nor hafizah abd mansor, ‘understanding mechanisms to promote halal industry-the stakeholders’ views’, procedia-social and behavioral sciences, 130 (2014), 160–66. https://doi.org/10.1016/j.sbspro.2014.04.020 10 aam slamet rusydiana and lina marlina, ‘analisis sentimen terkait sertifikasi halal’, jeba (journal of economics and business aseanomics), 5.1 (2020). https://doi.org/10.33476/j.e.b.a.v5i1.1405 11 mustafa‘afifi bin ab halim and others, ‘consumer protection of halal products in malaysia: a literature highlight’, procedia-social and behavioral sciences, 121 (2014), 68–78. https://doi.org/10.1016/j.sbspro.2014.01.1109 https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=hukum+ekonomi+islam%3b+dari+politik+hukum+islam+sampai+pranata+ekonomi+syariah&btng= https://doi.org/10.1016/j.sbspro.2014.01.1127 https://doi.org/10.1016/j.sbspro.2014.04.020 https://doi.org/10.33476/j.e.b.a.v5i1.1405 https://doi.org/10.1016/j.sbspro.2014.01.1109 issn 2807-2812 journal of human rights, culture and legal system 183 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) the context of muslim consumer protection in malaysia and indonesia after enacting the work copyright law. based on the explanation above, this article gives several answers for the research problems, i.e., how to compare the problems of halal certification regarding muslim consumer protection in malaysia and indonesia after the enactment of the omnibus law? 2. research method the authors used a literature study by employing secondary data in the form of primary, secondary, and tertiary legal materials. the primary legal materials included laws and regulations relating to the halal status of foods and beverages. the secondary legal materials consisted of books and/or opinions of legal experts related to the protection of consumer rights. this study was qualitative research with a normative juridical nature. the data obtained from the results of library research were analyzed systematically and scientifically to answer the research problems. 3. results and discussion 3.1 muslim consumer protection through halal certification and labeling it has become an international regulation that the circulation of consumer foods, drugs, and cosmetics must meet safety standards to use. this is in line with the thoyib principle. even the covid-19 vaccine, which is currently circulating in the community, must also provide halalan thayiban guarantee. therefore, the urgency of having halal certification for the food, fashion, and cosmetics is a form of protection that the state must provide to its people. the term “halal” derives from the words halla, yahillu, hillan which means “liberating,” “releasing,” “solving,” “dissolving,” and “permitting.” if it is seen from the definition, the word “halal” can be understood and related to the meaning of “permissibility” for a muslim to consume and/or use various objects, both for physical and non-physical purposes, in the form of foods, drugs, fashions, plants, and so on.12 the legal terms of the obligation to guarantee halal products according to islamic law are mentioned in “qs. al-baqarah: 168”, “qs. al-baqarah: 172”, and “qs. al-baqarah: 173’. one’s level of religiosity can also affect consumer orientation (said, hassan, musa, & a, 2014) where consumers will consider buying or consuming products that do not violate or conflict with their beliefs. it is the same as the case of muslim consumers who only consume halal (permitted or allowed) and tayyib (clean) food following islamic religious values in the al-quran, i.e., surah al-baqarah: 172.13 the concept of halal refers to something permissible in islam.14 12mohd zaid mustafar and joni tamkin borhan, ‘muslim consumer behavior: emphasis on ethics from islamic perspective’, middle-east journal of scientific research, 18.9 (2013), 1301–7. https://doi.org/10.5829/idosi.mejsr.2013.18.9.12113 13abdul raufu ambali and ahmad naqiyuddin bakar, ‘people’s awareness on halal foods and products: ppotential issues for policy-makers’, procedia-social and behavioral sciences, 121 (2014), 3–25. https://doi.org/10.1016/j.sbspro.2014.01.1104 14nader al jallad, ‘the concepts of al-halal and al-haram in the arab-muslim culture: a translational and lexicographical study’, language design: journal of theoretical and experimental linguistics, 10.1 (2008), 77–86. google scholar https://www.jhcls.org/index.php/jhcls https://doi.org/10.5829/idosi.mejsr.2013.18.9.12113 https://doi.org/10.1016/j.sbspro.2014.01.1104 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=the+concepts+of+al-halal+and+al-haram+in+the+arab-muslim+culture%3a+a+translational+and+lexicographical+study%e2%80%99&btng= 184 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) as a muslim who is biddable and obedient to god’s commands, i.e., people who believe in consuming halal food and thayib. besides, it is also not allowed to consume food and goods included in the gray area category. a gray area is regarded as a fine line between halal and halal. therefore, it becomes very important to maintain certainty on what we consume. a little bit of halal is worried to contaminate things that should be halal and then become halal. also, there is a position with a very thin level of distinction between halal and halal, or the category of syubhat (dim-lit), and thus, we must first make sure that we need halal certification. the halal certification will be a guarantee that what we consume is halal. for that reason, it requires a certainty from the state to provide a halal certification guarantee so that it becomes a clear area. there is also a stipulation that all types of food and drinks that will be circulated to the public must also have a "halal certificate" logo that has been tested and issued by the indonesian council of ulama on the product packaging 15. a muslim who consumes halal-certified food is believed to be able to improve her/his experience in terms of food consumption in the current contemporary era. the necessity for a basic halal certification, which lies in the food we consume today, is not all of which we take directly from nature. we have encountered a lot of contamination and intervention in the presentation of food e.g., when consuming bananas. there is no need for halal certification. however, when the banana processing has been made, it must be clear for its halal status, and there must be a guarantee of the halal status, such as the ingredients and procedures. there will be technological intervention in the processing that will then change the original characteristics, and thus, it is important to have halal certification. the processed bananas must be tested in a laboratory for inspection of raw materials, processes, locations, and organizational structures. at present, the authority to issue a “halal certificate” has shifted to the "halal product assurance management agency," or known as badan pengelola jaminan produk halal (bpjph), from the previous authority by the indonesian council of ulama. based on history, john f. kennedy, the late president of the united states of america, was the first one to highlight the idea of consumer protection for the public through the declaration of consumer rights. this declaration was submitted to the us congress on march 15, 1961. there were four basic rights declared: right to safety, right to be notified, right to vote, right to be heard.16 the concept of consumer rights was then expanded to include other rights as stated by anwar fazal, the president of international organization of consumers unions (iouc), including right to the fulfillment of primary needs, right to a healthy environment, right to compensation, right to consumer education, right to representation.17 to protect the consumers from profit-seeking actions of producers and sellers, there have been various policies, laws, and plans introduced by governments of many countries, world organizations, and consumer organizations at national and international levels, such as the united nations guidelines for consumer protection, the eu consumer policy 15hijrah lahaling, kindom makkulawuzar, and singkeru rukka, ‘hakikat labelisasi halal terhadap perlindungan konsumen di indonesia’, hasanuddin law review, 1.2 (2015), 282. https://doi.org/10.20956/halrev.v1n2.84 16a h mustafa‘afifi and others, ‘consumer protection of halal products in malaysia’, middleeast journal of scientific research, 13 (2013), 22–28. https://doi.org/10.5829/idosi.mejsr.2013.16.s.10025 17mustafa ’afifi ab. halim and mohd mahyeddin mohd salleh, ‘the possibility of uniformity on halal standards in organization of islamic countries (oic)’, world applied sciences journal, 17 (2012), 6–10. google scholar https://www.jhcls.org/index.php/jhcls https://doi.org/10.20956/halrev.v1n2.84 https://doi.org/10.5829/idosi.mejsr.2013.16.s.10025 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=the+possibility+of+uniformity+on+halal+standards+in+organization+of+islamic+countries+%28oic%29&btng= issn 2807-2812 journal of human rights, culture and legal system 185 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) strategy (2007 2013), the regulation (eu) on consumer protection cooperation, asean economic community (aec) blueprint, and consumer basic act (japan).18 the issue of halal certification is an absolute must. there was a problem with the legalization of liquor or alcohol, which incidentally is included in the category of halal food in indonesia. this led to a long polemic until the policy of legalizing liquor was finally revoked by president joko widodo. it indicates that halal status is very important in indonesia. halal certification has also received world attention in asean-afta, nafta, eec, and wto in the current international trade system.19 the halal certification has long been implemented in international trade that is familiar with the halal provisions. halal is a global trend that is attracting the attention of many countries today.20 it is presented in muslim countries and in countries with non-muslim majority populations who currently implement a halal system. several international airlines have provided moslem meal services, such as japan airlines, qantas, and american airlines. “halal” has now become a lifestyle that is echoed throughout the world. the word “halal” in islam means something that muslims can consume,21 not only in food but also in all aspects of products and services.22 meanwhile, the halal certification represents product quality according to the islamic sharia standards. according to islamic values, the halal certification is used as a consumption guideline by muslims.23 islam has special concepts and principles in terms of muamalat which refer to the qur'an and alhadith that are absolute as that of the principles of at-tawhid, al-adal, al-maslahat, and so on. therefore, the regulation and certification of halal consumption products and cosmetics have an important role as a form of consumer protection in general and muslim consumers in particular. the presence of a clean and clear guarantee of food in terms of good or bad food is important for muslims to always pay attention to the products they consume to be guaranteed for its halal status.24 one of the elements in the halal concept is a halal lifestyle which focuses more on a person’s way of life, which is all regulated by islam. the halal lifestyle has now become a global concern over time.25 the concept may be applied in all aspects of life. the halal lifestyle includes halal consumption products, tourism, 18mustafa ’afifi ab. halim and mohd mahyeddin mohd salleh. google scholar 19rizky irfano aditya and lisa waddington, ‘the legal protection against child marriage in indonesia’, bestuur, 9.2 (2021), 126–34. https://dx.doi.org/10.20961/bestuur.v9i2.55144 20komite nasional keuangan syariah. https://knks.go.id/storage/upload/1573459280-masterplan eksyar_preview.pdf 21joan c henderson, ‘halal food, certification and halal tourism: insights from malaysia and singapore’, tourism management perspectives, 19 (2016), 160–64. https://doi.org/10.1016/j.tmp.2015.12.006 22mehdi rejaii and akram arianfar, ‘halal food: a systemic review’, international journal of pharmtech research, 9.7 (2016), 340–45. google scholar 23nazlida muhamad, vai shiem leong, and normalisa md isa, ‘does the country of origin of a halal logo matter? the case of packaged food purchases’, review of international business and strategy, 2017. https://doi.org/10.1108/ribs-06-2017-0049 24ramlan ramlan and nahrowi nahrowi, ‘sertifikasi halal sebagai penerapan etika bisnis islami dalam upaya perlindungan bagi konsumen muslim’, ahkam : jurnal ilmu syariah, 17.1 (2014), 145–54. https://doi.org/10.15408/ajis.v17i1.1251 25nurul izza abdul aziz and fadzila azni ahmad, ‘the halal lifestyle of muslim working women’, international journal of academic research in business and social sciences, 8.5 (2018), 1138–47. https://doi.org/10.6007/ijarbss/v8-i5/4489 https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=the+possibility+of+uniformity+on+halal+standards+in+organization+of+islamic+countries+%28oic%29&btng= https://dx.doi.org/10.20961/bestuur.v9i2.55144 https://knks.go.id/storage/upload/1573459280-masterplan%20eksyar_preview.pdf https://knks.go.id/storage/upload/1573459280-masterplan%20eksyar_preview.pdf https://doi.org/10.1016/j.tmp.2015.12.006 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=mehdi+rejaii+and+akram+arianfar&btng= https://doi.org/10.1108/ribs-06-2017-0049 https://doi.org/10.15408/ajis.v17i1.1251 https://doi.org/10.6007/ijarbss/v8-i5/4489 186 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) pharmaceuticals, cosmetics, fashion, and financial services.26 however, several studies have applied it to food (halal food), such as nity, mazwa, & abdullah (2014),27 raufu & naqiyuddin (2014),28 said, hassan, musa, & a (2014),29 wahyu & sheikh (2016),30 and marini, alia, & haron (2014).31 the present standardization and certification process used as a benchmark if a product is considered proper for market circulation does not stop at the halal and halal levels, regardless of the raw material process, the process, the place, and the existing organizational structure. it also excludes how technological intervention plays a role in changing origin characteristics, in which halal certification is important. furthermore, halal certification refers to food consumed by a muslim and halal as a means of safe and proper consumption. the halal certification is considered an important factor that increases consumer confidence that the products are halal, safe, and clean. it does not only imply the meaning of halal, but it also emphasizes halal as kaffah, i.e., hallan thayyiban. it is different from the context of looking for halal products since it will be easier to track and identify them. if the raw material is included in the category of halal to eat, it will make the product halal without having to do a laboratory test first. the word “halal” is generally defined as a case or act that is “permissible,” “permitted,” or “allowed” by islamic law, while halal is a matter or act that is “forbidden” by islamic law. it also means something that is “forbidden,” with the concepts of prohibition originating from things that have been regulated in islamic law.32 the present concept of “halal” or “halal lifestyle” certification is not only offered and intended by muslims, but it has also become a concern for non-muslims who are currently emerging as a global issue. the muslim market share has become a tantalizing thing, not only for muslim countries but also for several non-muslim countries globally, including western countries, who are also very concerned about this issue. opportunities must be followed by challenges which become a correlation that must be faced. for this reason, the state (i.e., the government) has the task of being able to implement an independent, prosperous, and civilized indonesian state by being able to make indonesia a capable center of sharia economy in the world. 26komite nasional keuangan syariah. https://knks.go.id/storage/upload/1573459280-masterplan eksyar_preview.pdf 27ardiana mazwa raudah amir abdullah and others, ‘dimensions necessitated for total service operations management (tsom)’, 2014. google scholar 28a raufu and a naqiyuddin, ‘people’s awareness on halal foods and products’, social and behavioral sciences, 2014, 3–25. https://doi.org/10.1016/j.sbspro.2014.01.1104 29said and others. https://doi.org/10.1016/j.sbspro.2014.04.015 30mas wahyu wibowo and fauziah sheikh ahmad, ‘non-muslim consumers’ halal food product acceptance model’, procedia economics and finance, 37 (2016), 276–83. https://doi.org/10.1016/s2212-5671(16)30125-3 31nor marini mohtar, nur alia amirnordin, and hazliza haron, ‘ayamas food corporation sdn. bhd: a study on the factors of consumer behaviour towards halal product selection’, procedia-social and behavioral sciences, 121 (2014), 166–85. https://doi.org/10.1016/j.sbspro.2014.01.1118 32mardani mardani, ‘hukum islam dalam sistem hukum nasional’, jurnal hukum & pembangunan, 2008. https://doi.org/10.21143/jhp.vol38.no2.170 https://www.jhcls.org/index.php/jhcls https://knks.go.id/storage/upload/1573459280-masterplan%20eksyar_preview.pdf https://knks.go.id/storage/upload/1573459280-masterplan%20eksyar_preview.pdf https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=dimensions+necessitated+for+total+service+operations+management+%28tsom%29&btng= https://doi.org/10.1016/j.sbspro.2014.01.1104 https://doi.org/10.1016/j.sbspro.2014.04.015 https://doi.org/10.1016/s2212-5671(16)30125-3 https://doi.org/10.1016/j.sbspro.2014.01.1118 https://doi.org/10.21143/jhp.vol38.no2.170 issn 2807-2812 journal of human rights, culture and legal system 187 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) 3.2 the problems of halal certification in protecting consumers not to remain silent, the government is also responsive to halal issues in indonesia, especially those concerning foods, drugs, and cosmetics, by issuing several regulations. however, the legal drafting of the regulations was prepared partially and inconsistently, so it became contradictory and was neither systemic nor systematic. therefore, the regulation is not yet relevant to be used as a strong legal basis and is binding on the problem of the halal status of a product to producers (business actors) and guarantees of convenience to consumers.33 having provided with such a dynamic, there is no guarantee of legal certainty related to halal products, even though the urgency of the presence of halal product certification is an absolute and very urgent thing, especially those related to consumer protection references and the need for standards for today’s global trade. the presence of omnibus law is expected to facilitate the halal certification process in indonesia. this can be seen from the shift of the authority for halal certification from the institute for foods, drugs, and cosmetics, the indonesian council of ulama, to the halal product guarantee agency, which is directly organized under the government. in the future, based on the existing law, it is possible to form private halal certification institutions that become an extension of the hand of the halal certification process from the halal product guarantee agency. in the end, all producers, whether on a big or small-medium scale, will find it easier to access the halal certification process, which becomes the need of consumers and consumer protection. meanwhile, malaysia's certification authority is currently performed through the development and progress of islamic affairs or commonly known as jakim, and no regulation allows private institutions to do so. there are 22 articles of law no. 33/2014 on halal inspection agency which have been amended in the omnibus law. besides, two new articles include provisions relating to the halal certification business process, halal product guarantee agency cooperation, halal inspection agency, halal auditor, halal supervisor, community participation, halal certificate, and halal label self-declaration, and administrative sanctions. also, the halal certification becomes consumer protection and consumer understanding regarding halal products. for business actors, halal certification is their responsibility in making their products.34 according to nasution et al. (2018),35 the country of origin of halal certification affects the purchase intention of the imported food. meanwhile, w. khan, akhtar, 33rachel georghea sentani and mathijs ten wolde, ‘the legal policy of executability in the international arbitral tribunal decision’, bestuur, 9.2 (2021), 144–55. https://dx.doi.org/10.20961/bestuur.v9i2.54451 34halim and others. https://doi.org/10.1016/j.sbspro.2014.01.1109 35muhammad dharma tuah putra nasution and yossie rossanty, ‘country of origin as a moderator of halal label and purchase behaviour’, journal of business and retail management research, 12.2 (2018). https://doi.org/10.24052/jbrmr/v12is02/cooaamohlapb https://www.jhcls.org/index.php/jhcls https://dx.doi.org/10.20961/bestuur.v9i2.54451 https://doi.org/10.1016/j.sbspro.2014.01.1109 https://doi.org/10.24052/jbrmr/v12is02/cooaamohlapb 188 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) ansari, & dhamija (2020) stated that halal certification is one of the driving forces for buying interest.36 moreover, hamdan, issa, abu, & jusoff (2013) stated that the awareness of halal certification affects buying interest.37 such a condition shows that halal certification leads to halal awareness of consumers and producers. ambali & bakar (2014b) found that halal certification is an antecedent of halal awareness.38 besides, pradana, huertas-garcía, & marimon (2020) stated that halal certification affects the tourists’ buying interest in spain.39 the enactment of law no. 33/2014 on halal product guarantee aims to emphasize the urgency of the issue of halal assurance in the production and distribution chain from producers to consumers, where the distribution chain will involve other intermediaries, such as the distributors, sub-distributors, wholesalers, and retailers before arriving at the final consumers as a user. the law's enactment aims to give the consumers legal certainty for the products they want to buy. as for business actors, the presence of the law is a “technical guide” on how to “process,” “produce,” and “market” the products to the consumers as well as how to create and convey information on halal product guarantee to the consumers an as user. the absolute existence of halal certification is enshrined in law no. 33/2014, which regulates “halal product guarantee.” it contains all obligations for all types of products that will be circulated in the territory of the republic of indonesia, which must have a halal certificate and halal logo on the packaging unless it is clear that there is “not halal” information therein. another regulation in this also aims to establish a “halal product guarantee agency” in which the agency has the authority to “formulate” and “stipulate” various policies regarding halal product guarantees, norms, standards, procedures, and anything that is included in the criteria for halal product guarantees.40 the other authorities are being able to “issue” and “revoke” halal certificates, “give the halal label” on products, “register halal certificates on imported products,” “accredit existing halal inspection institutions,” “register halal auditors,” “supervise halal product guarantees,” “foster halal auditors”, and “cooperate” with domestic and foreign institutions in implementing halal product guarantees. 36waseem khan and others, ‘enablers of halal food purchase among muslim consumers in an emerging economy: an interpretive structural modeling approach’, british food journal, 122.7 (2020), 2273–87. https://doi.org/10.1108/bfj-08-2018-0528 37haslenna hamdan and others, ‘purchasing decisions among muslim consumers of processed halal food products’, journal of food products marketing, 19.1 (2013), 54–61. https://doi.org/10.1080/10454446.2013.724365 38ambali and bakar. https://doi.org/10.1016/j.sbspro.2014.01.1104 39mahir pradana, rubén huertas-garcía, and frederic marimon, ‘spanish muslims’ halal food purchase intention’, international food and agribusiness management review, 23.2 (2020), 189–202. https://doi.org/10.22434/ifamr2019.0200 40andi akbar herman and muhammad jihadul hayat, ‘management of high secondary education after regional government law’, journal of human rights, culture and legal system, 1.2 (2021), 395–96. https://doi.org/10.53955/jhcls.v1i2.11 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1108/bfj-08-2018-0528 https://doi.org/10.1080/10454446.2013.724365 https://doi.org/10.1016/j.sbspro.2014.01.1104 https://doi.org/10.22434/ifamr2019.0200 https://doi.org/10.53955/jhcls.v1i2.11 issn 2807-2812 journal of human rights, culture and legal system 189 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) the presence of the halal certification agency is conducive, especially for the indonesian muslim community. the process of implementing halal certification in indonesia, which has been running significantly to date, will increasingly guarantee the benefit of the indonesian muslim community. this institution also plays a significant role in providing a guarantee and consumer protection in indonesia, especially muslims. as known and regulated in law no. 8/1999 concerning consumer protection, especially article 4 paragraph (a), explains “the consumer rights to have convenience, security, and safety in consuming goods and/or services.” “consumers also have the right to correct, clear, and honest information regarding the state and condition as well as guarantee for goods and/or services in indonesia” 41 it can be concluded that the consumers must be given certain guarantees on how to obtain various necessities of life from the money they spend, meaning that it complies with the beliefs they hold, specifically muslims, by making peace to get halalan thayyiban products. before the enactment of law 33/2004, the need for halal food was not specifically explained, but halal information is part of the information that must be explained 42. however, the law's mandate concerning halal requires the government to provide a halal label and detail of the halal guarantee.43 to provide a commitment related to the halal industry, independence in providing halal certification can be seen from the “upstream” to the “downstream” process, including the halal value chain mechanism. the value chain will be created if the chains of all existing halal industry sectors can be interrelated, synergized, and take advantage of each other. the state must regulate the problems of halal certification through the presence of law and regulation to provide guarantees for the benefit and certainty of the existing products in indonesia so that they can become a sharia economic center in the world. if it is drawn in the context of the halal industry, prosperity is the resource. how to use the existing resources and optimize the production and consumption of this industry by sharia values and principles is important, and thus, the process and the use of goods and services will provide the most significant benefit to both consumers and producers. 3.3 comparison of the problems of halal certification between indonesia and malaysia current regulations related to halal certification are only administrative requirements for producing and marketing a product. however, there is no precise mechanism regarding how the relevant authorities ensure that the product 41republik indonesia, ‘uu no 8 tahun 1999 perlindungan konsumen’, 2004, 1–6. 42agus triyanta, hukum ekonomi islam; dari politik hukum islam sampai pranata ekonomi syariah, 2012. google scholar 43mohd rizal palil and others, ‘social enterprise and taxation policy: a systematic literature review’, bestuur, 9.2 (2021), 135–43. https://dx.doi.org/10.20961/bestuur.v9i2.55569 https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=hukum+ekonomi+islam%3b+dari+politik+hukum+islam+sampai+pranata+ekonomi+syariah&btng= https://dx.doi.org/10.20961/bestuur.v9i2.55569 190 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) still meets halal standards when circulating in the community as certified.44 this is different from the regulations stipulated in malaysia. besides carrying out the certification process, some regulations ensure that the products still meet halal certification standards as long as the product is circulated in the market.45 there are also significant differences in the mechanism to ensure halal standards in each production process in which the malaysian regulations require a halal manager or unit within a company who is responsible for ensuring that the production process always meet the halal certification standards, such as the role of internal financial auditors and quality assurance units in a company, or more specifically, the role of sharia supervisory board islamic financial institutions. the malaysian halal standard supervision process does not yet exist in indonesian regulations, especially in the omnibus law. 4. conclusion halal certification is regarded as one of the state protections for its people. to get the right as a consumer to consume foods, drugs, and cosmetics originating from types and substances, the muslim consumers are challenged with the condition to ensure the “halal” of a product, in addition to further and stricter regulations to be able to get the rights of muslim consumers. the obedient muslims are very concerned about the halal status of the products they consume. this signifies their compliance with their religious values and what is urgent to do, considering that not all muslims understand whether the foods, drugs, cosmetic halal or not according to sharia law. also, halal certification becomes consumer protection and understanding regarding halal products. in business actors, halal certification is their responsibility in making products. besides, it needs education and affirmation to producers to prioritize the rights of muslim consumers. as a country with the largest muslim population globally, indonesia manufacturers also need to realize that halal certification and labeling are intended for the safety of muslim consumers and have the potential to increase economic benefits for producers. the aspect of business ethics is also one of the points of view to address halal certification and labeling where producers maintain ethics to fulfill the rights of the indonesian muslims. references aditya, rizky irfano, and lisa waddington, ‘the legal protection against child marriage in indonesia’, bestuur, 9.2 (2021), 126–34. https://dx.doi.org/10.20961/bestuur.v9i2.55144 ambali, abdul raufu, and ahmad naqiyuddin bakar, ‘people’s awareness on halal foods and products: ppotential issues for policy-makers’, procedia-social and behavioral sciences, 121 (2014), 3–25. https://doi.org/10.1016/j.sbspro.2014.01.1104 44 agus hermawan, ‘consumer protection perception of halal food products in indonesia’, in kne social sciences, 2020, pp. 235–46. https://doi.org/10.18502/kss.v4i9.7329 45 asmuni asmuni, m jamil, and fitri rafianti, ‘dynamics of application of halal certification on medicine products in indonesia’, budapest international research and critics institute (bircijournal): humanities and social sciences, 3.4 (2020), 2938–47. https://doi.org/10.33258/birci.v3i4.1314 https://www.jhcls.org/index.php/jhcls https://dx.doi.org/10.20961/bestuur.v9i2.55144 https://doi.org/10.1016/j.sbspro.2014.01.1104 https://doi.org/10.18502/kss.v4i9.7329 https://doi.org/10.33258/birci.v3i4.1314 issn 2807-2812 journal of human rights, culture and legal system 191 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) amir abdullah, ardiana mazwa raudah, firdaus abdullah, boo ho voon, vloreen nity mathew, and abg hamizam abg mohar, ‘dimensions necessitated for total service operations management (tsom)’, 2014. google scholar asmuni, asmuni, m jamil, and fitri rafianti, ‘dynamics of application of halal certification on medicine products in indonesia’, budapest international research and critics institute (birci-journal): humanities and social sciences, 3.4 (2020), 2938–47. https://doi.org/10.33258/birci.v3i4.1314 aziz, nurul izza abdul, and fadzila azni ahmad, ‘the halal lifestyle of muslim working women’, international journal of academic research in business and social sciences, 8.5 (2018), 1138–47. https://doi.org/10.6007/ijarbss/v8-i5/4489 halim, mustafa‘afifi bin ab, kamilah wati binti mohd, mohd mahyeddin mohd salleh, asming yalawae, tuan syed mohd najib syed omar, asmidah ahmad, and others, ‘consumer protection of halal products in malaysia: a literature highlight’, procedia-social and behavioral sciences, 121 (2014), 68–78. https://doi.org/10.1016/j.sbspro.2014.01.1109 hamdan, haslenna, zuraini mat issa, normala abu, and kamaruzaman jusoff, ‘purchasing decisions among muslim consumers of processed halal food products’, journal of food products marketing, 19.1 (2013), 54–61. https://doi.org/10.1080/10454446.2013.724365 henderson, joan c, ‘halal food, certification and halal tourism: insights from malaysia and singapore’, tourism management perspectives, 19 (2016), 160–64. https://doi.org/10.1016/j.tmp.2015.12.006 herman, andi akbar, and muhammad jihadul hayat, ‘management of high secondary education after regional government law’, journal of human rights, culture and legal system, 1.2 (2021), 395–96. https://doi.org/10.53955/jhcls.v1i2.11 hermawan, agus, ‘consumer protection perception of halal food products in indonesia’, in kne social sciences, 2020, pp. 235–46. https://doi.org/10.18502/kss.v4i9.7329 al jallad, nader, ‘the concepts of al-halal and al-haram in the arab-muslim culture: a translational and lexicographical study’, language design: journal of theoretical and experimental linguistics, 10.1 (2008), 77–86. google scholar jamil, m., ‘fiduciary security arrangements and issues in indonesia’, journal of human rights, culture and legal system, 1.2 (2021), 109–19. https://doi.org/10.53955/jhcls.v1i2.1 khan, waseem, asif akhtar, saghir ahmad ansari, and aruna dhamija, ‘enablers of halal food purchase among muslim consumers in an emerging economy: an interpretive structural modeling approach’, british food journal, 122.7 (2020), 2273–87. https://doi.org/10.1108/bfj-08-2018-0528 komite nasional keuangan syariah, masterplan ekonomi syariah indonesia 20192024, kementerian perencanaan pembangunan nasional/ badan perencanaan pembangunan nasional (jakarta, 2018). https://www.jhcls.org/index.php/jhcls https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=dimensions+necessitated+for+total+service+operations+management+%28tsom%29&btng= https://doi.org/10.33258/birci.v3i4.1314 https://doi.org/10.6007/ijarbss/v8-i5/4489 https://doi.org/10.1016/j.sbspro.2014.01.1109 https://doi.org/10.1080/10454446.2013.724365 https://doi.org/10.1016/j.tmp.2015.12.006 https://doi.org/10.53955/jhcls.v1i2.11 https://doi.org/10.18502/kss.v4i9.7329 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=the+concepts+of+al-halal+and+al-haram+in+the+arab-muslim+culture%3a+a+translational+and+lexicographical+study%e2%80%99&btng= https://doi.org/10.53955/jhcls.v1i2.1 https://doi.org/10.1108/bfj-08-2018-0528 192 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) https://knks.go.id/storage/upload/1573459280-masterplan eksyar_preview.pdf lahaling, hijrah, kindom makkulawuzar, and singkeru rukka, ‘hakikat labelisasi halal terhadap perlindungan konsumen di indonesia’, hasanuddin law review, 1.2 (2015), 282. https://doi.org/10.20956/halrev.v1n2.84 mardani, mardani, ‘hukum islam dalam sistem hukum nasional’, jurnal hukum & pembangunan, 2008. https://doi.org/10.21143/jhp.vol38.no2.170 mathew, vloreen nity, ‘acceptance on halal food among non-muslim consumers’, procedia-social and behavioral sciences, 121 (2014), 262–71. https://doi.org/10.1016/j.sbspro.2014.01.1127 mohtar, nor marini, nur alia amirnordin, and hazliza haron, ‘ayamas food corporation sdn. bhd: a study on the factors of consumer behaviour towards halal product selection’, procedia-social and behavioral sciences, 121 (2014), 166–85. https://doi.org/10.1016/j.sbspro.2014.01.1118 muhamad, nazlida, vai shiem leong, and normalisa md isa, ‘does the country of origin of a halal logo matter? the case of packaged food purchases’, review of international business and strategy, 2017. https://doi.org/10.1108/ribs06-2017-0049 mustafa‘afifi, a h, m s mohd mahyeddin, m kamilah wati, y asming, sosm najib, a asmidah, and others, ‘consumer protection of halal products in malaysia’, middle-east journal of scientific research, 13 (2013), 22–28. https://doi.org/10.5829/idosi.mejsr.2013.16.s.10025 mustafa ’afifi ab. halim, and mohd mahyeddin mohd salleh, ‘the possibility of uniformity on halal standards in organization of islamic countries (oic)’, world applied sciences journal, 17 (2012), 6–10. google scholar mustafar, mohd zaid, and joni tamkin borhan, ‘muslim consumer behavior: emphasis on ethics from islamic perspective’, middle-east journal of scientific research, 18.9 (2013), 1301–7. https://doi.org/10.5829/idosi.mejsr.2013.18.9.12113 nasution, muhammad dharma tuah putra, and yossie rossanty, ‘country of origin as a moderator of halal label and purchase behaviour’, journal of business and retail management research, 12.2 (2018). https://doi.org/10.24052/jbrmr/v12is02/cooaamohlapb palil, mohd rizal, ida suriya ismail, nor hazila mohd zain, and m.a. anwar abu bakar, ‘social enterprise and taxation policy: a systematic literature review’, bestuur, 9.2 (2021), 135–43. https://dx.doi.org/10.20961/bestuur.v9i2.55569 pradana, mahir, rubén huertas-garcía, and frederic marimon, ‘spanish muslims’ halal food purchase intention’, international food and agribusiness management review, 23.2 (2020), 189–202. https://doi.org/10.22434/ifamr2019.0200 ramlan, ramlan, and nahrowi nahrowi, ‘sertifikasi halal sebagai penerapan etika bisnis islami dalam upaya perlindungan bagi konsumen muslim’, https://www.jhcls.org/index.php/jhcls https://knks.go.id/storage/upload/1573459280-masterplan%20eksyar_preview.pdf https://knks.go.id/storage/upload/1573459280-masterplan%20eksyar_preview.pdf https://doi.org/10.20956/halrev.v1n2.84 https://doi.org/10.21143/jhp.vol38.no2.170 https://doi.org/10.1016/j.sbspro.2014.01.1127 https://doi.org/10.1016/j.sbspro.2014.01.1118 https://doi.org/10.1108/ribs-06-2017-0049 https://doi.org/10.1108/ribs-06-2017-0049 https://doi.org/10.5829/idosi.mejsr.2013.16.s.10025 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=the+possibility+of+uniformity+on+halal+standards+in+organization+of+islamic+countries+%28oic%29&btng= https://doi.org/10.5829/idosi.mejsr.2013.18.9.12113 https://doi.org/10.24052/jbrmr/v12is02/cooaamohlapb https://dx.doi.org/10.20961/bestuur.v9i2.55569 https://doi.org/10.22434/ifamr2019.0200 issn 2807-2812 journal of human rights, culture and legal system 193 vol. 1, no. 3, november 2021, pp. 180-193 ratna sofiana et.al (comparison of the problems of halal certification…) ahkam : jurnal ilmu syariah, 17.1 (2014), 145–54. https://doi.org/10.15408/ajis.v17i1.1251 raufu, a, and a naqiyuddin, ‘people’s awareness on halal foods and products’, social and behavioral sciences, 2014, 3–25. https://doi.org/10.1016/j.sbspro.2014.01.1104 rejaii, mehdi, and akram arianfar, ‘halal food: a systemic review’, international journal of pharmtech research, 9.7 (2016), 340–45. google scholar rohmah, s, ‘the pattern of absorption of islamic law into national law: study of the halal product guarantee law in the perspective of maqashid shari’ah’, jurisdictie, 12.1 (2021), 20–47. https://doi.org/10.18860/j.v12i1.10521 rusydiana, aam slamet, and lina marlina, ‘analisis sentimen terkait sertifikasi halal’, jeba (journal of economics and business aseanomics), 5.1 (2020). https://doi.org/10.33476/j.e.b.a.v5i1.1405 said, mahiah, faridah hassan, rosidah musa, and n a rahman, ‘assessing consumers’ perception, knowledge and religiosity on malaysia’s halal food products’, procedia-social and behavioral sciences, 130 (2014), 120–28. https://doi.org/10.1016/j.sbspro.2014.04.015 sentani, rachel georghea, and mathijs ten wolde, ‘the legal policy of executability in the international arbitral tribunal decision’, bestuur, 9.2 (2021), 144–55. https://dx.doi.org/10.20961/bestuur.v9i2.54451 triasari, devi, and francesco de zwart, ‘the legal reform policy on the shariah supervisory board role’s in indonesian shariah banks’, bestuur, 9.2 (2021), 113–25. https://dx.doi.org/10.20961/bestuur.v9i2.55173 triyanta, agus, ni’matul huda, and r nazriyah, hukum ekonomi islam: dari politik hukum ekonomi islam sampai pranata ekonomi syariah (yogyakarta: fh uii press, 2012). google scholar wibowo, mas wahyu, and fauziah sheikh ahmad, ‘non-muslim consumers’ halal food product acceptance model’, procedia economics and finance, 37 (2016), 276–83. https://doi.org/10.1016/s2212-5671(16)30125-3 yunos, rahimah mohamed, che faridah che mahmood, and nor hafizah abd mansor, ‘understanding mechanisms to promote halal industry-the stakeholders’ views’, procedia-social and behavioral sciences, 130 (2014), 160–66. https://doi.org/10.1016/j.sbspro.2014.04.020 https://www.jhcls.org/index.php/jhcls https://doi.org/10.15408/ajis.v17i1.1251 https://doi.org/10.1016/j.sbspro.2014.01.1104 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=mehdi+rejaii+and+akram+arianfar&btng= https://doi.org/10.18860/j.v12i1.10521 https://doi.org/10.33476/j.e.b.a.v5i1.1405 https://doi.org/10.1016/j.sbspro.2014.04.015 https://dx.doi.org/10.20961/bestuur.v9i2.54451 https://dx.doi.org/10.20961/bestuur.v9i2.55173 https://scholar.google.com/scholar?hl=en&as_sdt=0%2c5&q=hukum+ekonomi+islam%3b+dari+politik+hukum+islam+sampai+pranata+ekonomi+syariah&btng= https://doi.org/10.1016/s2212-5671(16)30125-3 https://doi.org/10.1016/j.sbspro.2014.04.020 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 31-44 31 https://doi.org/10.53955/jhcls.v2i1.24 journalhumanrightslegalsystem@gmail.com constitutional religious tolerance in realizing the protection of human rights in indonesia nurfaika ishaka* romalina ranaivo mikea manitrab afakultas syariah dan hukum, universitas islam negeri alauddin makassar, indonesia. bfaculté de droit et de sciences politiques, university of antananarivo, madagascar. *corresponding author: nurfaika.ishak@gmail.com 1. introduction indonesia has a vast diversity of ethnicities, religions, languages, and cultures. however, diversity may become a threat if it is not fostered and used as social capital to build the integrity of the republic of indonesia.1 radicalism appears with its characteristic that constantly contradicts values we believe that already established in indonesia. the value system that existed in indonesia, such as pancasila and the 1945 constitution, is considered inappropriate. radicalism is not 1 abdul muhid, ‘religious tolerance among college students: how it’s influenced by religious orientation and personality traits?’, humanitas: indonesian psychological journal, 17.1 (2020), 55 https://doi.org/10.26555/humanitas.v17i1.12222 a r t i c l e i n f o a b s t r a c t article history received: january 21, 2022 revised: march 15, 2022 accepted: march 16, 2022 tolerance in the dynamic of indonesian society and socio-cultural diversity is necessary. it is crucial to examine constitutional regulations as the highest fundamental law. the government has issued various regulations, but the critical question is whether these regulations protect religious freedom. this study aims to figure out how the law of religious tolerance ruled in the constitution of the republic of indonesia/ undang-undang dasar negara republik indonesia tahun 1945. this research is a type of normative research by describing, analyzing, and describing the constitutional arrangement of religious tolerance as a form of protection of human rights in indonesia. the approach used is legal by tracing all relevant laws and regulations. the data collection technique used in this study is a library research technique, which is a data collection technique by reviewing journals, rules, regulations, and other related materials related to the law of religious tolerance in indonesia. the results showed that religious tolerance is a form of protection for human rights recognized in indonesia as a country with diversity. tolerance is one of the keys to religious harmony based on mutual understanding and respect as human beings. this is an open-access article under the cc–by 4.0 license. keywords constitution; human rights; religion; tolerance; https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.24 mailto:journalhumanrightslegalsystem@gmail.com mailto:nurfaika.ishak@gmail.com https://doi.org/10.26555/humanitas.v17i1.12222 https://creativecommons.org/licenses/by/4.0/ 32 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) emerging spontaneously, but it is strongly influenced by the previous way of life of the people.2 the concept of indonesian pluralism is an essential part of establishing tolerance between religious communities.3 indonesia's diverse pluralism must be understood as something that guides indonesia to tread peacefully and not monotonous diversity so that it adds color to the life of society, nation, state, and of course in religion. however, it is not uncommon for pluralism in indonesia to cause various kinds of conflicts, one of which is a conflict based on religious differences, which may also be driven by other interests such as political interests in the name of belief. this is very dangerous because indonesia is a very diverse country with diverse religions, ethnicities, groups, cultures, so everyone's awareness is needed of the urgency of tolerant attitudes among pluralistic people. the ideology of pancasila contains five principles, and the first principle is belief in one supreme god; the second principle is just and civilized humanity; the third principle is unity of indonesia; the fourth principle is democracy led by wisdom in deliberation/representation, and the fifth principle is social justice for all indonesian people. the ideology of pancasila contains substantive sharia values, which are included in every principle and follow the vision of indonesian nationhood.4 the pancasila values can unite, collaborate with all the elements to achieve and realize the goals of the state of indonesia.5 the five principles in pancasila are guidelines for the social life of people who recognize the unity of god, realize that justice and civilized attitudes are a reflection of the human person, the plurality of indonesian society from sabang to merauke with all differences in ethnicity, religion, language, culture does not become a split because of the existence of the 3rd principle of indonesian unity. furthermore, the presence of deliberation/representation in the indonesian constitutional system is a manifestation of the principle of people's sovereignty so that representatives of the people who come from all over indonesia with different backgrounds become the path of people's appreciation, one of which is in terms of religious tolerance. people's representatives who are in legislative positions, namely the people's representative council (dpr) and the regional 2 arief rifkiawan hamzah, ‘radikalisme dan toleransi berbasis islam nusantara’, sosiologi reflektif, 13.1 (2018), 19–35 http://ejournal.uinsuka.ac.id/isoshum/sosiologireflektif/article/view/131-03/1297 3 nathanael bagas setyawan, ‘analisis perlindugan terhadap toleransi kebeasan beragama di indonesia dalam perspektif hak asasi manusia’, nurani, 19.1 (2019), 27–34 https://doi.org/http://dx.doi.org/10.19109/nurani.v19i1.3100 4 lufaefi lufaefi, ‘celebrating sharia indonesia: islamic harmony and pancasila in the vision of indonesian nationality’, jurnal ilmiah al-syir’ah, 17.2 (2019), 106 https://doi.org/10.30984/jis.v17i2.951 5 sulistyorini sulistyorini, ‘pancasila as a paradigm for modern indonesia defense’, social sciences, humanities and education journal (she journal), 1.1 (2020), 32 https://doi.org/10.25273/she.v1i1.5856 https://www.jhcls.org/index.php/jhcls http://ejournal.uin-suka.ac.id/isoshum/sosiologireflektif/article/view/131-03/1297 http://ejournal.uin-suka.ac.id/isoshum/sosiologireflektif/article/view/131-03/1297 https://doi.org/http:/dx.doi.org/10.19109/nurani.v19i1.3100 https://doi.org/10.30984/jis.v17i2.951 https://doi.org/10.25273/she.v1i1.5856 issn 2807-2812 journal of human rights, culture and legal system 33 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) representatives council (dpd), when joined in carrying out their duties and functions, will become the people's consultative assembly (mpr) which has the authority to intervene in the constitutional regulation of religious tolerance. the following interpretation of the 5th principle is that all indonesian people have the right to get social justice in various forms, one of which is the freedom to adhere to religion according to their beliefs without being subject to social sanctions/exclusion. article 1, paragraph 3 of the constitution of the republic of indonesia mandates that the state of indonesia is a state of law. one of the characteristics of the rule of law is the protection of human rights for all people in the country without exception, which are recognized and protected by the state so that no one has the right to deprive other people of the freedom of human rights. the deprivation of the freedom of human rights of others is a form of denial of the law, so it is a crime that must be fought. the government has issued various regulations, but the critical question is whether these regulations protect religious freedom. the second amendment to the 1945 constitution in article 28e mandates the freedom for everyone to embrace their religion. this freedom is a human right guaranteed by the constitution, which is the indonesian state's highest basic law/constitution. freedom to believe in religion for everyone without exception is the main point of awareness of tolerance among religious believers without causing coercion, conflict, or even war between brothers of different beliefs because indonesia is a pluralistic country. tolerance is the will to coexist peacefully, built on love which is the nature of every human being. that attitude of tolerance, in general, is used as the adhesive for harmonious relations between religious believers6. the glue for the harmony of inter-religious life in the frame of tolerance can create the life of the community, nation, and state that can peacefully connect with mutual love and respect as fellow human beings. tolerance can also be interpreted as an attitude of letting others do things according to their will/interests. when it is called inter-religious tolerance, each religious community allows and maintains a conducive atmosphere for people of other religions to carry out their worship and spiritual teachings without being hindered. implementing prayer and education for each religion in a conducive atmosphere is crucial in understanding the essence of tolerance in the plurality of life among people.7 the urgency of inter-religious life is to create a harmonious community living in peace, mutual help, and avoid hostility so that diverse religions can unite the indonesian nation and realize the stability and progress of the country. the unity of the government is in line with the mandate of the 3rd principle, namely the 6 ahmad izzan, ‘menumbuhkan nilai toleransi dalam keragaman beragama’, kalam, 11.1 (2017) https://doi.org/10.21831/dinamika.v2i2.16036 7 kazuya masuda and muhammad halley yudhistira, ‘does education secularize the islamic population? the effect of years of schooling on religiosity, voting, and pluralism in indonesia’, world development, 130 (2020), 104915 https://doi.org/10.1016/j.worlddev.2020.104915 https://www.jhcls.org/index.php/jhcls https://doi.org/10.21831/dinamika.v2i2.16036 https://doi.org/10.1016/j.worlddev.2020.104915 34 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) unity of indonesia, which can be a supporter of indonesia's stability and progress. the strength and improvement of a heterogeneous nation and state like indonesia need to be instilled that the mutual respect between religious believers needs attention from every party and all walks of life. an attitude of religious tolerance can be achieved if each group is open-minded to maintain mutual peace.8 this can give meaning to the progress and energy of a plural society9. it supports the advancement of plural society life because it provides peace for all people who maintain a tolerant attitude towards existing differences. furthermore, the essence of tolerance is by showing an open-minded attitude, respecting each other both directly related to the religion adopted and in all other social activities10. community social activities do not only involve one group/religion, but interactions can occur with other groups/religions that live side-by-side with one another. tolerance is like water in the desert, which is very valuable because it will lead to mutually dangerous and useless conditions without tolerance between religious believers. then six strategies can be taken to build religious harmony: internalizing tolerance, maintaining brotherhood (ukhuwah), mutual respect, mutual trust and not prejudice, clarifying and confirming information, and being fair. overall, it can be understood that the strategic key to religious harmony is the acceptance/tolerance of fellow human beings and getting rid of negative attitudes that can be the seeds for the outbreak of conflicts between people. tolerance comes from an understanding of religion, humans, and the universe. humans are not viewed based on social backgrounds because humans are creatures of god11. as a creature of god who is all-powerful, nothing should intervene in the relationship between the servant and his lord (god). everyone is obliged to have a tolerant attitude towards others who believe in a different religion. tolerance in religious life is carried out both for social and spiritual interests to create harmony. social and religious interests are inseparable because, in religion, everyone is also social, so it is appropriate if tolerance becomes a pillar for social unity. therefore, understanding the constitutional arrangements in 8 mona alsheddi, ‘humility and bridging differences: a systematic literature review of humility in relation to diversity’, international journal of intercultural relations, 79.june (2020), 36– 45 https://doi.org/10.1016/j.ijintrel.2020.06.002 9 eko digdoyo, ‘kajian isu toleransi beragama, budaya, dan tanggung jawab sosial media’, jurnal pancasila dan kewarganegaraan, 3.1 (2018), 42–59 https://doi.org/10.24269/jpk.v3.n1.2018.pp4259 10 lars unstad and henning fjørtoft, ‘texts, readers, and positions: developing a conceptual tool for teaching disciplinary reading in religious education’, learning and instruction, 73 (2021) https://doi.org/10.1016/j.learninstruc.2020.101431 11 sudipta roy, samia huq, and aisha binte abdur rob, ‘faith and education in bangladesh: a review of the contemporary landscape and challenges’, international journal of educational development, 79 (2020), 102290 https://doi.org/10.1016/j.ijedudev.2020.102290 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijintrel.2020.06.002 https://doi.org/10.24269/jpk.v3.n1.2018.pp42-59 https://doi.org/10.24269/jpk.v3.n1.2018.pp42-59 https://doi.org/10.1016/j.learninstruc.2020.101431 https://doi.org/10.1016/j.ijedudev.2020.102290 issn 2807-2812 journal of human rights, culture and legal system 35 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) religious tolerance between diverse communities becomes very important to realize the protection of human rights. 2. research method this research is a type of normative research by describing, analyzing, and describing the constitutional arrangement of religious tolerance as a form of protection of human rights in indonesia. normative research/ doctrinal analysis provides a systematic exposition of the rules governing a particular legal category, analyzes the relationship between regulations, explains areas of diversity, and, perhaps, predicts future development. the research focuses on policies or regulations (laws and regulations) on the constitutional principle of religious tolerance to protect human rights in indonesia. the location of study was carried out in libraries and online portals in accessing library resources considering that the form of this research was library research. the approach used is a legal approach by tracing all laws and regulations related to policies or regulations (laws and regulations) on the constitutional regulation of religious tolerance as a form of protection of human rights in indonesia. the data collection technique used in this study is a library research technique, which is a data collection technique by reviewing scientific works, laws, regulations, books, reports, and other related materials related to the issues raised. in analyzing the data, the method used is a qualitative method that is juridical normative by managing, analyzing, and describing the results and discussion of research by providing an overview or explanation of the problems closely related to the topic of this research. then, data interpretation is carried out by concluding the phenomena that occur. the arrangement of the data is related to the laws and regulations, the opinions of experts, and legal theories. 3. results and discussion 3.1. constitutional arrangements for religious tolerance in indonesia according to the kamus besar bahasa indonesia (kbbi), tolerance is a nature or attitude (tolerance, generous, gentle, patient); openness; forgiveness; reception; definition; tolerance. the nature or attitude of tolerance is tolerant to accept and tolerate all differences that become variety in the social interactions of diverse communities. the urgency of tolerance for a pluralistic of the plural country is very significant for the process of development and progress of society, nation, and state. religious tolerance can consist of people with different beliefs or between people of different religions. indonesia is a country with a large population and even a country that can be categorized as having a population density above the average of other countries. the presence of differences in ethnicity, religion, race, class, culture, language is unavoidable. therefore, it is necessary to have a constitutional regulation of religious tolerance in indonesia to guarantee freedom of belief for everyone without any coercion from anyone and https://www.jhcls.org/index.php/jhcls 36 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) anything. the rules for being tolerant of others mandated directly by the highest fundamental law/ the constitution are expected to be guidelines obeyed by all parties in the territory of the unitary state of the republic of indonesia.12 the relationship between religious values and pancasila cannot be separated. pancasila was made based on spiritual matters that exist in indonesia. religion is not the enemy of pancasila because the importance of goodness in each religion has been mixed into one with the first principle of "belief in one supreme god" 13. freedom of religion is always built into state constitutional instruments so that the overall attitude of the diversity of citizens can be oriented to freedom of religion. without the freedom for people to practice their religion according to their beliefs, the state's role in ensuring this is flawed. the order to recognize the freedom to embrace one's religion has been contained and mandated in indonesia's highest basic law/constitution. the constitutional regulation of religious tolerance in indonesia is included directly in the constitution of the republic of indonesia of 1945/ undang-undang dasar negara republik indonesia tahun 1945. article 28e of the 1945 constitution states that (1). everyone is free to embrace religion and worship according to his religion, choose education and teaching, choose work, choose citizenship, choose a place of residence in the country's territory and leave it, and have the right to return; (2). everyone has the right to freedom to believe in beliefs, to express thoughts and attitudes according to his conscience. (3) everyone has the right to freedom of association, assembly, and expression. the freedom to embrace religion and worship before god almighty freedom to believe in beliefs that follow the wishes/conscience of each individual has been explicitly stated in article 28e of the 1945 indonesian constitution so that everyone has the right to determine their freedom without coercion. even the threat that leads to the deprivation of his liberty. at the same time, matters of belief in certain religions are not matters that can be intervened as long as the existence of that religion is recognized by the authorized government and does not have strange doctrine/ heretical doctrine that may conflict with the original faith. as an example of a case in indonesia, there are ahmadiyah beliefs that recognize their sect as believing in islam and believe that there are prophets after the prophet muhammad, which is not valid.14 12 viivi eskelinen and others, ‘exploring religiosity and attitudes towards christians and nonbelievers among recent muslim refugees to finland’, international journal of intercultural relations, 80.october 2020 (2021), 206–16 https://doi.org/10.1016/j.ijintrel.2020.10.007 13 muhammad hoiru nail and made arya utama, ‘pancasila and religious values in establishment of legal regulations’, jurnal magister hukum udayana (udayana master law journal), 9.2 (2020), 295 https://doi.org/10.24843/jmhu.2020.v09.i02.p06 14 andi akbar herman and muhammad jihadul hayat, ‘management of high secondary education after regional government law’, journal of human rights, culture and legal system, 1.2 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i2.11 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijintrel.2020.10.007 https://doi.org/10.24843/jmhu.2020.v09.i02.p06 https://doi.org/10.53955/jhcls.v1i2.11 issn 2807-2812 journal of human rights, culture and legal system 37 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) article 28g paragraph (1) states that everyone has the right to personal protection, family, honor, dignity, and property under his control and has the right to a sense of security and safety from the threat of fear to do or not do something which is a human right. the human right to obtain protection for a sense of security and to be free from threats to act, in this case, to believe in a particular religion, is strengthened by the mandate of article 28g paragraph (1). every person/human has the dignity of belief, so a tolerant attitude in the life of society, nation, and state must be upheld unconditionally. religious tolerance provides security and protection for all parties because it creates peace in social life. furthermore, article 28i (1), the right to life, the right not to be tortured, the right to freedom of thought and conscience, the right to religion, the right not to be enslaved, the right to be recognized as a person before the law, and the right not to be prosecuted on a legal basis retroactive effect is a human right that cannot be reduced under any circumstances. (2). everyone has the right to be free from discriminatory treatment and is entitled to protection against such discriminatory treatment. (3). the cultural identity and rights of traditional communities are respected in line with the development of the times and civilization. (4). protection, promotion, enforcement, and fulfillment of human rights are the state's responsibility, especially the government. (5). to uphold and protect human rights with the principle of a democratic rule of law, the implementation of human rights is guaranteed, regulated, and set forth in-laws and regulations. there are four paragraphs in the mandate of article 28i which contain the rights to religion, the right not to be discriminated against, respect for identity, and the fulfillment of all human rights, which are the responsibility of the government, which can be understood as a manifestation of the importance of tolerance for inter-faith and religious groups.15 before entering the particular chapter on religion, the indonesian constitution (uud) 1945 has regulated religious freedom for everyone, which is a fundamental right in several articles, so this reflects that indonesia, which is a sovereign legal state, gives sovereignty/freedom to its people as well. a particular chapter on religion was then included in the constitution, namely in chapter xi, article 29 (1). the state is based on the one godhead. (2) the state guarantees the freedom of each resident to embrace his religion and to worship according to his religion and belief. that the only divinity is one of the contents of pancasila, namely the 1st principle, which is then repeated in the content of article 29 paragraph (1) so that it shows that the right to believe in certain religions/beliefs is a matter that must not be intervened considering that god is one so that humans/servants in dealing with their god should not be under the pressure of others. god/religion is a matter 15 dr sofia lampropoulou and dr paul cooper, ‘the “grammar school pressure”: from tolerance to distance, to rejection of “scouse” in middle-class merseyside schools’, linguistics and education, 66 (2021), 100996 https://doi.org/10.1016/j.linged.2021.100996 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.linged.2021.100996 38 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) of freedom of belief for everyone. the state guarantees the freedom to embrace and worship according to their respective religions. the existence of this guarantee of freedom of belief is an implementation of the need for a tolerant attitude to religious tolerate interfaith.16 apart from the constitution, religious matters are also regulated in several indonesian legal regulations, such as presidential decree no. 1/1965, law no. 7/2012, and the criminal code. presidential decree no. 1/1965 concerning prevention of the abuse and blasphemy of religion stipulated that everyone is prohibited from causing hostility, abuse, or blasphemy against a religion professed in indonesia. the prohibition not causing enmity in faith requires awareness of tolerance. religious tolerance can prevent, minimize, and even eliminate social conflicts. as social conflicts raise religious issues that cause chaos and loss not only for the parties to the war but can also impact all parties, a conducive and peaceful situation is necessary to protect all indonesian people, as stated in the state objectives/preamble to the 1945 constitution.17 efforts to resolve conflicts are carried out with law number 7 of 2012 concerning the handling of social conflicts. in law 7 of 2012, it is stated that to maintain peaceful conditions in society; everyone is obliged to: develop an attitude of tolerance and mutual respect for freedom of worship following their religion and beliefs; respect the differences in ethnicity, language, and customs of others; recognize and treat human beings according to their dignity and worth; recognize equality and equality of rights and obligations of every human being without distinction of ethnicity, ancestry, religion, belief, gender, social position, and skin color; developing indonesian unity based on diversity; and respect the opinions and freedoms of others. the attitude of tolerance and mutual respect in religion is the main driving force for maintaining peaceful conditions between believers and religious groups. all existing differences are not a stimulant of conflict but a reminder that diversity requires mutual respect. everyone has fundamental rights and obligations regardless of ethnicity, ancestry, religion, belief, gender, social position, skin color, culture, or language. the concept of single diversity in advancing the unity of indonesia is an absolute obligation for all parties.18 16 landon schnabel, ‘more religious, less dogmatic: toward a general framework for gender differences in religion’, social science research, 75.april (2018), 58–72 https://doi.org/10.1016/j.ssresearch.2018.06.010 17 syahlan syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.7 18 e. ram-tiktin, ‘universal principles of justice and respect for cultural and religious diversity in the capability approach’, ethics, medicine and public health, 5 (2018), 35–46 https://doi.org/10.1016/j.jemep.2018.03.011 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ssresearch.2018.06.010 https://doi.org/10.53955/jhcls.v1i1.7 https://doi.org/10.1016/j.jemep.2018.03.011 issn 2807-2812 journal of human rights, culture and legal system 39 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) then, the criminal code (kuhp) contains threats of punishment for anyone who injures indonesian unity by fostering hatred/hostility between groups, committing religious abuse/blasphemy, which can also override the mandate of the pancasila, the 1st principle, namely belief in one god. article 156 "anyone who publicly expresses feelings of hostility, hatred or contempt towards one or several groups of the indonesian people, is threatened with a maximum imprisonment of four years or a maximum fine of four thousand five hundred rupiahs. the word group in this article and the following article means each part of the indonesian people is different from one or more parts because of race, country of origin, religion, place, origin, descent, nationality, or position according to constitutional law.19 article 156a, which is "shared with imprisonment for a maximum of five years whoever deliberately publicly expresses feelings or commits the following actions: a. which in essence is hostility, abuse or blasphemy against a religion professed in indonesia; b. with the intention that people do not adhere to any religion, which is based on the belief in the one supreme god. the existence of rules that can be imposed on criminals/punishments for anyone who commits prohibited acts or does not perform the recommended actions is expected to be an encouragement for the community to continue to maintain the pancasila ideology and the concept of unity in diversity as well as the mandate of the constitution/basic constitution of 1945. 3.2. protection of human rights in religious tolerance human rights are essentially inherent in every human being to maintain their life, nature, and dignity20. the essence and dignity of human beings, in this case, is the freedom to believe in religion, which is understood as a form of right for everyone without exception in living life as a sovereign human being to think without threats and coercion that can injure his sovereignty. recognition and protection of human rights follow the fundamental rights of human dignity without exception to avoid discrimination, violence, and oppression. discriminatory behavior, violence, and intimidation in groups different from other groups constitute persecution of human rights, which are the basis for the nature of human existence who are free and sovereign to determine their respective desires/beliefs. religious tolerance can maintain inter-religious harmony and inter-religious people. spiritual harmony, as stated in the guidelines for the implementation of maintaining religious harmony, is defined as a condition of relations between religious communities based on tolerance, mutual understanding, mutual respect, respect for equality in the practice of their spiritual teachings, and 19 p. łuków, ‘bioethics, policy compromise, and religious pluralism’, ethics, medicine and public health, 5 (2018), 99–109 https://doi.org/10.1016/j.jemep.2018.03.004 20 jennifer altamuro and others, ‘does it pay to pray? religious nonprofits and funding’, journal of accounting and public policy, xxxx, 2021, 106858 https://doi.org/10.1016/j.jaccpubpol.2021.106858 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jemep.2018.03.004 https://doi.org/10.1016/j.jaccpubpol.2021.106858 40 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) cooperation in social, national and state life within the unitary state of the republic of indonesia. based on pancasila and the 1945 constitution of the republic of indonesia, religious tolerance is a form of protection and recognition of human rights as stated in the constitution. indonesian constitution, article 22 (1) everyone is free to embrace their religion and worship according to their religion and beliefs. (2) the state guarantees the freedom of everyone to embrace their religion and to worship according to their religion and beliefs. there is a guarantee and protection from the state for everyone to obtain the freedom of religion by their beliefs.21 article 28j (1) everyone is obliged to respect the human rights of others in the orderly life of society, nation, and state; (2) in exercising his rights and freedoms, everyone is obliged to comply with the limitations stipulated by law for the sole purpose of guaranteeing the recognition and respect for the rights and freedoms of others and to fulfill fair demands following considerations of morals, values , and principles. religious values, security, and public order in a democratic society.22 respect for the human rights of others is the embodiment of social order and peace in society. the restrictions regulated by positive law/statutory regulations ensure that conflicts over the rights and freedoms of others do not occur to create conducive situations and conditions for all indonesian people. in addition to the constitution, the regulation of religious tolerance is also contained in several laws and rules which can be interpreted as further arrangements for the protection and guarantee of human rights, such as in law number 39 of 1999 and law number 12 of 2005. law number 39 of 1999 concerning human rights contains a prohibition on discrimination/restrictions, harassment, or exclusion based on differences in religion, ethnicity, race, ethnicity, group, class, social status, economic status, gender, language, political belief, which results in the reduction, deviation or elimination of the recognition, implementation or use of human rights and fundamental freedoms in both individual and communal life in the political, economic, legal, social, cultural and other aspects of life. then article 4 of the human rights law stipulates that "the right to life, the right not to be tortured, the right to personal freedom, thought and conscience, the right to religion, the right not to be enslaved, the right to be recognized as a person and equal before the law, and the right to not being prosecuted based on retroactive law is a 21 katherine marshall, ‘global education challenges: exploring religious dimensions’, international journal of educational development, 62.april (2018), 184–91 https://doi.org/10.1016/j.ijedudev.2018.04.005 22 maurice gesthuizen, michael savelkoul, and peer scheepers, ‘patterns of exclusion of ethnoreligious minorities: the ethno-religious hierarchy across european countries and social categories within these countries’, international journal of intercultural relations, 82.may 2020 (2021), 12–24 https://doi.org/10.1016/j.ijintrel.2021.03.001 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijedudev.2018.04.005 https://doi.org/10.1016/j.ijintrel.2021.03.001 issn 2807-2812 journal of human rights, culture and legal system 41 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) human right that cannot be reduced under any circumstances and by anyone." the right to embrace religion according to one's beliefs is also contained in the law on human rights, which no one can violate because it is a fundamental right that everyone has since his birth as a human being which can be understood as a gift from god almighty so that other human beings do not have the power to take away these rights. various countries have agreed on international conventions whose contents protect human rights as independent individuals in international relations. one of the international conventions that contain this matter has been adopted by indonesia through law number 12 of 2005 concerning ratification of the international covenant on civil and political rights. article 18 stipulates that: 1) everyone has the right to freedom of thought, belief, and religion. this right includes freedom to establish a religion or belief of his choice and freedom, either individually or in community with others, either in public or private, to manifest his religion and belief in worship, observance, practice, and doctrine. 2) no one can be forced to interfere with his freedom to have or to adopt a religion or belief of his choice. 3) freedom to practice and determine one's religion or belief may only be limited by provisions based on law and necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. everyone owns the freedom of belief and religion. it cannot be forced by anyone as long as it does not conflict with positive law that aligns with community morals and aims to create security, peace, order, and the welfare of people's lives. the state is obliged to protect against discrimination based on differences in belief/religion following the concept of human rights mandated by the 1945 constitution, which is the highest constitution/fundamental law in the unitary state of the republic of indonesia.23 4. conclusion constitutional arrangements regarding religion are contained in the 1945 constitution, namely in chapter xi, article 29, paragraphs (1) and (2). the right to believe in a particular religion/belief is a matter that should not be intervened, considering that god is only so that humans/servants in dealing with their god should not be under pressure from others. god/religion is a matter of freedom of belief for everyone. the state guarantees the freedom to embrace and worship according to their respective religions. the existence of this guarantee of freedom of faith is an implementation of the need for a tolerant attitude to tolerate religious interfaith. freedom of belief is owned by everyone and cannot be forced by anyone as long as it does not conflict with positive law, which aligns with community morals and aims to create security, peace, order, and welfare in 23avner seror, ‘a theory on the evolution of religious norms and economic prohibition’, journal of development economics, 134.may 2017 (2018), 416–27 https://doi.org/10.1016/j.jdeveco.2018.06.011 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jdeveco.2018.06.011 42 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) people's lives. the state is obliged to protect against discrimination based on differences in belief/religion following the concept of human rights mandated by the indonesian constitution 1945, which is the highest rule/fundamental law in the republic of indonesia. furthermore, religious tolerance is a form of protection of human rights that is recognized in indonesia as a country with diversity that has diversity throughout the region. tolerance is one of the keys to religious harmony based on mutual understanding and respect as fellow human beings. references alsheddi, mona, ‘humility and bridging differences: a systematic literature review of humility in relation to diversity’, international journal of intercultural relations, 79.june (2020), 36–45 https://doi.org/10.1016/j.ijintrel.2020.06.002 altamuro, jennifer, james bierstaker, lucy huajing chen, and erica harris, ‘does it pay to pray? religious nonprofits and funding’, journal of accounting and public policy, xxxx, 2021, 106858 https://doi.org/10.1016/j.jaccpubpol.2021.106858 eko digdoyo, ‘kajian isu toleransi beragama, budaya, dan tanggung jawab sosial media’, jurnal pancasila dan kewarganegaraan, 3.1 (2018), 42–59 https://doi.org/10.24269/jpk.v3.n1.2018.pp42-59 eskelinen, viivi, teemu pauha, jonas kunst, antti räsänen, and inga jasinskajalahti, ‘exploring religiosity and attitudes towards christians and nonbelievers among recent muslim refugees to finland’, international journal of intercultural relations, 80.october 2020 (2021), 206–16 https://doi.org/10.1016/j.ijintrel.2020.10.007 gesthuizen, maurice, michael savelkoul, and peer scheepers, ‘patterns of exclusion of ethno-religious minorities: the ethno-religious hierarchy across european countries and social categories within these countries’, international journal of intercultural relations, 82.may 2020 (2021), 12–24 https://doi.org/10.1016/j.ijintrel.2021.03.001 hamzah, arief rifkiawan, ‘radikalisme dan toleransi berbasis islam nusantara’, sosiologi reflektif, 13.1 (2018), 19–35 http://ejournal.uinsuka.ac.id/isoshum/sosiologireflektif/article/view/131-03/1297 herman, andi akbar, and muhammad jihadul hayat, ‘management of high secondary education after regional government law’, journal of human rights, culture and legal system, 1.2 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i2.11 hoiru nail, muhammad, and made arya utama, ‘pancasila and religious values in establishment of legal regulations’, jurnal magister hukum udayana (udayana master law journal), 9.2 (2020), 295 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijintrel.2020.06.002 https://doi.org/10.1016/j.jaccpubpol.2021.106858 https://doi.org/10.24269/jpk.v3.n1.2018.pp42-59 https://doi.org/10.1016/j.ijintrel.2020.10.007 https://doi.org/10.1016/j.ijintrel.2021.03.001 http://ejournal.uin-suka.ac.id/isoshum/sosiologireflektif/article/view/131-03/1297 http://ejournal.uin-suka.ac.id/isoshum/sosiologireflektif/article/view/131-03/1297 https://doi.org/10.53955/jhcls.v1i2.11 issn 2807-2812 journal of human rights, culture and legal system 43 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) https://doi.org/10.24843/jmhu.2020.v09.i02.p06 izzan, ahmad, ‘menumbuhkan nilai toleransi dalam keragaman beragama’, kalam, 11.1 (2017) https://doi.org/10.21831/dinamika.v2i2.16036 lampropoulou, dr sofia, and dr paul cooper, ‘the “grammar school pressure”: from tolerance to distance, to rejection of “scouse” in middle-class merseyside schools’, linguistics and education, 66 (2021), 100996 https://doi.org/10.1016/j.linged.2021.100996 lufaefi, lufaefi, ‘celebrating sharia indonesia: islamic harmony and pancasila in the vision of indonesian nationality’, jurnal ilmiah al-syir’ah, 17.2 (2019), 106 https://doi.org/10.30984/jis.v17i2.951 łuków, p., ‘bioethics, policy compromise, and religious pluralism’, ethics, medicine and public health, 5 (2018), 99–109 https://doi.org/10.1016/j.jemep.2018.03.004 marshall, katherine, ‘global education challenges: exploring religious dimensions’, international journal of educational development, 62.april (2018), 184–91 https://doi.org/10.1016/j.ijedudev.2018.04.005 masuda, kazuya, and muhammad halley yudhistira, ‘does education secularize the islamic population? the effect of years of schooling on religiosity, voting, and pluralism in indonesia’, world development, 130 (2020), 104915 https://doi.org/10.1016/j.worlddev.2020.104915 muhid, abdul, ‘religious tolerance among college students: how it’s influenced by religious orientation and personality traits?’, humanitas: indonesian psychological journal, 17.1 (2020), 55 https://doi.org/10.26555/humanitas.v17i1.12222 ram-tiktin, e., ‘universal principles of justice and respect for cultural and religious diversity in the capability approach’, ethics, medicine and public health, 5 (2018), 35–46 https://doi.org/10.1016/j.jemep.2018.03.011 roy, sudipta, samia huq, and aisha binte abdur rob, ‘faith and education in bangladesh: a review of the contemporary landscape and challenges’, international journal of educational development, 79 (2020), 102290 https://doi.org/10.1016/j.ijedudev.2020.102290 schnabel, landon, ‘more religious, less dogmatic: toward a general framework for gender differences in religion’, social science research, 75.april (2018), 58– 72 https://doi.org/10.1016/j.ssresearch.2018.06.010 seror, avner, ‘a theory on the evolution of religious norms and economic prohibition’, journal of development economics, 134.may 2017 (2018), 416–27 https://doi.org/10.1016/j.jdeveco.2018.06.011 setyawan, nathanael bagas, ‘analisis perlindugan terhadap toleransi kebeasan beragama di indonesia dalam perspektif hak asasi manusia’, nurani, 19.1 (2019), 27–34 https://doi.org/http://dx.doi.org/10.19109/nurani.v19i1.3100 sulistyorini, sulistyorini, ‘pancasila as a paradigm for modern indonesia defense’, social sciences, humanities and education journal (she journal), 1.1 (2020), 32 https://doi.org/10.25273/she.v1i1.5856 https://www.jhcls.org/index.php/jhcls https://doi.org/10.24843/jmhu.2020.v09.i02.p06 https://doi.org/10.21831/dinamika.v2i2.16036 https://doi.org/10.1016/j.linged.2021.100996 https://doi.org/10.30984/jis.v17i2.951 https://doi.org/10.1016/j.jemep.2018.03.004 https://doi.org/10.1016/j.ijedudev.2018.04.005 https://doi.org/10.1016/j.worlddev.2020.104915 https://doi.org/10.26555/humanitas.v17i1.12222 https://doi.org/10.1016/j.jemep.2018.03.011 https://doi.org/10.1016/j.ijedudev.2020.102290 https://doi.org/10.1016/j.ssresearch.2018.06.010 https://doi.org/10.1016/j.jdeveco.2018.06.011 https://doi.org/http:/dx.doi.org/10.19109/nurani.v19i1.3100 https://doi.org/10.25273/she.v1i1.5856 44 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 31-44 nurfaika ishak, et.al (constitutional religious tolerance …) syahlan, syahlan, ‘effective and efficient synchronization in harmonization of regulations indonesia’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.7 unstad, lars, and henning fjørtoft, ‘texts, readers, and positions: developing a conceptual tool for teaching disciplinary reading in religious education’, learning and instruction, 73 (2021) https://doi.org/10.1016/j.learninstruc.2020.101431 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i1.7 https://doi.org/10.1016/j.learninstruc.2020.101431 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 66-77 66 https://doi.org/10.53955/jhcls.v2i1.31 journalhumanrightslegalsystem@gmail.com mainstreaming restorative justice in termination of prosecution in indonesia femmy silaswaty farieda*, hadi mahmuda, suparwia a faculty of law of universitas islam batik, indonesia *corresponding author: bhadrasentosa@gmail.com 1. introduction restorative justice is identified as an approach to correct the harm by giving the victim and those responsible for the harm an opportunity of communicating about and addressing their needs following the crime.1 restorative justice is used as well as the strategy of handling the crime to deal with dissatisfaction with the less optimal performance of conventional criminal justice system leading to retributive justice.2 restorative justice is an alternative to the settlement of criminal case with 1moh iqra, syabani korompot, and al-fatih david, ‘the principle of equality before the law in indonesian corruption case : is it relevant ?’, journal of human rights, culture and legal system, 1.3 (2021), 135–46. https://doi.org/10.53955/jhcls.v1i3.13 2zvi d gabbay, ‘justifying restorative justice: a theoretical justification for the use of restorative justice practices’, journal of dispute resolution, 2 (2005), 349–98. shih ya kuo, dennis a r t i c l e i n f o a b s t r a c t article history received: february 22, 2021 revised: march 25, 2022 accepted: march 29, 2022 by law, under the principle of opportunity, public prosecutors have been entitled to the authority to proceed or terminate the criminal cases under their authority. however, the termination of prosecution by the attorney generals is mostly not followed by a victim-oriented settlement. in this case, the principle of opportunity is not in line with the victim interest. on the other hand, the direction of legal reform in indonesia promotes restorative justice approach in every criminal case settlement. in this regard, this article aims to investigate the way to implement restorative justice in case terminations by general attorney of indonesia. this research relies on socio-legal approach. data were collected through the investigation of regulations and works of literature related to the termination of prosecution of criminal cases and restorative justice. the result of this study indicates that the regulation concerning termination of prosecution based on restorative justice is obviously departed from the public needs. according to general attorney regulation, restorative justice which is oriented to the public interest has the chance to be implemented as the basis for termination of prosecution of criminal cases; therefore, the penal court can be addressed as the last option (ultimum remidium). this is an open-access article under the cc–by 4.0 license. keywords prosecutor, restorative justice, termination of prosecution https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.31 mailto:journalhumanrightslegalsystem@gmail.com https://doi.org/10.53955/jhcls.v1i3.13 https://creativecommons.org/licenses/by/4.0/ https://www.jhcls.org/index.php/jhcls http://creativecommons.org/licenses/by-sa/4.0/ issn 2807-2812 journal of human rights, culture and legal system 67 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) an emphasis on integral approach between perpetrator and victim and community to find solution and to get back into good relation pattern in the society. 3 restorative justice, according to daniel w. van ness and karen heetderks strong, emphasizes the correction of the harm generated by criminal behavior, conducted by confronting the parties to decide the best solution to the case occurring. john braithwaite suggests that the primary purpose of restorative justice is to heal the harm resulting from the perpetrator’s deed and conciliation and reconciliation among victims, perpetrators, and communities. thus, the feeling of shyness and personal and family responsibility will grow into their guilt and correct it adequately.4 according to bagir manan, restorative justice involves the principles to establish joint participation between perpetrator, victim, and community group to resolve a criminal event. it positions the perpetrator, victim, and communities to be “stakeholders” working collectively to find a fair solution for the parties (win-win solutions). susan sharpe explains 7 (five) principles in restorative justice: (1) restorative justice involves full participation and consensus, in which victim and perpetrator should participate actively in negotiation to find a comprehensive resolution. it also gives those harmed by the perpetrators an opportunity of discussing to solve this problem; (2) restorative justice looks for solutions to restore and heal the harm due to criminal acts committed by the perpetrator. it involves the attempt to heal the victims for the crime affecting them; (3) restorative justice gives the perpetrator the full responsibility for his/her deed, in which he/she should be regretful and admit his/her guilt and be aware that it has harmed others; (4) restorative justice tries to reintegrate the perpetrator into the normal life from which he/she has been separated so far due to the crime, through reconciling the victim and perpetrator; (5) restorative justice enables the people to prevent the repeated crime from occurring. crime harms social life but people can take some lessons from it to reveal genuine justice for all the people.5 the provision in article 3 clause (2) letter (e) of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 concerning termination6 of prosecution based on restorative justice mentions that the closing of case can be longmire, and steven j. cuvelier, ‘an empirical assessment of the process of restorative justice’, journal of criminal justice, 38.3 (2010), 318–28 https://doi.org/10.1016/j.jcrimjus.2010.03.006 3vasily lokteff, justice of both sides: transforming education through restorative justice, journal of transformative leadership & policy studies (harvard education press, 2020), ix https://doi.org/10.36851/jtlps.v9i1.2411 4michele r. decker and others, ‘defining justice: restorative and retributive justice goals among intimate partner violence survivors’, journal of interpersonal violence, 2020, 0886260520943728 https://doi.org/10.1177/0886260520943728 5alejandra díaz gude and iván navarro papic, ‘restorative justice and legal culture’, criminology and criminal justice, 20.1 (2020), 57–75 https://doi.org/10.1177/1748895818796549 6raymond ali, ‘restructuring the termination of prosecution in the criminal jurisdiction system of indonesia’, sch int j law crime justice, 4.2 (2021), 27–33 https://doi.org/10.36348/sijlcj.2021.v04i02.001 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jcrimjus.2010.03.006 https://doi.org/10.36851/jtlps.v9i1.2411 https://doi.org/10.1177/0886260520943728 https://doi.org/10.1177/1748895818796549 https://doi.org/10.36348/sijlcj.2021.v04i02.001 68 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) done for the sake of law, among others if there has been a case settled out of the court.7 furthermore, article 3 clause (3) of the office of attorney general of the republic of indonesia’s regulation explains that the process can be done with the following provisions: (1) for certain crimes with maximum fine to be paid voluntarily according to the provision of legislation; or (2) restoration has been made into original condition using some approach.8 the five following points should be considered to terminate the prosecution using the restorative justice approach, as confirmed in the article 4 clause (1) of the office of attorney general of the republic of indonesia’s regulation: (1) victim interest and other legal interests protected; (2) negative stigma annulment; (3) revenge annulment; (4) community response and harmony; and (5) properness, decency, and public orderliness. public prosecutor pays attention to points, as specified in article 4 clause (4) of the office of attorney general of the republic of indonesia’s regulation: (1) subject, object, category, and potential crime; (2) background of crime; (3) dishonor; (4) harm or consequence resulting from the crime; (4) cost and benefit of case management; (5) restoration to its original state; and (5) reconciliation between victim and suspect. the handling of crime based on retributive justice is offender-oriented. repressive and coercive characteristics are the center point. punishment is considered fair retribution for the loss resulting from the perpetrator of the crime’s deed. for that reason, the punishment is justified morally.9 punishment expresses that the perpetrator of a crime has responsibility for the article of law he/she has broken. the criminal justice system with the retributive justice paradigm is closely related to imprisonment. imprisonment as one basic punishment is the type of punishment mostly threatened in the penal code and so is the criminal provision beyond kuhp, formulated either singly or cumulatively-alternatively with other criminal sanctions. the number of imprisonments included in penal code reaches 98% (ninety-eight percent) of total crime. meanwhile, in the punishment provision beyond penal code, imprisonment reaches about 92%. 7abraham ethan martupa sahat marune and teguh prasetyo, ‘efforts to stop prosecutions based on the regulation of the prosecutors of the republic of indonesia number 15 of 2020 perspective of the theory of dignity justice’, budapest international research and critics institute (birci-journal): humanities and social sciences, 5.1 (2022), 133–42 https://doi.org/10.33258/birci.v5i1.3586 8 daye gang and others, ‘a call for evaluation of restorative justice programs’, trauma, violence, and abuse, 22.1 (2021), 186–90 https://doi.org/10.1177/1524838019833003: daniel w van ness, the shape of things to come: a framework for thinking about a restorative justice system, presented at the fourth international conference on restorative justice for juveniles (willan, 2000). 9 ahmad syaufi, diana haiti, and mursidah, ‘application of restorative justice values in settling medical malpractice cases’, international journal of criminology and sociology, 10.7 (2021), 103–10 https://doi.org/10.6000/1929-4409.2021.10.14 https://www.jhcls.org/index.php/jhcls https://doi.org/10.33258/birci.v5i1.3586 https://doi.org/10.1177/1524838019833003 https://doi.org/10.6000/1929-4409.2021.10.14 issn 2807-2812 journal of human rights, culture and legal system 69 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) 2. research method this study is socio-legal research that is equipped with regulatory investigations. the main legal source is the laws and regulations concerning the attorney general's office of the republic of indonesia. secondary legal materials are obtained from the literature that shows the urgency of restorative justice in criminal cases. after the data is obtained, it is analyzed using a legal system theory approach, which includes legal substance, legal structure, and legal culture. 3. results and discussion restorative justice approach in criminal justice system will be well implemented if it meets the following requirements: (1) the perpetrators should admit or state to be guilty; (2) the victims should agree that the crime is settled out of criminal justice system; (3) police or attorney as the institution with discretionary authority should approve the implementation of restorative justice; and (4) the implementation of settlement out of criminal justice system should be supported by local community. in principle, restorative justice can be applied in all stages of criminal justice system. referring to the provision of criminal procedural code, criminal justice system consists of investigation (opsporing), prosecution (vervolging), trialing (rechtspraak), judge decision implementation (executie), and judge decision supervision and observation. the stages of process are interrelated toward one shared goal, law enforcement.10 restorative justice can be applied in all stages of criminal justice system in principle. considering the provision of criminal procedural code, criminal justice system consists of investigation (opsporing), prosecution (vervolging), trialing (rechtspraak), judge decision implementation (executie), and judge decision supervision and observation processes. the stages of process are interrelated with one shared goal, law enforcement. restorative justice approach in criminal justice system will be implemented well, when the following requirements are met: (1) perpetrators admit or state their guilt; (2) the victims agree to settle the crime out of criminal justice system; (3) police or attorney, as the institution with discretionary authority, approves the implementation of restorative justice; and (4) local community supports the implementation of settlement out of criminal justice system. one of subsystems in criminal justice system is the prosecution done by the office of attorney through public prosecutor. the prosecution refers to legality and opportunity principles. legality principles is the obligation of public prosecutor to prosecute any case filed to it based on the principle of equality before the law, while the principle of opportunity is the public prosecutor’s right to continue or to 10 stacy ann robinson and d’arcy carlson, ‘a just alternative to litigation: applying restorative justice to climate-related loss and damage’, third world quarterly, 42.6 (2021), 1384–95 https://doi.org/10.1080/01436597.2021.1877128 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1080/01436597.2021.1877128 70 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) discontinue the case filed to it “for the sake of public interest”. 11 a method to examine and to understand the legal problem better is to use system approach. william a. shore and j.r voich defines system as “a set of interrelated parts, working independently and jointly, in pursuit of common objectives of the whole, within a complex environment. furthermore, shore and voich explain the basic definition of system, including: (1) system is always purpose oriented; (2) whole or more than the number and its parts; (3) a system interacting with the larger one, its environment; (4) the performance of the system’s parts or elements create something valuable; (5) each of parts should match each other; and (6) there is a uniting power that bind the system. the comprehension on system can be defined as a series or a number of interrelated elements to achieve certain objective. muladi in his book entitled “kapita selekta sistem peradilan pidana” states that system should be viewed from the context, either physical system in the sense of a set of elements working in integrated manner to achieve an objective or abstract system in the sense of ideas constituting an organized arrangement of interdependent elements. considering those varying definitions of system aforementioned, legal system, according to sudikno mertokusumo, is defined as a unified whole composed of closely interrelated parts or elements. satjipto rahardjo states that legal system moves between 2 (two) different worlds: value and daily or social reality. as a result, dissension often occurs when the law is applied. when the law replete with value will be realized, it should face various factors affecting its social environment. thus, law is one of subsystems among social, like social, cultural, political, and economical subsystems. it means that law is inseparable from society as its work base.12 lawrence m. friedman suggests three components of legal sub-systems affecting the performance of legal system: first, legal substance is a set of principle values and legal norms existing or commonly called law in the books in a legal system. friedman explains the legal substance as follows: “by this is meant the actual rules, norms, and behavior patterns of people inside the system. this is, first of all, “the law” in the popular sense of the term the fact that the speed limit is fifty-five miles an hour, that burglars can be sent to prison, that “by law” a pickle maker has to list 11 masahiro suzuki and xiaoyu yuan, ‘how does restorative justice work? a qualitative metasynthesis’, criminal justice and behavior, 2021, 0093854821994622 https://doi.org/10.1177/0093854821994622 12 abdul kadir jaelani and resti dian luthviati, ‘the crime of damage after the constitutional court’s decision number 76/puu-xv/2017’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.5: daniel w van ness and karen heetderks strong, ‘3 restorative justice: justice that promotes healing bt restoring justice (fifth edition)’, ed. by daniel w van ness and karen heetderks b t restoring justice (fifth edition) strong (boston: anderson publishing, ltd., 2015), pp. 43–60 https://doi.org/https://doi.org/10.1016/b978-1-45573139-8.00003-0 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1177/0093854821994622 https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/https:/doi.org/10.1016/b978-1-4557-3139-8.00003-0 https://doi.org/https:/doi.org/10.1016/b978-1-4557-3139-8.00003-0 issn 2807-2812 journal of human rights, culture and legal system 71 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) his ingredients on the label of the jar.”13 second, legal structure, in this theory called structural system, determines whether or not the law is implemented well. friedman explains legal structure as follows: “to begin with, the legal system consists of elements of the kind: the number and size of courts; their jurisdiction structure also means how the legislature is organized…what procedures the police department follow, and so on. structure, in way, is a kind of cross section of the legal system…a kind of still photograph, with freezes the action.” third, legal culture is closely related to the society’s legal consciousness. the higher the society’s legal consciousness, the better will be the legal culture created and the better will be the people’s mindset on the law. simply, the level of compliance constituting the society culture to the law is an indicator of the legal function. friedman explains legal culture as follows: “…people’s attitudes toward law and legal system―their beliefs, values, ideas, and expectations… the legal culture, in other words, is the climate of social thought and social force which determines how law is used, avoided, or abused. without legal culture, the legal system is inert―a dead fish lying in a basket, not a living fish swimming in the sea. consequence and implication of the relationship between subsystems are, among others: (1) all subsystems will be interdependent, because product (output) of a subsystem is the input to other subsystem, and (2) system approach encourages the interagency consultation and cooperation that in turn will improve the attempt of arranging the strategy of entire system.14 considering the literature study and the field observation related to the implementation in the office of attorney general of republic’s regulation, some gaps are found and will be analyzed using lawrence m. friedman’s system approach. the office of attorney general of republic’s regulation is in line with the general principles and puts the criminal process to be the last resort by prioritizing the aspect of justice and public interest.15 however, there are some weaknesses related to law certainty contained in article 5: (1) criminal case can be closed for the sake of law and the prosecution can be terminated if the following requirements have been met: a) the suspect commits the crime for the first time; b) the crime is threatened with fine sanction or no more than 5 (five)-year imprisonment only; and c) the crime is committed with the values of evidence or loss resulting in no more than idr 2,500,000 (two million and five hundred rupiah). (2) the prosecution against the property-related crime can be discontinued in the 13 kerry clamp, restorative justice in transition, restorative justice in transition (routledge, 2013) https://doi.org/10.4324/9780203715192 14 kimberly de beus and nancy rodriguez, ‘restorative justice practice: an examination of program completion and recidivism’, journal of criminal justice, 35.3 (2007), 337–47 https://doi.org/10.1016/j.jcrimjus.2007.03.009 15 bona fernandez martogi tua simbolon, alvi syahrin, and madiasa ablisar, ‘juridical review of comparative prosecution systems in indonesia and the united states of prosecutors based on restorative justice’, in second international conference on public policy, social computing and development (icoposdev 2021) (atlantis press, 2022), pp. 85–91 https://doi.org/10.2991/assehr.k.220204.014 https://www.jhcls.org/index.php/jhcls https://doi.org/10.4324/9780203715192 https://doi.org/10.1016/j.jcrimjus.2007.03.009 https://doi.org/10.2991/assehr.k.220204.014 72 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) case of casuistic criteria or condition is met based on the deliberation of public prosecutor and the approval of the head of district attorney subsidiary office by considering the precondition as mentioned in clause (1) letter a, and followed with letter b or letter c. article 5 clause (5) mentions “the provision as mentioned in clauses (3) and (4) does not apply in the case of there is casuistic criteria or condition and according to the deliberation of public prosecutor with the approval of the head of district attorney subsidiary office, prosecution cannot be discontinued”. meanwhile, in the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution based on restorative justice16 there is no information on the parameter used by the public prosecutor in deciding whether or not criminal case contain casuistic condition. thus, referring to this article, there has been no criterion to decide whether or not the case can be discontinued based on restorative justice. therefore, this article 5 clause (5) can result in multiinterpretation in the application of crime. in legal structure aspect, based on the experience of the attorney in central java provincial attorney office’s jurisdiction, some challenges are found in the implementation of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution. no monitoring and evaluation mechanism available can lead to the deviation in the implementation of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution based on restorative justice.17 the deviation very potentially occurs when the process of settling the crime using restorative justice is made transactional. supervision through monitoring and evaluation mechanism is an important fortress to prevent this deviation. legal culture is people’s attitude, value, and view on law. legal culture influences strongly the component in the terms of legal substance and legal structure. therefore, different views on the meaning of justice among the parties also contribute to the successful implementation of restorative justice in the process of settling the criminal case.18 the parties participating in the settlement of case using the approach including victim, perpetrator, law enforcer, and those related tend to be varying. generally, restorative justice is a process of settling the crimes by involving those affected by the crime to participate actively in discussing the resolution to repair or to restore 16 nuannuan lin, ‘the restorative role of apology in resolving medical disputes: lessons from chinese legal culture’, journal of bioethical inquiry, 12.4 (2015), 699–708 https://doi.org/10.1007/s11673-015-9657-1 17 syahreni agustin, ismansyah ismansyah, and aria zurnetti, ‘implementation of the regulation of the prosecutor of the republic of indonesia number 15 of 2020 concerning termination of prosecutions based on restorative justice in the jurisdiction of the high prosecutors of west sumatra’, international journal of multicultural and multireligious understanding, 8.11 (2021), 506–20 https://doi.org/10.18415/ijmmu.v8i11.3205 18 deri mulyadi and others, ‘medical negligence dispute settlement in indonesia’, indian journal of forensic medicine and toxicology, 14.4 (2020), 4229–33 https://doi.org/10.37506/ijfmt.v14i4.12304 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1007/s11673-015-9657-1 https://doi.org/10.18415/ijmmu.v8i11.3205 https://doi.org/10.37506/ijfmt.v14i4.12304 issn 2807-2812 journal of human rights, culture and legal system 73 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) the loss generated in the crime. however, in its implementation, restorative justice is still defined as a reconciling attempt that is output oriented (reconciliation). meanwhile, the concept of restorative justice is not always outcome oriented, but process-, program choice, and then outcome-oriented. as governed in the united nation basic principles on the use of restorative justice programmes in criminal matter, restorative justice programme is defined as any program using restorative process and attempt to achieve restorative outcome. therefore, culturally a comprehensive intact comprehension should be created in legal education to the people by involving public participation to comprehend a variety of legal products concerning restorative justice.19 to achieve a successful implementation of restorative justice in the implementation of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution based on restorative justice, some strategic measures are proposed to address the factual problem focusing on legal substance, structure, and culture. the explanation related to casuistic context in article 5 of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution based on restorative justice is required. to prevent the deviation in the application of article 5 of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution based on restorative justice, further explanation is required related to the parameter used by public prosecutor in deciding whether or not there are casuistic criteria in a criminal case.20 the integration of basic provisions of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution based on restorative justice into the draft of the amendment to the law number 16 of 2004 about the office of attorney general of republic of indonesia. the change of retributive justice into restorative justice paradigm is a part of the amendment to the law number 16 of 2004 about the office of attorney general of republic of indonesia.21 therefore, basic provision of the termination of prosecution for the sake of restorative justice application can be included into the draft to provide stronger legal foundation and to guarantee the actual implementation. anticipative measure is important to take to deal with the deviation in the application of restorative justice through establishing monitoring and evaluation mechanism related to the implementation of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of 19 christopher d. marshall, ‘restorative justice’, in religion matters: the contemporary relevance of religion (springer, singapore, 2020), pp. 101–17 https://doi.org/10.1007/978-981-15-2489-9_7 20 lego karjoko and others, ‘the urgency of restorative justice on medical dispute resolution in indonesia’, al-ihkam: jurnal hukum & pranata sosial, 16.2 (2021), 362–92 https://doi.org/10.19105/allhkam.v16i2.5314 21 iqbal risha ahmadi and suteki suteki, ‘restorative justice as a basis for stopping prosecution by prosecutors in a human rights perspective’, melayunesia law, 5.1, 99–112 https://doi.org/10.30652/ml.v5i1.7806 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1007/978-981-15-2489-9_7 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.30652/ml.v5i1.7806 74 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) prosecution based on restorative justice with the following provisions: (1) monitoring and evaluation is conducted periodically according to the implementation of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution based on restorative justice; and (2) the result of monitoring and evaluation is arranged in the form of hard work and reported to the leader. the sustainable organization of education and training aims to improve the comprehension of law enforcers, particularly attorney as the public prosecutor and government-based service provider, on the concept of criminal case settlement. the implementation of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution based on restorative justice is the most important element to the achievement of justice aspect. for that reason, this education and training should emphasize the level of concept and mechanism to implement the regulation optimally.22 legal education should create a law-conscious society. legal consciousness is defined as understanding the presence of law that regulates the people behavior. however, in practice the legal consciousness is instead defined as the achievement of law-obeying society rather than the law-understanding society. legal consciousness is actually to understand the presence of law that also protects their right as the citizen. therefore, legal education program should also emphasize the people’s consciousness of their rights as citizens in the future. in this context, socialization is expected to make the public understand the concept of justice in the criminal case settlement.23 strategic measures to address the factual problem in the implementation of the office of attorney general regulation are: (1) explaining the casuistic context in article 5; (2) integrating the basic provisions of the office of attorney general regulation into the draft of the amendment to the law number 16 of 2004 about the office of attorney general of republic of indonesia; (3) establishing monitoring and evaluation mechanism related to the implementation of the office of attorney general regulation; (4) organizing education and training for case management with approach to law enforcer and government-based service provider; and (5) changing legal socialization paradigm and practice. the office of attorney is considered as dominus litis with central position in law enforcement because it is only the office of attorney that holds the power to decide whether a case can be forwarded to the court based on the legitimate evidence as specified in the code of criminal procedure. the dominus litis authority is confirmed by the attorney general regulation based on restorative justice expectedly more effective. 22 lois presser and patricia van voorhis, ‘values and evaluation: assessing processes and outcomes of restorative justice programs’, crime and delinquency, 48.1 (2002), 162–88 https://doi.org/10.1177/0011128702048001007 23 ridhollah agung erinsyah and elwi danil, ‘reform of criminal law through restorative justice in returning state losses from corporation as the perpetrator of corruption’, international journal of multicultural and multireligious understanding, 6.6 (2019), 497–508. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1177/0011128702048001007 issn 2807-2812 journal of human rights, culture and legal system 75 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) 4. conclusion the existence of restorative justice in prosecution stage in indonesian criminal justice system is governed in the office of attorney general regulation number 15 of 2020 about the termination of prosecution. this regulation drafting departs from the people’s legal need for the restoration to original condition and the balanced protection and interest of crime victims and perpetrators that the conventional criminal justice system cannot fulfill. using legal system theory approach, it can be found several challenges in the implementation of the office of attorney general of republic of indonesia’s regulation. in the attorney’s jurisdiction: (1) unavailable explanation about casuistic context in article 5 clauses (3) and (4) of the office of attorney general of republic of indonesia’s regulation number 15 of 2020 about the termination of prosecution leads to multi-interpretation; (2) unavailable monitoring and evaluation mechanism to prevent the deviation in the implementation of the office of attorney general of republic of indonesia’s regulation; and (3) poor understanding on the concept among victim, perpetrator, law enforcer, and those related. references agustin, syahreni, ismansyah ismansyah, and aria zurnetti, ‘implementation of the regulation of the prosecutor of the republic of indonesia number 15 of 2020 concerning termination of prosecutions based on restorative justice in the jurisdiction of the high prosecutors of west sumatra’, international journal of multicultural and multireligious understanding, 8.11 (2021), 506–20 https://doi.org/10.18415/ijmmu.v8i11.3205 ahmadi, iqbal risha, and suteki suteki, ‘restorative justice as a basis for stopping prosecution by prosecutors in a human rights perspective’, melayunesia law, 5.1, 99–112 https://doi.org/10.30652/ml.v5i1.7806 ali, raymond, ‘restructuring the termination of prosecution in the criminal jurisdiction system of indonesia’, sch int j law crime justice, 4.2 (2021), 27–33 https://doi.org/10.36348/sijlcj.2021.v04i02.001 aroma elmina martha, ‘penal mediation for medical dispute settlement in indonesia perspective’, in the european conference on politics, economics & law, 2016 clamp, kerry, restorative justice in transition, restorative justice in transition (routledge, 2013) https://doi.org/10.4324/9780203715192 de beus, kimberly, and nancy rodriguez, ‘restorative justice practice: an examination of program completion and recidivism’, journal of criminal justice, 35.3 (2007), 337–47 https://doi.org/10.1016/j.jcrimjus.2007.03.009 decker, michele r., charvonne n. holliday, zaynab hameeduddin, roma shah, janice miller, joyce dantzler, and others, ‘defining justice: restorative and retributive justice goals among intimate partner violence survivors’, journal https://www.jhcls.org/index.php/jhcls https://doi.org/10.18415/ijmmu.v8i11.3205 https://doi.org/10.30652/ml.v5i1.7806 https://doi.org/10.36348/sijlcj.2021.v04i02.001 https://doi.org/10.4324/9780203715192 https://doi.org/10.1016/j.jcrimjus.2007.03.009 76 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) of interpersonal violence, 2020, 0886260520943728 https://doi.org/10.1177/0886260520943728 díaz gude, alejandra, and iván navarro papic, ‘restorative justice and legal culture’, criminology and criminal justice, 20.1 (2020), 57–75 https://doi.org/10.1177/1748895818796549 erinsyah, ridhollah agung, and elwi danil, ‘reform of criminal law through restorative justice in returning state losses from corporation as the perpetrator of corruption’, international journal of multicultural and multireligious understanding, 6.6 (2019), 497–508 gabbay, zvi d, ‘justifying restorative justice: a theoretical justification for the use of restorative justice practices’, journal of dispute resolution, 2 (2005), 349–98 gang, daye, bebe loff, bronwyn naylor, and maggie kirkman, ‘a call for evaluation of restorative justice programs’, trauma, violence, and abuse, 22.1 (2021), 186–90 https://doi.org/10.1177/1524838019833003 jaelani, abdul kadir, and resti dian luthviati, ‘the crime of damage after the constitutional court’s decision number 76/puu-xv/2017’, journal of human rights, culture and legal system, 1.1 (2021), 2807–12 https://doi.org/10.53955/jhcls.v1i1.5 karjoko, lego, i gusti ayu ketut rachmi handayani, abdul kadir jaelani, jaco barkhuizen, and muhammad jihadul hayat, ‘the urgency of restorative justice on medical dispute resolution in indonesia’, al-ihkam: jurnal hukum & pranata sosial, 16.2 (2021), 362–92 https://doi.org/10.19105/allhkam.v16i2.5314 kimberly de beus and nancy rodriguez, ‘restorative justice practice: an examination of program completion and recidivism’, journal of criminal justice, 35.3 (2007), 337–47 https://doi.org/10.1016/j.jcrimjus.2007.03.009 kuo, shih ya, dennis longmire, and steven j. cuvelier, ‘an empirical assessment of the process of restorative justice’, journal of criminal justice, 38.3 (2010), 318– 28 https://doi.org/10.1016/j.jcrimjus.2010.03.006 lin, nuannuan, ‘the restorative role of apology in resolving medical disputes: lessons from chinese legal culture’, journal of bioethical inquiry, 12.4 (2015), 699–708 https://doi.org/10.1007/s11673-015-9657-1 lokteff, vasily, justice of both sides: transforming education through restorative justice, journal of transformative leadership & policy studies (harvard education press, 2020), ix https://doi.org/10.36851/jtlps.v9i1.2411 marshall, christopher d., ‘restorative justice’, in religion matters: the contemporary relevance of religion (springer, singapore, 2020), pp. 101–17 https://doi.org/10.1007/978-981-15-2489-9_7 marune, abraham ethan martupa sahat, and teguh prasetyo, ‘efforts to stop prosecutions based on the regulation of the prosecutors of the republic of indonesia number 15 of 2020 perspective of the theory of dignity justice’, budapest international research and critics institute (birci-journal): humanities https://www.jhcls.org/index.php/jhcls https://doi.org/10.1177/0886260520943728 https://doi.org/10.1177/1748895818796549 https://doi.org/10.1177/1524838019833003 https://doi.org/10.53955/jhcls.v1i1.5 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.1016/j.jcrimjus.2007.03.009 https://doi.org/10.1016/j.jcrimjus.2010.03.006 https://doi.org/10.1007/s11673-015-9657-1 https://doi.org/10.36851/jtlps.v9i1.2411 https://doi.org/10.1007/978-981-15-2489-9_7 issn 2807-2812 journal of human rights, culture and legal system 77 vol. 2, no. 1, march 2022, pp. 66-77 femmy silaswaty farieda, et.al (mainstreaming restorative justice…) and social sciences, 5.1 (2022), 133–42 https://doi.org/10.33258/birci.v5i1.3586 moh iqra, syabani korompot, and al-fatih david, ‘the principle of equality before the law in indonesian corruption case : is it relevant ?’, journal of human rights, culture and legal system, 1.3 (2021), 135–46. https://doi.org/10.53955/jhcls.v1i3.13 mulyadi, deri, elwi danil, wila chandrawila, and kurnia warman, ‘medical negligence dispute settlement in indonesia’, indian journal of forensic medicine and toxicology, 14.4 (2020), 4229–33 https://doi.org/10.37506/ijfmt.v14i4.12304 presser, lois, and patricia van voorhis, ‘values and evaluation: assessing processes and outcomes of restorative justice programs’, crime and delinquency, 48.1 (2002), 162–88 https://doi.org/10.1177/0011128702048001007 robinson, stacy ann, and d’arcy carlson, ‘a just alternative to litigation: applying restorative justice to climate-related loss and damage’, third world quarterly, 42.6 (2021), 1384–95 https://doi.org/10.1080/01436597.2021.1877128 simbolon, bona fernandez martogi tua, alvi syahrin, and madiasa ablisar, ‘juridical review of comparative prosecution systems in indonesia and the united states of prosecutors based on restorative justice’, in second international conference on public policy, social computing and development (icoposdev 2021) (atlantis press, 2022), pp. 85–91 https://doi.org/10.2991/assehr.k.220204.014 suzuki, masahiro, and xiaoyu yuan, ‘how does restorative justice work? a qualitative metasynthesis’, criminal justice and behavior, 2021, 0093854821994622 https://doi.org/10.1177/0093854821994622 syaufi, ahmad, diana haiti, and mursidah, ‘application of restorative justice values in settling medical malpractice cases’, international journal of criminology and sociology, 10.7 (2021), 103–10 https://doi.org/10.6000/19294409.2021.10.14 van ness, daniel w, and karen heetderks strong, ‘3 restorative justice: justice that promotes healing bt restoring justice (fifth edition)’, ed. by daniel w van ness and karen heetderks b t restoring justice (fifth edition) strong (boston: anderson publishing, ltd., 2015), pp. 43–60 https://doi.org/https://doi.org/10.1016/b978-1-4557-3139-8.00003-0 https://www.jhcls.org/index.php/jhcls https://doi.org/10.33258/birci.v5i1.3586 https://doi.org/10.53955/jhcls.v1i3.13 https://doi.org/10.37506/ijfmt.v14i4.12304 https://doi.org/10.1177/0011128702048001007 https://doi.org/10.1080/01436597.2021.1877128 https://doi.org/10.2991/assehr.k.220204.014 https://doi.org/10.1177/0093854821994622 https://doi.org/10.6000/1929-4409.2021.10.14 https://doi.org/10.6000/1929-4409.2021.10.14 https://doi.org/https:/doi.org/10.1016/b978-1-4557-3139-8.00003-0 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 45-57 45 https://doi.org/10.53955/jhcls.v2i1.25 journalhumanrightslegalsystem@gmail.com legal policy of protection covid-19 patients in hospitals tri hartinia* a faculty of law, universitas 17 agustus 1945, semarang, indonesia *corresponding author: hartinitrie@gmail.com 1. introduction the covid-19 outbreak began in wuhan, china. in china, the number of cases climbed rapidly, reaching a high between late january and early february 2020, when it reached 121,0002 claims and continued to expand significantly. since president joko widodo revealed the first confirmed case of covid-19 in indonesia, the number of patients has continued to grow. the dki jakarta area is also recognized as the transmission site for covid-19. the patient population continues to rise significantly; on march 11, 2020, the patient population is classified as a global pandemic.1 covid-19 has been confirmed in 247,968,227 cases worldwide as of november 4, 2021, with 5,020,204 deaths (cfr 2.0 percent) in 204 infected countries and 151 community transmission countries. according to the government of the republic of indonesia, 4,246,802 persons have been proven positive for covid-19, and 143,500 deaths (cfr: 3.4 percent) have been reported as a result of the disease. 1 bambang ali kusumo and others, ‘covid-19 vaccination service: legal issues and health workers protection in indonesia’, international journal of health sciences, 6.1 (2022), 50–60 https://doi.org/10.53730/ijhs.v6n1.2954 a r t i c l e i n f o a b s t r a c t article history received: february 09, 2021 revised: february 23, 2022 accepted: march 03, 2022 the government has issued a number of measures in response to covid-19, but these policies do not ensure patient rights as defined by the constitution. this is a juridical-normative study with a focus on legislation. the results indicated that legal protection for covid-19 patients at home was accomplished in three ways: first, through civil legal remedies based on civil provisions; second, through criminal legal remedies based on medical practice; and third, through legal administration efforts that can be reported to the council. indonesian medicine and the honorary council of indonesian medical disciplines the rules and regulations controlling the protection of the law have an effect on the legal protection of patients; they compel health workers delivering health services to respect applicable laws and regulations. this is an open-access article under the cc–by 4.0 license. keywords covid 19; patients; hospital; https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.25 mailto:journalhumanrightslegalsystem@gmail.com mailto:hartinitrie@gmail.com https://doi.org/10.53730/ijhs.v6n1.2954 https://creativecommons.org/licenses/by/4.0/ 46 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) however, 4,091,938 patients have recovered from the condition. covid-19 has spread to indonesia.2 according to indonesian ministry of health records, the number of reported covid-19 victims reached 1,566,995 on april 11, 2021, with a death toll of 42,530. according to pokja statistics handling covid-19 cases as of july 25, 2021, a total of 3,166,505 patients were confirmed, 2,509,318 patients were recovered, 573,908 cases were recovered, and 83,279 patients died.3 the number of confirmed cases in indonesia has not decreased due to a number of factors, including widespread non-compliance with government-established health protocols, dishonesty on the part of patients affected by covid-19 toward health workers who care for these patients, which can result in health workers being involved, as was the case at dr. kariadi hospital in semarang, where covid19 caused as many as 46 health workers to be involved due to the false actions of one infected patient. in indonesia, the rules governing health are governed by the republic of indonesia's law no. 44 of 2009 on hospitals (hospital law) and the republic of indonesia's law no. 29 of 2004 on the practice of medicine (law on medical practice).4 indonesia is one of the countries that have been infected with the coronavirus. as a result, coronavirus patients are beginning to emerge in indonesia; because this coronavirus is relatively new and there is still much research being conducted on how to overcome and deal with it, it is felt that patient protection and the capacity or readiness of hospitals to deal with patients exposed to a coronavirus should be discussed or studied. hospitals are defined in the general provisions of the hospital law as health care establishments that provide comprehensive personal hygiene services, including inpatient, outpatient, and emergency care.5 according to article 5 of the hospital law, the following are some of the hospital's functions, providing medical services and health rehabilitation in accordance with hospital service standards, addressing medical needs, maintaining and improving personal health through comprehensive secondary and tertiary health services, coordinating human resource education and training to enhance the ability to provide health services; and adhering to the health 2 irzal rakhmadhani and others, ‘adverse events following immunization post moderna (mrna-1273) booster vaccination after two primary doses of coronavac’, international journal of health sciences, 6.1 (2022), 160–73 https://doi.org/10.53730/ijhs.v6n1.3626 3 vitalii m. pidhaietskyi and others, ‘infectious complications of hip arthroplasty: causes and results of treatment’, international journal of health sciences, 5.3 (2021), 313–20 https://doi.org/10.53730/ijhs.v5n3.1520 4 gunawan widjaja and others, ‘understanding covid-19 vaccination program among indonesian public’, international journal of health sciences, 5.3 (2021), 212–23 https://doi.org/10.53730/ijhs.v5n3.1429 5 aulia asman, auzia asman, and anita kusuma dewi, ‘community nursing strategies for tourism health families during covid-19 pandemic’, international journal of health sciences, 5.3 (2021), 224–31 https://doi.org/10.53730/ijhs.v5n3.1449 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v6n1.3626 https://doi.org/10.53730/ijhs.v5n3.1520 https://doi.org/10.53730/ijhs.v5n3.1429 https://doi.org/10.53730/ijhs.v5n3.1449 issn 2807-2812 journal of human rights, culture and legal system 47 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) sector's scientific ethics in order to improve health services, conduct research, and development in the field.6 the family of one of the covid-19 patients in tasikmalaya regency filed a complaint with tasikmalaya city police alleging that the hospital violated consumer rights. patients who tested negative for covid-19 then sequestered themselves. the family was still unsure about the initial examination results, and the patient was retaken to the hospital; upon arrival, the patient was promptly placed in an igd isolation room; after several days, the isolated patient tested positive for covid-19 and died. meanwhile, patients are defined in the hospital law as anyone who consults his or her health concerns in order to acquire necessary health care, either directly or indirectly.7 due to the fact that coronavirus is a relatively new disease, it is deemed necessary to give legal protection for all patients, even though hospitals have provided excellent services to the community in the modern era. these medical procedures do not completely eliminate the danger of error or neglect. health workers' errors or omissions in the performance of their professional tasks can be lethal for the patient's body and soul, which is obviously highly detrimental to the patient.8 this study aim to analysis the legal protection for covid-19 patients in hospitals and elements affect patients' legal safety in hospitals. 2. research method the methods of inquiry utilized in juridical-normative research include conceptual and statutory approaches. the data used are secondary sources gleaned from library research. the gathered data is evaluated and presented in a descriptive manner in its native language. this is sometimes referred to as the library approach, as it involves the study of books, legislation, and other pertinent materials. normative juridical is a method or procedure for resolving research problems through the examination of secondary sources. thus, this research takes a normative juridical method in examining the legal protection of covid-19 patients in hospitals.9 6 nataliia s. lukyanenko and others, ‘“clinical masks” of congenital malformations of urinary system in children of early age’, international journal of health sciences, 5.3 (2021), 244–51 https://doi.org/10.53730/ijhs.v5n3.1458 7 lego karjoko, abdul kadir jaelani, and others, ‘islamic court ’ s approach to land dispute in inheritance cases’, ahkam : jurnal ilmu syariah, 21.2 (2021), 213–38. https://doi.org/10.15408/ajis.v21i2.21864 8 lego karjoko, i gusti ayu ketut rachmi handayani, and others, ‘the urgency of restorative justice on medical dispute resolution in indonesia lego karjoko abstract : keywords : abstrak’, al-ihkam: jurnal hukum & pranata sosial, 16.2 (2021), 362–92. https://doi.org/10.19105/allhkam.v16i2.5314 9 ratna sofiana, satria utama, and abdur rohim c, ‘the problems of halal certification regarding consumer protection in malaysia and indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 180–93 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.16 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1458 https://doi.org/10.15408/ajis.v21i2.21864 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.16 48 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) the data is gathered and analyzed through the use of a literature search (library research). it is done by examining the regulations, records, or publications that contain the issues being investigated, as well as the doctrine or observations of legal professionals.10 this secondary data collection aims to establish a theoretical and legal foundation for conducting information analysis on research findings. the data collection method used in this study is a study or library research. the term "literature research" refers to study that is undertaken utilizing published materials, such as books, records, or summaries of prior research findings. secondary data is retrieved or collected from existing sources by researchers.11 3. results and discussion 3.1. legal protection of covid-19 patients in hospitals presidential decree (keppres) no. 11 of 2020 on the determination of public health emergency corona virus disease 2019 (covid-19) broadly regulates two things: first, covid19 is recognized as a disease that disrupts public health, and second, this trait entails accountability and action in accordance with the law's provisions. the government establishes psbb policy by a decree of community emergency conditions and thereafter through government regulations. government regulation of the republic of indonesia no. 21 of 2020 on large-scale social restrictions to accelerate the handling of corona virus disease 2019 (covid-19) was established in the hierarchy of laws and regulations based on the standards stipulated in article 60 of the law of the republic of indonesia no. 6 of 2018 concerning health quarantine (health quarantine law).12 according to article 93 of the health quarantine law, "anyone who violates the health quarantine and obstructs its performance in order to produce a public health emergency is penalised by a maximum of one year in prison and a maximum fine of rp 100,000,000. human rights, equity, benefits, protection, respect for rights and obligations, justice, gender, and non-discriminatory and religious principles all guide health development. health development seeks to raise everyone's knowledge, willpower, and capacity to live a healthy lifestyle in order to achieve the best possible level of public health as an investment in the 10 devi triasari, ‘right to sanitation : case study of indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 147–63 https://doi.org/10.53955/jhcls.v1i3.20 11 resti dian and suviwat jenvitchuwong, ‘implementation of halal product assurance in the pharmaceutical sector in indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 164–79 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.19 12 vladimir a. sergeev and others, ‘clinical-functional and morphological parameters of purulonecrotic foci healing in diabetic foot syndrome using programmable sanitation technologies’, international journal of health sciences, 5.3 (2021), 260–75 https://doi.org/10.53730/ijhs.v5n3.1495 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i3.20 https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.19 https://doi.org/10.53730/ijhs.v5n3.1495 issn 2807-2812 journal of human rights, culture and legal system 49 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) development of socially and economically valuable human resources. everyone has a right to health care, which contributes to health development.13 according to article 1 of the minister of health's regulation no. 4 of 2018, a patient is defined as someone who interacts with a hospital about his or her health in order to acquire necessary health care. to see patients who have been infected with the coronavirus, it is necessary to first understand the patient's medical condition. according to article 31 of the hospital law, patients have the following obligations, each patient owes the hospital for the services received, additional rules related patient obligations are governed by ministerial regulations. in terms of human rights, patients' rights have advanced significantly, owing to the pressure exerted on hospitals by the patients bill of rights to ensure that patients' rights are recognized in court.14 this is already occurring and expanding throughout europe and the united states. as indicated previously, health maintenance in indonesia has sought to provide acceptable health services that meet health care requirements, as defined by the republic of indonesia's law no. 36 of 2009 on health. as the necessity for patient rights protection grows, it is thought necessary to legislate the obligation of health personnel to respect patients' rights in one of the health law's articles. article 32 of the hospital law establishes the following rights for patients, obtain information about the hospital's regulations and legislation; obtain information about the patient's rights and obligations; obtain humane, fair, honest, and nondiscriminatory service; obtain high-quality health services in accordance with professional standards and operational procedures; obtain effective and efficient services so that patients avoid physical and material losses; make a complaint about the quality of care received, and obtain information about medical diagnosis and treatment, the aims of medical measures, alternative treatment options, potential risks and problems, the prognosis of treatment options, and the expected cost of treatment.15 patients' rights, which are human rights, should not be compromised. others must uphold these rights on a daily basis. although it incorporates critical societal dimensions of human rights, it is the human being. on the basis of the aforementioned patient rights, it is clear that the patient has the right to privacy and confidentiality regarding the sickness suffered, including medical data. there are advantages and disadvantages to the transparency of patient data when 13 vitalii y. bocheliuk and others, ‘psychological features of post-covid syndrome course’, international journal of health sciences, 5.3 (2021), 276–85 https://doi.org/10.53730/ijhs.v5n3.1503 14 nilufar k. komilova and others, ‘ecological situation: the role of education and spirituality in improving health of population’, international journal of health sciences, 5.3 (2021), 302–12 https://doi.org/10.53730/ijhs.v5n3.1512 15 pidhaietskyi and others. https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1503 https://doi.org/10.53730/ijhs.v5n3.1512 50 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) implementing covid-19 outbreak countermeasures and prevention. it has become a source of contention for policymakers and the general public.16 those who advocate for revealing patient data with covid-19 elaborated on how such activities could aid in anticipating transmission in an orderly manner. however, there are many who oppose this initiative on the grounds that it has the potential to result in discrimination and unilateral persecution of patients, their families, and closest friends by the community. patients impacted by covid-19 and treated in hospitals are entitled to have their health and rights protected by the hospital under the republic of indonesia's consumer protection law no. 8 of 1999. (consumer protection law).17 consumers, as defined in article 1 number (2) of the consumer protection act, are anyone who uses goods and services accessible in society for their own advantage, the benefit of their families, others, or other living creatures that are not intended to be exchanged. according to this definition, consumers refer to the final consumer. legal protection in law is a type of service that law enforcement officials or security forces must provide to victims in order to instill a sense of security, both physical and mental, and to protect them from threats, disturbances, terror, and violence perpetrated by any party during the investigation, prosecution, and examination at court hearings. the rule of law must be based on long-term interests, not just short-term ones. community empowerment is a consensus approach to economic growth that integrates social ideals.18 in creating legal protection principles in indonesia, pancasila as a state ideology and philosophy serves as a foundation. in the west, the concept of legal protection for individuals is derived from the concepts of rechtstaat and rule of law. using a western frame of reference and pancasila as a foundation, the premise of legal protection in indonesia is the acknowledgment and preservation of human dignity and pancasila-derived dignity. according to mukti, a. fadjar stated, legal protection is a condensed definition of protection, in this case limited to protection by law. the judge's protection is also related to rights and obligations. in this scenario, the man owns that as a legal subject in his interactions with other humans and their environment".19 16 stanislav husariev and others, ‘legal provision for medical aid and medical service in ukraine’, international journal of health sciences, 5.3 (2021), 321–30 https://doi.org/10.53730/ijhs.v5n3.1529 17 mendila p. arungpadang and others, ‘correlation between levels of lgr-5 (leucine rich repeat containing protein coupled receptor 5) with clinical aspects and colorectal carcinoma stage’, international journal of health sciences, 5.3 (2021), 331–43 https://doi.org/10.53730/ijhs.v5n3.1541 18 siti zakiah zulfa, ova emilia, and asri hidayat, ‘midwives preparation to provide delivery services in independent midwife practice during covid-19 pandemic’, international journal of health sciences, 5.3 (2021), 344–51 https://doi.org/10.53730/ijhs.v5n3.1554 19 b. m.a.s.anaconda bangkara and others, ‘optimizing health leadership in early prevention efforts in village communities: review of public health database’, international journal of health sciences, 5.3 (2021), 352–63 https://doi.org/10.53730/ijhs.v5n3.1576 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1529 https://doi.org/10.53730/ijhs.v5n3.1541 https://doi.org/10.53730/ijhs.v5n3.1554 https://doi.org/10.53730/ijhs.v5n3.1576 issn 2807-2812 journal of human rights, culture and legal system 51 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) according to the minister of health of the republic of indonesia's regulation 1171/menkes/per/vi/2011 on hospital information systems, patient safety is a system in which hospitals make patient care more comfortable, which includes risk assessment, identification, and management of patient risk factors, reporting and analysis of incidents, developing skills from incidents, and follow-up and implementation of solutions to minimize the emergancy. indonesia has a plethora of rules and regulations governing health and hospitals. article 32 letter i of the hospital law is also regulated in article 57 paragraph (1) of the republic of indonesia's law no. 36 of 2009 concerning health (health law) and article 17 letter h number 2 of the republic of indonesia's law no. 14 of 2008 concerning the openness of public data (kip law), which establishes that everyone has the right to the secret of their health condition that has been submitted for the maintenance of health services.20 article 58 of the 2014 health personnel law expressly states that medical personnel are required to distribute health services in person in accordance with professional standards, professional service standards, standards of operational procedures, as well as professional ethics and the health needs of health service recipients; obtaining approval from the recipient of health services or his family for the action to be given; and protecting the confidentiality of health information. parties who disclose self-evidence or medical records of patients in a public space may be forced to make amends for their losses.21 patients and families affected by covid-19 may pursue additional legal remedies through criminal actions. criminal law can be defined as the law that regulates the actions that are prohibited by law, as well as the criminal punishments that can be inflicted on the culprit. law enforcement authorities anticipate that anyone who disseminates data that causes injury, as well as the negligence of medical workers, such as doctors who do not maintain confidential patient information, will be charged with a criminal violation. according to article 55 of the republic of indonesia's law no. 14 of 2008 on public information disclosure (kip law), "any person who intentionally makes public information that is false or misleading and causes harm to others faces a maximum sentence of one year in prison and a maximum fine of rp5,000,000.00 (five million rupiahs)." legal protection is defined in terms of civil, criminal, administrative, or defense of other rights. with legal protection for patients' rights, they shared the responsibility of leaders in health care institutions such as hospitals and medical 20 sardjana orba manullang, ‘giving covid-19 vaccines to citizens: understanding legal basis’, international journal of health sciences, 5.3 (2021), 364–72 https://doi.org/10.53730/ijhs.v5n3.1598 21 mikheiev iurii and others, ‘optimal management of early surgery of chronic pancreatitis’, international journal of health sciences, 5.3 (2021), 373–85 https://doi.org/10.53730/ijhs.v5n3.1638 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1598 https://doi.org/10.53730/ijhs.v5n3.1638 52 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) workers such as doctors, nurses, and midwives to respect and maintain the confidentiality of patients' medical information.22 health initiatives are coordinated to ensure that individuals and communities achieve the maximum possible level of health. health services are delivered responsibly, safely, consistently, and without discrimination. concerns about patient protection in health services include the following, everyone has the right to accept or reject some or all of the relief measures that will be offered to him after receiving and comprehending information about the act in its entirety; and the right to accept or reject the foregoing does not apply to sufferers of diseases that are easily transmissible to the wider community; the state of an unconscious person; or severe mental disorders.23 3.2. factors affecting the legal protection of patients in hospitals legal protection for covid-19 sufferers can be accomplished in three ways. the first is through civil legal activities. losses sustained by covid-19 patients and their families as a result of medical secret leaks resulting in material and immaterial losses related to medical services and health services may be sued civilly and sought through a lawsuit against the law, specifically article 1365 of the civil code, which states: "any act against the law that results in a loss to another requires the person who caused the loss to compensate for it."24 employers or medical workers working in government hospitals, as well as third parties that disclose patients' identities or medical records in public settings, can be sued for compensation under article 1365 of the civil code. whether or not negligence or intentional activity results in material or immaterial losses will be determined later in light of the consequences of the medical records breach for several days. based on formal evidence such as situations demonstrating the claimed negligence of someone's conduct or policies that create injury, such as stigma, news through print media, web media, and community legislation, among others. in civil court, additional evidence in the form of physical evidence such as voice recordings, pictures, online newspaper stories, and others accompanied by a single witness is sufficient.25 second, efforts in criminal law. criminal law efforts are visible in the legislation and regulations, most notably in the medical practice law. along with controlling administrative law issues, this law on medical practice also governs a 22 u. n. vokhidov and others, ‘paralytic stenosis of the larynx: patients surgical overview’, international journal of health sciences, 5.3 (2021), 386–92 https://doi.org/10.53730/ijhs.v5n3.1680 23 sanobar rahkmonova and others, ‘kidney complications after covid-19’, international journal of health sciences, 5.3 (2021), 393–402 https://doi.org/10.53730/ijhs.v5n3.1698 24 muso urinov and others, ‘clinical, laboratory and instrumental indicators in patients who have undergone covid-19’, international journal of health sciences, 5.3 (2021), 403–15 https://doi.org/10.53730/ijhs.v5n3.1719 25 sukismanto and others, ‘social support role of occupational safety and health implementation in informal sector during covid-19 pandemic’, international journal of health sciences, 5.3 (2021), 416–28 https://doi.org/10.53730/ijhs.v5n3.1746 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1680 https://doi.org/10.53730/ijhs.v5n3.1698 https://doi.org/10.53730/ijhs.v5n3.1719 https://doi.org/10.53730/ijhs.v5n3.1746 issn 2807-2812 journal of human rights, culture and legal system 53 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) slew of criminal sanctions against doctors who commit errors while practicing medicine. articles 75 to 80 contain criminal sanctions, but those directly related to the medical profession are contained in article 79 letter c of the law on medical practice, which reads as follows: "convicted of a maximum imprisonment of one year or a maximum fine of rp.50,000,000.00, each doctor or dentist willfully violates the obligations set forth in article 51 letters a, b, c, and d." article 51 of the medical practice law contains provisions against the obligations that must be met by a doctor or dentist when carrying out medical practice; failure to comply with these obligations results in criminal sanctions as specified in article 79 of the medical practice law, which carries a maximum sentence of one year in prison or a maximum fine of rp.50,000,000.00. additionally, article 55 of the kip law regulates the criminal formulation, which states that "any person who intentionally makes public information that is false or misleading and causes harm to others is punishable by a maximum of one year in prison and/or a maximum fine of rp 5,000,000".26 thirdly, efforts in administrative law. efforts can be made to obtain protection by reporting to the indonesian medical council (kki), as the aim of the indonesian medical council is to safeguard community recipients of health services from doctors and dentists, in accordance with the terms of the law on medical practice. additionally, it is taken by filing a complaint with the disciplinary honorary assembly if covid-19 patients, anyone who knows them, or their interests are injured by doctors or dentists doing medical practices. the complaint is made in writing to the chairman of the disciplinary honorary assembly and must include the complainant's name, the doctor's name and address, the date of the action, and the cause for the complaint. if proven, the physician will get a warning sentence until his or her registration certificate or license to practice is revoked.27 patients will have legal protection if health workers perform their duties in accordance with the underlying principles of health care, namely the principle of timeliness; the principle of legality; the principle of proportionality; the principle of honesty; and the principle of freedom to choose action. these principles can fit the people's desires to defend their rights and obligations. maintaining a paternalistic connection between medical and non-medical employees is inappropriate. paternalistic characteristics are expressed in terms such as "the 26 veresniuk nataliia and others, ‘healthcare facilities management in digitalization context’, international journal of health sciences, 5.3 (2021), 429–40 https://doi.org/10.53730/ijhs.v5n3.1773 27 i. wayan candra, i. nengah sumirta, and i. wayan mustika, ‘effect of self-hypnosis therapy with positive self-talk on stress levels of covid-19 mutual cooperation task force’, international journal of health sciences, 5.3 (2021), 441–48 https://doi.org/10.53730/ijhs.v5n3.1802 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1773 https://doi.org/10.53730/ijhs.v5n3.1802 54 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) doctor knows best, whatever you believe is right" or "i've given up on the doctor; wherever the doctor leads us, it's the best course of action."28 everyone has the right and obligation to receive optimal health care from health workers, the existence of health care duties confers legal protection on patients as consumers of health services. according to the explanation, the elements affecting patient legal protection are the existence of laws and rules governing patient legal protection, which oblige health workers to perform their obligations or offer health services in accordance with existing laws and regulations. several countries continue to be affected by the covid-19 outbreak. countries around the world undertake a variety of infection prevention and control measures. however, it turns out that a lot of countries have now overcome the outbreak and resumed normalcy.29 they were able to contain the spread of viral infections, resulting in a decrease in the number of infected cases. these countries include the following, new zealand's strategy is to immediately adopt a national lockdown in an effort to restrict movement and interaction in order to break the chain of illness dissemination. additionally, the government is doing intensive mass screenings to track sick individuals in attempt to halt transmission. singapore's plan is to enforce tight health regulations, checks, and contact tracing, as well as to launch a mass immunization program for all citizens. singapore had a lockdown policy, but due to improved infection management, singapore has since removed the regulation. china, despite the fact that it was the first country to record a case of covid-19 infection, has managed to contain the virus's spread. countries around the world have used a variety of strategies and initiatives to combat covid-19 infection. to ensure indonesia's maximum success in dealing with covid-19, all sectors of society must take an active role in adhering to health rules and norms enforced by the government. when people are participating in outdoor activities, it is critical to always wear a mask, maintain a safe distance, and wash your hands thoroughly, especially before touching your face. additionally, comprehensive covid-19 vaccination is a real measure that indonesia can take to successfully fight this pandemic. 4. conclusion based on the analysis and various discussions above, the conclusions that can be taken are as follows, legal protection of covid-19 patients in the hospital is carried out with three civil, criminal, and administrative efforts. civil law efforts 28 malachynska mariya, petro kuzyk, and oleg diegtiar, ‘promoting healthy births and reducing infant mortality through national health system’, international journal of health sciences, 5.3 (2021), 449–60 https://doi.org/10.53730/ijhs.v5n3.1905 29 i putu suiraoka, hertog nursanyoto, and ni made ayu suastiti, ‘determinant of child obesity in covid-19 pandemic and analysis of intervention requirement’, international journal of health sciences, 5.3 (2021), 503–12 https://doi.org/10.53730/ijhs.v5n3.2116 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1905 https://doi.org/10.53730/ijhs.v5n3.2116 issn 2807-2812 journal of human rights, culture and legal system 55 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) use lawsuits against the law based on article 1365 of the civil code. illegal law efforts through the judicial process using the legal basis contained in the law on medical practice, articles containing criminal sanctions contained in articles 75 to article 80, but which are directly related to the medical profession contained in article 79 letter c of the law on medical practice, other criminal law foundations are also included in article 55 of the kip law. the administration's legal efforts can report to the indonesian medical council (kki) and the honorary assembly of indonesian medical discipline (mkdki) if covid-19 patients or anyone who knows or their interests are harmed by the actions of doctors in carrying out medical practices. factors that affect the legal protection of patients are the existence of laws and regulations governing the legal security of patients. they require health workers to carry out their duties or, when providing health services, are required to follow applicable laws and regulations. references arungpadang, mendila p., ronald e. lusikooy, firdaus kasim, mappincara, and warsinggih, ‘correlation between levels of lgr-5 (leucine rich repeat containing protein coupled receptor 5) with clinical aspects and colorectal carcinoma stage’, international journal of health sciences, 5.3 (2021), 331–43 https://doi.org/10.53730/ijhs.v5n3.1541 asman, aulia, auzia asman, and anita kusuma dewi, ‘community nursing strategies for tourism health families during covid-19 pandemic’, international journal of health sciences, 5.3 (2021), 224–31 https://doi.org/10.53730/ijhs.v5n3.1449 bangkara, b. m.a.s.anaconda, irma rachmawati, febri liantoni, a. nururrochman hidayatulloh, and abin suarsa, ‘optimizing health leadership in early prevention efforts in village communities: review of public health database’, international journal of health sciences, 5.3 (2021), 352– 63 https://doi.org/10.53730/ijhs.v5n3.1576 bocheliuk, vitalii y., liana v. spytska, olena v. mamicheva, mykyta s. panov, and viktoria v. kordonets, ‘psychological features of post-covid syndrome course’, international journal of health sciences, 5.3 (2021), 276–85 https://doi.org/10.53730/ijhs.v5n3.1503 candra, i. wayan, i. nengah sumirta, and i. wayan mustika, ‘effect of selfhypnosis therapy with positive self-talk on stress levels of covid-19 mutual cooperation task force’, international journal of health sciences, 5.3 (2021), 441–48 https://doi.org/10.53730/ijhs.v5n3.1802 dian, resti, and suviwat jenvitchuwong, ‘implementation of halal product assurance in the pharmaceutical sector in indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 164–79 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.19 husariev, stanislav, tetiana tarakhonych, olena biloskurska, olha starytska, and https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1541 https://doi.org/10.53730/ijhs.v5n3.1449 https://doi.org/10.53730/ijhs.v5n3.1576 https://doi.org/10.53730/ijhs.v5n3.1503 https://doi.org/10.53730/ijhs.v5n3.1802 https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.19 56 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) olha nesen, ‘legal provision for medical aid and medical service in ukraine’, international journal of health sciences, 5.3 (2021), 321–30 https://doi.org/10.53730/ijhs.v5n3.1529 iurii, mikheiev, yareshko volodymyr, skrypko vasyl, babii oleksandr, and shpylenko oleh, ‘optimal management of early surgery of chronic pancreatitis’, international journal of health sciences, 5.3 (2021), 373–85 https://doi.org/10.53730/ijhs.v5n3.1638 karjoko, lego, abdul kadir jaelani, hilaire tegnan, and henning glaser, ‘islamic court ’ s approach to land dispute in inheritance cases’, ahkam : jurnal ilmu syariah, 21.2 (2021), 213–38. https://doi.org/10.15408/ajis.v21i2.21864 karjoko, lego, i gusti ayu ketut rachmi handayani, abdul kadir jaelani, jaco barkhuizen, and muhammad jihadul hayat, ‘the urgency of restorative justice on medical dispute resolution in indonesia lego karjoko abstract : keywords : abstrak’, al-ihkam: jurnal hukum & pranata sosial, 16.2 (2021), 362–92 https://doi.org/10.19105/al-lhkam.v16i2.5314 komilova, nilufar k., tura rakhimova, rustamjon kh allaberdiev, gulnara s. mirzaeva, and umriniso t. egamberdiyeva, ‘ecological situation: the role of education and spirituality in improving health of population’, international journal of health sciences, 5.3 (2021), 302–12 https://doi.org/10.53730/ijhs.v5n3.1512 kusumo, bambang ali, muhamad mahrus setia wijaksana, fatma ulfatun najicha, ariesty fujiastuti, and abdul kadir jaelani, ‘covid-19 vaccination service: legal issues and health workers protection in indonesia’, international journal of health sciences, 6.1 (2022), 50–60 https://doi.org/10.53730/ijhs.v6n1.2954 lukyanenko, nataliia s., danara m. imanmadiyeva, vilena t. dolinnaya, and anastasiya spaska, ‘“clinical masks” of congenital malformations of urinary system in children of early age’, international journal of health sciences, 5.3 (2021), 244–51 https://doi.org/10.53730/ijhs.v5n3.1458 manullang, sardjana orba, ‘giving covid-19 vaccines to citizens: understanding legal basis’, international journal of health sciences, 5.3 (2021), 364–72 https://doi.org/10.53730/ijhs.v5n3.1598 mariya, malachynska, petro kuzyk, and oleg diegtiar, ‘promoting healthy births and reducing infant mortality through national health system’, international journal of health sciences, 5.3 (2021), 449–60 https://doi.org/10.53730/ijhs.v5n3.1905 nataliia, veresniuk, anastasiia barzylovych, alina zabolotna, mariia boiko, and ivan rybchych, ‘healthcare facilities management in digitalization context’, international journal of health sciences, 5.3 (2021), 429–40 https://doi.org/10.53730/ijhs.v5n3.1773 pidhaietskyi, vitalii m., georgii v. gayko, roman a. kozak, and taras v. nizalov, ‘infectious complications of hip arthroplasty: causes and results of treatment’, international journal of health sciences, 5.3 (2021), 313–20 https://doi.org/10.53730/ijhs.v5n3.1520 rahkmonova, sanobar, jurabek khaytboyev, nargiza zargarova, dilfuza https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1529 https://doi.org/10.53730/ijhs.v5n3.1638 https://doi.org/10.15408/ajis.v21i2.21864 https://doi.org/10.19105/al-lhkam.v16i2.5314 https://doi.org/10.53730/ijhs.v5n3.1512 https://doi.org/10.53730/ijhs.v6n1.2954 https://doi.org/10.53730/ijhs.v5n3.1458 https://doi.org/10.53730/ijhs.v5n3.1598 https://doi.org/10.53730/ijhs.v5n3.1905 https://doi.org/10.53730/ijhs.v5n3.1773 https://doi.org/10.53730/ijhs.v5n3.1520 issn 2807-2812 journal of human rights, culture and legal system 57 vol. 2, no. 1, march 2022, pp. 45-57 tri hartini (legal policy of protection …) otajonova, and khabibulla kazakov, ‘kidney complications after covid-19’, international journal of health sciences, 5.3 (2021), 393–402 https://doi.org/10.53730/ijhs.v5n3.1698 rakhmadhani, irzal, erna yulida, akhmad fauzan, and abdul kadir jaelani, ‘adverse events following immunization post moderna (mrna-1273) booster vaccination after two primary doses of coronavac’, international journal of health sciences, 6.1 (2022), 160–73 https://doi.org/10.53730/ijhs.v6n1.3626 sergeev, vladimir a., alexander a. glukhov, alexander s. sorokin, sergey a. zhuchkov, alexander v. gorokhov, and elena n. troshkina, ‘clinical-functional and morphological parameters of purulonecrotic foci healing in diabetic foot syndrome using programmable sanitation technologies’, international journal of health sciences, 5.3 (2021), 260–75 https://doi.org/10.53730/ijhs.v5n3.1495 sofiana, ratna, satria utama, and abdur rohim c, ‘the problems of halal certification regarding consumer protection in malaysia and indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 180–93 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.16 suiraoka, i putu, hertog nursanyoto, and ni made ayu suastiti, ‘determinant of child obesity in covid-19 pandemic and analysis of intervention requirement’, international journal of health sciences, 5.3 (2021), 503–12 https://doi.org/10.53730/ijhs.v5n3.2116 sukismanto, hartono, sumardiyono, and tri rejeki andayani, ‘social support role of occupational safety and health implementation in informal sector during covid-19 pandemic’, international journal of health sciences, 5.3 (2021), 416–28 https://doi.org/10.53730/ijhs.v5n3.1746 triasari, devi, ‘right to sanitation : case study of indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 147–63 https://doi.org/10.53955/jhcls.v1i3.20 urinov, muso, nigora alikulova, dilfuza zukhritdinova, mekhriddin usmonov, and rakhimjon urinov, ‘clinical, laboratory and instrumental indicators in patients who have undergone covid-19’, international journal of health sciences, 5.3 (2021), 403–15 https://doi.org/10.53730/ijhs.v5n3.1719 vokhidov, u. n., o. n. shernazarov, d. d. yakubdjanov, j. a. djuraev, and s. s. sharipov, ‘paralytic stenosis of the larynx: patients surgical overview’, international journal of health sciences, 5.3 (2021), 386–92 https://doi.org/10.53730/ijhs.v5n3.1680 widjaja, gunawan, m. zahari ms, puji hastuti, aat ruchiat nugraha, and ira kusumawaty, ‘understanding covid-19 vaccination program among indonesian public’, international journal of health sciences, 5.3 (2021), 212–23 https://doi.org/10.53730/ijhs.v5n3.1429 zulfa, siti zakiah, ova emilia, and asri hidayat, ‘midwives preparation to provide delivery services in independent midwife practice during covid-19 pandemic’, international journal of health sciences, 5.3 (2021), 344–51 https://doi.org/10.53730/ijhs.v5n3.1554 https://www.jhcls.org/index.php/jhcls https://doi.org/10.53730/ijhs.v5n3.1698 https://doi.org/10.53730/ijhs.v6n1.3626 https://doi.org/10.53730/ijhs.v5n3.1495 https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.16 https://doi.org/10.53730/ijhs.v5n3.2116 https://doi.org/10.53730/ijhs.v5n3.1746 https://doi.org/10.53955/jhcls.v1i3.20 https://doi.org/10.53730/ijhs.v5n3.1719 https://doi.org/10.53730/ijhs.v5n3.1680 https://doi.org/10.53730/ijhs.v5n3.1429 https://doi.org/10.53730/ijhs.v5n3.1554 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 164-179 164 https://doi.org/10.53955/jhcls.v1i3.19 journalhumanrightslegalsystem@gmail.com implementation of halal product assurance in the pharmaceutical sector in indonesia resti dian luthviati a* suviwat jenvitchuwong b a demographic and civil registration study program, universitas sebelas maret, indonesia b faculty of law, thammasat university, bangkok, thailand. *corresponding author: restidianl@staff.uns.ac.id 1. introduction indonesia is the initiator of the formation of the world halal food council. the construction was motivated by the halal certification standard carried out by the institute for the study of food, drugs, and cosmetics of the indonesian ulema council (lppom mui), which is one of the world's references.1 this step did not 1norazlina abdul aziz and siti sarah sulaiman, ‘role of the local authority in issuing license for halal certified premise in the city of shah alam’, procedia social and behavioral sciences, 121.september 2012 (2014), 133–43 https://doi.org/10.1016/j.sbspro.2014.01.1115 a r t i c l e i n f o a b s t r a c t article history received: august 10, 2021 revised: august 28, 2021 accepted: august 30, 2021 the goal of this research is to determine and assess the implementation of halal certification for the pharmaceutical business in accordance with law number 33 of 2014 on halal product assurance, as well as the variables that hinder and support its implementation. the impact of the jph law on the process value chain and supply chain of drugs and vaccines results in a total change in the pharmaceutical industry, including changes in ingredients resulting in reprocessing of quality, safety, and efficacy, changes in the distribution process, addition of personnel or staff, decreased economic capacity of the industry due to increased production costs, and there is a decrease in the industry's economic capacity due to increased costs of production. the halal status of a product has become a must-have for all consumers, particularly muslims. some parties, particularly the pharmaceutical business, continue to oppose to the existence of law no. 33 of 2014 concerning halal product guarantee. the supply of special facilities, such as rooms, equipment, and human resources, will significantly raise costs, resulting in higher drug prices and a reduction in people's access to the items they truly require for health care. currently, the pharmaceutical sector must import 95 percent or more of its raw materials, totaling 150,000 items, in order to make about 30,000 different types of pharmaceuticals in the country. this is an open-access article under the cc–by 4.0 license. keywords products; pharmaceutical; halal; legal protection; https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i3.19 mailto:journalhumanrightslegalsystem@gmail.com mailto:restidianl@staff.uns.ac.id https://doi.org/10.1016/j.sbspro.2014.01.1115 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 165 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) support the legislators in indonesia, so that the already well-established halal system was not implemented properly. this can be seen from the very minimal number of pharmaceutical products that get halal certification labels.2 the indonesian ulema council stated that only three vaccine products hold halal certification labels, namely for meningitis vaccination, namely menveo meningococcal novartis product and mevac acyw135 product of tian yuan. the last vaccine is a diarrhea vaccine for toddlers with the brand rotarix made by the drug factory gsk.3 pharmaceuticals, in addition to vaccinations, are a major concern; just 34 drugs are halal certified out of the 30 thousand types of medicines registered with the lppom and circulating in the community. the indonesian government has responded by enacting rules and regulations governing food, medicine, and cosmetic products. however, it cannot be employed as a strong legal framework, and it has not been able to bind product halalness to producers (commercial actors) or provide consumers with guarantees. this is why, despite the need for halal product assurances, which is vital and urgent, especially in terms of consumer safety in global trade, there is no guarantee of legal certainty that governs halal products.4 the distribution of information from the food and drug supervisory agency (bpom) mataram that food supplements eaten by the public for a long time included pork deoxyribonucleic acid caused an outrage on indonesian social media in january 2018. (dna). viostin ds and enzyplex are two products that have gained distribution permissions from the bpom of the republic of indonesia. the emergence of products that pass lppom without information on pork content raises concerns about how haphazard the indonesian government's halal certification standards are.5 in indonesia, the rules and regulations guarantee that every customer has the right to acquire information about any product. every customer has the right to clear and honest information on the terms and guarantees of goods and services, as stated in article 4, letter c of the consumer protection act. the right to this information is crucial because if a producer offers enough information about a product, including halal information, the customer can choose the best goods and services for them based on their shari'a beliefs. to safeguard muslim customers 2wilma taverne-veldhuizen and others, ‘effect of hydrogenation of palm oil products spiked with octachlorodibenzo-p-dioxin on dioxin congener profiles and toxic equivalent levels’, food control, 132.august 2021 (2022), 108546 https://doi.org/10.1016/j.foodcont.2021.108546 3zakiah samori and noorsalwati sabtu, ‘developing halal standard for malaysian hotel industry: an exploratory study’, procedia social and behavioral sciences, 121.september 2012 (2014), 144–57 https://doi.org/10.1016/j.sbspro.2014.01.1116 4dwi edi wibowo, ‘ewuh pakewuh cultural reconstruction to equal consumer protection’, jurnal bestuur, 8.1 (2020), 1–8 <https://doi.org/10.20961/bestuur.41395>. 5tommy shih and yen yu huang, ‘a case study on technology entrepreneurship education at a taiwanese research university’, asia pacific management review, 22.4 (2017), 202–11 https://doi.org/10.1016/j.apmrv.2017.07.009 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.foodcont.2021.108546 https://doi.org/10.1016/j.sbspro.2014.01.1116 https://doi.org/10.1016/j.apmrv.2017.07.009 166 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) against non-halal items, business actors providing goods and or services for trade are required to provide transparent and honest information that the products traded are halal products by including the mui halal certificate emblem, according to article 4 letter c.6 on october 17, 2014, the halal product assurance law (law no.33 of 2014) was signed into law. still, pharmaceutical firms have objected to halal certification for the pharmaceutical items they create, therefore its implementation has been rocky. the halal certification procedure for pharmaceutical goods is hampered by a number of problems, including a scarcity of halal-certified raw materials and barriers to halal management in the indonesian pharmaceutical industry. in addition to the raw materials, it is critical to look at information about the manufacturing process when determining the halalness of a product.7 it's just that this isn't something that can be communicated through the packaging. it may be claimed that their position was vaguely being gradually raised in such a situation. this condition is unquestionably adverse to religious teachings' implementation.8 muslims have the right to obtain knowledge, including assurance, about whether a product is halal or haram, regardless of whether they feel the necessity. especially in a country like indonesia, where the majority of the population is muslim. on the one hand, halal and haram concerns should be viewed as people's rights, with the state's commitment to uphold them on the other. as a result, the indonesian government responds to the public's desire for halal products by enacting law number 33 of 2014 on halal product guarantee, which is a manifestation of the government of the republic of indonesia's obligation to provide protection and guarantees regarding the halalness of products consumed and used by the public.9 article 4 of law number 33 of 2014 states, "products that enter, circulate, and are traded in the territory of indonesia must be certified halal." law number 33 of 2014 concerning guarantees for halal products is present as a solution to protect the people of indonesia. indonesia, with a majority muslim population, must always use halal products. law number 33 of 2014 concerning halal product guarantee then requires all products circulating in indonesia, whether produced domestically or are imported goods, to obtain a halal certificate. from the contents of article 4, it can be concluded that the imposition of rules regarding halal 6vloreen nity mathew, ardiana mazwa raudah binti amir abdullah, and siti nurazizah binti mohamad ismail, ‘acceptance on halal food among non-muslim consumers’, procedia social and behavioral sciences, 121 (2014), 262–71 https://doi.org/10.1016/j.sbspro.2014.01.1127 7chiratus ratanamaneichat and others, ‘a guideline for reinforcing water based community’s economic strength’, procedia social and behavioral sciences, 88 (2013), 173–78 https://doi.org/10.1016/j.sbspro.2013.08.493 8pattawan narjaikaew, ‘alternative conceptions of primary school teachers of science about force and motion’, procedia social and behavioral sciences, 88 (2013), 250–57 https://doi.org/10.1016/j.sbspro.2013.08.503 9liana endah susanti, ‘economic law creation beautiful global indonesia’, bestuur, 7.1 (2020), 47 https://doi.org/10.20961/bestuur.v7i1.42701 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2014.01.1127 https://doi.org/10.1016/j.sbspro.2013.08.493 https://doi.org/10.1016/j.sbspro.2013.08.503 https://doi.org/10.20961/bestuur.v7i1.42701 issn 2807-2812 journal of human rights, culture and legal system 167 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) product guarantees has not only an impact on domestic products but also products from abroad or imported products.10 in addition, the era of free trade also opens vast opportunities for the export of products in our country, including processed foods, medicines, and cosmetics. these export opportunities must be utilized as well as possible by entrepreneurs. thus, the chance to enter the international market is increasingly open. however, to enter the market, entrepreneurs must meet several international standards, including halal labeling, discussed in the codex alimentarius commission. (cac) halal certificates should also be required for medicinal products circulating in indonesia. drugs circulating in indonesia have many raw materials, both from indonesia and abroad. suppose all-natural materials must have a halal certificate. in that case, every drug entrepreneur must conduct a lot of research to determine whether the raw materials are halal or not, especially for raw materials originating from abroad. based on data recorded by the association of indonesian pharmaceutical entrepreneurs, information is obtained that 95% of pharmaceutical raw materials are imported from abroad. the obligation to have a halal certificate will cause pharmaceutical entrepreneurs to incur higher costs in conducting inspections of raw materials. in this case, the certification body will also experience difficulties in verifying the raw materials. cosmetic entrepreneurs will also face the problems mentioned above.11 halal certification has an increasingly important role in increasing demand for global halal products (lppom mui). moreover, indonesia, as a muslim-majority country, providing halal products as an obligation. thus the market opportunity for halal and good food is extensive and promising, so this should be a business opportunity for the people of indonesia. according to elvy even die, the lppommui diy partnership in the general islamic economy stadium with the theme "development of the halal industry in diy after the enforcement of the halal product guarantee act," law no. 33 of 2014 concerning the guarantee of halal products has not been able to run because many provisions in the act are still unclear, such as the ministerial authority. lppom-mui diy has no permanent workers, yet they are still university employees. bpjph has yet to be founded, and it should be responsible with carrying out all of the provisions for the execution of halal product assurances.12 all products that enter, circulate, or are exchanged in indonesia's territory must be certified halal, according to article 4 of law number 33 of 2014. however, the 10lego karjoko, zaidah nur rosidah, and i. gusti ayu kutut rachmi handayani, ‘refleksi paradigma ilmu pengetahuan bagi pembangunan hukum pengadaan tanah lego’, bestuur, 7.2 (2019), 1–14 https://doi.org/https://doi.org/10.20961/bestuur.v7i1.42694 11zaidah nur rosidah, ‘coherence of the rules of sharia against pancasila’, bestuur, 8.1 (2020), 40 https://doi.org/10.20961/bestuur.v8i1.42723 12nurfaika ishak, rahmad ramadhan hasibuan, and tri suhendra arbani, ‘bureaucratic and political collaboration towards a good governance system’, bestuur, 8.1 (2020), 19 https://doi.org/10.20961/bestuur.v8i1.42922 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.20961/bestuur.v7i1.42694 https://doi.org/10.20961/bestuur.v8i1.42723 https://doi.org/10.20961/bestuur.v8i1.42922 168 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) community's products are not entirely guaranteed to be halal. halal is more than just a certification; it's only a minor part of it. halal also refers to how the procedure can ensure the industry's halal status. the food and beverage industry plays a vital role, and the majority of these businesses are small and family-run. the company's commitment to muslim customers includes producing halal items. companies in indonesia must get a mui halal certificate to assure consumers that their products are halal.13 the public, as consumers, are more fully entrusting the supervision of halal product guarantees to the countries they consider the most authorized to provide sanctions and legal pressure if deemed necessary. halal assurance standards are a type of promise that products are halal, and they can be classified as high-quality or hygienic. essentially, the existence of halal product guarantees stems from the noble principle that the general public has the right to receive accurate, clear, and comprehensive information about the quantity and quality of the items they consume. as a result, there are behaviors such as expiry, the use of non-intended colours, and the use of dangerous ingredients. this clause, however, contradicts article 26 paragraph (1) of the jph law, which says that business actors that manufacture items using prohibited ingredients are excused from seeking for a halal certificate.14 2. results and discussion 2.1. implementation of legal protection for halal product guarantees for consumers product qualities, according to grolleau and benabid, are separated into three categories: search characteristics, experience characteristics, and credence features. consumers' efforts to detect, test, assess, and validate items are used to divide characteristics. product features that can be examined, tested, validated, and recognized reliably and quickly by customers before they buy the product in question are known as search characteristics. consumers can test the nature of a product like this individually and manually using their five senses.15 consumers can search and test products properly and effectively on their own, which is why it's called search characteristics. consumers can analyze, test, validate, and detect product attributes accurately and effectively after purchasing 13najella zubaidi, regy gusti pratama, and sholahuddin al-fatih, ‘legal perspective on effectiveness of pre-work cards for indonesian people’, bestuur, 8.1 (2020), 9 https://doi.org/10.20961/bestuur.v8i1.42722 14chaisak chitcharoen and others, ‘a model to investigate the influence of channel, perceived web quality, brand awareness, perceived quality on after-sales service of the all-in-one office products’, procedia social and behavioral sciences, 88 (2013), 8–12 https://doi.org/10.1016/j.sbspro.2013.08.475 15aiedah abdul khalek, ‘young consumers’ attitude towards halal food outlets and jakim’s halal certification in malaysia’, procedia social and behavioral sciences, 121.september 2012 (2014), 26–34 https://doi.org/10.1016/j.sbspro.2014.01.1105 https://www.jhcls.org/index.php/jhcls https://doi.org/10.20961/bestuur.v8i1.42722 https://doi.org/10.1016/j.sbspro.2013.08.475 https://doi.org/10.1016/j.sbspro.2014.01.1105 issn 2807-2812 journal of human rights, culture and legal system 169 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) and using the product in issue for a (specified) short length of time compared to the overall use of the product over its lifetime.16 this indicates that the ability of consumers to test, assess, and validate items is based on their own consumption experience. because consumer experience may be used to test product understanding, these are referred to as experience characteristics.17 credence features are product characteristics that cannot be reliably and efficiently evaluated, tested, validated, or detected by consumers, even after they have purchased and used the product in question. consumers are unable to test, assess, and validate the product because they lack technical skills, despite the fact that it has been widely utilized. because customers lack the technical knowledge to differentiate, test, and assess impacts, consumers rely on their "trust" and confidence that the items given by manufacturers are correct and as they should be, which are referred to as credence qualities.18 in products having search features that may be evaluated through appearance, sight, and aroma, such as apple color, grolleau and ben abid present an example: characteristics of experience-based products, such as apple flavor, may be evaluated by taste, which means that consumers can learn after purchasing and using the product. finally, consumers' credibility features, such as nutritious composition, cannot be examined and tested by consumers. it could, for example, imply that consumers are unaware of it even after they have consumed the product.19 assume the product qualities are similar to and associated with halal items. in that instance, the following are some examples: the origin and authenticity of products with search criteria, specifically products that are still intact, are known, and their halalness is known with certainty. plants that have not been processed at all, such as rice and guava, are an example (guava). also, an animal that is still alive and intact, such as an ox, chicken, or goat that is still alive and intact. based on their visibility and understanding in products like these, consumers may search, test, and certify halal directly, correctly, and efficiently.20 16haslizatul mohamed hanum and others, ‘using topic analysis for querying halal information on malay documents’, procedia social and behavioral sciences, 121.september 2012 (2014), 214–22 https://doi.org/10.1016/j.sbspro.2014.01.1122 17penpak chauyraksa, ‘the satisfaction on general affairs service of electrical engineering faculty of industrial and technology, rajamangala university of technology isan’, procedia social and behavioral sciences, 88 (2013), 149–53 https://doi.org/10.1016/j.sbspro.2013.08.490 18 supatra wanpen, ‘the relationship between learning styles and the social network use of tertiary level students’, procedia social and behavioral sciences, 88 (2013), 334–39 https://doi.org/10.1016/j.sbspro.2013.08.514 19veeraphat krittanathip and others, ‘the reduction of inventory and warehouse costs for thai traditional wholesale businesses of consumer products’, procedia social and behavioral sciences, 88 (2013), 142–48 https://doi.org/10.1016/j.sbspro.2013.08.489 20muhamed t. osman and others, ‘the new miracle of habbatus sauda: its major component thymoquinone can be used in the management of autoimmune diseases’, procedia social and behavioral sciences, 121 (2014), 304–14 https://doi.org/10.1016/j.sbspro.2014.01.1131 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2014.01.1122 https://doi.org/10.1016/j.sbspro.2013.08.490 https://doi.org/10.1016/j.sbspro.2013.08.514 https://doi.org/10.1016/j.sbspro.2013.08.489 https://doi.org/10.1016/j.sbspro.2014.01.1131 170 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) even though they have been mingled with other components, the source can still be understood for items with experiential qualities, namely products that have been processed but the origin and authenticity are still known and have not been mixed with other ingredients. the origin of vegetable products, such as flour manufactured from rice, is still known and hasn't been mingled with other raw materials. it's also known as guava, which is processed into candied guava or salad with other ingredients, although its origin is unknown. even if it has been blended with other ingredients, the origins and authenticity of animal products such as cut meat, fried chicken (meat), roasted, and so on are still known. consumers can determine the halal status of products like this after purchasing and consuming them. consumers' experiences with these items play an important role in determining their halal status, such as the flavor and texture of the product after eating.21 it turns out that there are issues and questions about animal slaughter when it comes to animal products with experiential features. can customers solely use taste and experience to assess, evaluate, and validate the halalness of slaughtered animal products? as a result, the author believes that: (1) as long as the consumer "sees" the slaughtering process and confirms the slaughter's halalness, it includes search features since direct observation includes testing prior to purchase. (2) it is an experience characteristic if the consumer only "knows and knows" the butcher (old customer) and believes the slaughter is halal, because the consumer only relies on knowledge and acquaintance with the butcher, and this is included in the experience until consumers are informed that the slaughter is not halal. (3) it is a credence characteristic if the consumer does not watch the slaughtering procedure, does not know and recognize the slaughterer, and merely entrusts the halal slaughter to the slaughterer. because consumers only trust the slaughterer with the technique and halal slaughter.22 it is a credibility factor because the origin and authenticity can be proven, but the halalness of the slaughter cannot. consumers can assess merchants from the beginning of the killing and processing of animal products if they follow and observe them from the slaughtering, acquisition, and processing of animal products into, for example, fried or grilled chicken. consumers who observe the processing of animal products from the beginning of slaughter do not know and recognize the slaughterer, and only entrust the halal slaughter to the slaughterer, 21norazlina abdul aziz, irini ibrahim, and nurazlina abdul raof, ‘the need for legal intervention within the halal pharmaceutical industry’, procedia social and behavioral sciences, 121.september 2012 (2014), 124–32 https://doi.org/10.1016/j.sbspro.2014.01.1114 22nursabrina munawar and hajah makiah tussaripah bt hj jamil, ‘the islamic perspective approach on plant pigments as natural food colourants’, procedia social and behavioral sciences, 121 (2014), 193–203 https://doi.org/10.1016/j.sbspro.2014.01.1120 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2014.01.1114 https://doi.org/10.1016/j.sbspro.2014.01.1120 issn 2807-2812 journal of human rights, culture and legal system 171 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) which is a credence feature. because only the method and halal slaughter are paid for by the consumer.23 the raw materials are with certainty for products with credence characteristics, namely products that have been fully processed without further knowledge of the origin and validity of the contents. in addition, various substances have been added to the product.24 in-plant products, for example, have been processed into various types of goods and mixed with other ingredients, depending on the provenance of the original components. for example, bread prepared with rice and other ingredients such as sugar, yeast, fat, milk, butter, and so on. also, guava juice, which is produced from guava and contains sugar, soda, mineral water, and other components. animal products, which have been processed into various sorts of goods from the source of other ingredients and mixed with other ingredients, are the same. the meat in the product can be beef, mutton, or chicken, similar to nuggets or meatballs prepared from raw meat and blended with other ingredients. consumers cannot test and evaluate the halalness of such items because they lack the technical expertise to do so, especially for credence products created from animal raw materials, which can be in the form of halal or haram animals.25 consumers will surely be harmed by items with promises of experience and credibility characteristics, because consumers will know or not know about the halalness of the product after purchasing and using it. economically, the consumer has lost money, and religiously, the consumer has consumed haram food, which indicates that if the goods being exchanged is actually haram, the consumer has lost benefits. consumers, of course, require reliable information on items that make claims about their experience and credibility. consumers rely on certification and labeling for product identification, consumer information, and product marketing to recognize differences in the content of food goods.26 of course, certification and labeling serve to ensure that the products traded do not create information gaps or mislead consumers. similarly, halal certification and product labeling are communication tools that give consumers with knowledge and instruments to track product halalness and ensure that traded 23ben roy do and alaleh dadvari, ‘the influence of the dark triad on the relationship between entrepreneurial attitude orientation and entrepreneurial intention: a study among students in taiwan university’, asia pacific management review, 22.4 (2017), 185–91 https://doi.org/10.1016/j.apmrv.2017.07.011 24rajendran muthuveloo, narendran shanmugam, and ai ping teoh, ‘the impact of tacit knowledge management on organizational performance: evidence from malaysia’, asia pacific management review, 22.4 (2017), 192–201 https://doi.org/10.1016/j.apmrv.2017.07.010 25panayuth choeybal and andrew paterson, ‘the experience of students who attended the udru – smsu development program in minnesota (united states)’, procedia social and behavioral sciences, 88 (2013), 328–33 https://doi.org/10.1016/j.sbspro.2013.08.513 26naengnoi yanwaree, ‘the effect of using learning activities based on path method in sexuality and health subject’, procedia social and behavioral sciences, 88 (2013), 225–28 https://doi.org/10.1016/j.sbspro.2013.08.500 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.apmrv.2017.07.011 https://doi.org/10.1016/j.apmrv.2017.07.010 https://doi.org/10.1016/j.sbspro.2013.08.513 https://doi.org/10.1016/j.sbspro.2013.08.500 172 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) items do not deceive them. more fundamentally, product certification and labeling serve to shift consumers' perceptions of products from experience characteristics to search characteristics, and from credence characteristics to explore features, allowing them to select products based on their preferences and based on honest and credible information, resulting in a fair market.27 according to this theory, after halal certification and halal labeling on food products, consumers will be able to determine the halalness of the product based on experience characteristics that can be evaluated after purchase and consumption, as experience characteristics become search characteristics that consumers can validate through visible labels, and from credence characteristics that cannot be evaluated. for items with characteristic credence claims, government action, regulation, intervention, and market policy are all critically needed. because customers solely rely on brands and labels to determine product quality as a credential signal to manufacturers, consumers cannot review, authenticate, or test the halalness of items even after they have consumed them. mislabeled credibility, on the other hand, will diminish consumer trust in the product.28 the problem is that halal items include qualities that cannot be directly evaluated and validated by consumers, even after they have used them. in these circumstances, a credible and trustworthy mechanism is required to monitor the distribution of items that rely on consumer confidence (credibility feature) to producers. as a result, it is evident that the state plays an important role in ensuring fair trade, especially to protect consumers from producer fraud because products are intended for personal use. consumers must be safeguarded against becoming victims of these items. consumers can confirm items through preliminary investigations before purchasing them, and not all product qualities require government intervention. because consumers may inspect things before purchasing, third-party intervention (including the state) is practically unneeded. consumers can make mistakes when it comes to products having experience features (adverse selection). this occurs when buyers are unable to detect the nature of a product before purchasing it since the information is only available to vendors. several strategies that require only modest government intervention can usually be used to alleviate this issue.29 27sirima pinyoanuntapong, ‘the development of thai early childhood education curriculum to promote desirable characteristics of preschool children’, procedia social and behavioral sciences, 88 (2013), 321–27 https://doi.org/10.1016/j.sbspro.2013.08.512 28shazlinda md yusof and noriyuki shutto, ‘the development of halal food market in japan: an exploratory study’, procedia social and behavioral sciences, 121.september 2012 (2014), 253–61 https://doi.org/10.1016/j.sbspro.2014.01.1126 29zainor nasrah abdul rahman and siti khadijah ab manan, ‘tawarruq as a useful instrument to finance retail the halal way’, procedia social and behavioral sciences, 121.september 2012 (2014), 281–90 https://doi.org/10.1016/j.sbspro.2014.01.1129 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2013.08.512 https://doi.org/10.1016/j.sbspro.2014.01.1126 https://doi.org/10.1016/j.sbspro.2014.01.1129 issn 2807-2812 journal of human rights, culture and legal system 173 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) 2.2. reconstruction of halal product assurance in the pharmaceutical sector in indonesia the public needs to be efficiently and professionally informed about halal (halal and suitable) theology, as well as competent counsel and infrastructure. establishing an established, central, humanist, progressive, accommodating, and non-discriminatory legal institution, namely the legislation on guaranteeing halal products, is one of the necessary measures to safeguard the halal concept. in the qur'an, the term "halal" refers to both halal in its core, i.e. food that is not forbidden, and halal in terms of how to obtain it. meanwhile, "thayyib" refers to food that is nutritious and does not hurt the body or mind.30 various existing laws and regulations that regulate and relate to halal products do not provide legal certainty and legal guarantees for muslim consumers to be able to consume or deliver legal warranties for halal products— using halal products—are among the factors that are considered necessary for implementing the law on halal product guarantees. this scenario makes it difficult for individuals to tell the difference between halal and haram, causing physical discomfort and inner distress when they consume or use the product. only the halalness of products, including as food, beverages, pharmaceuticals, cosmetics, biological chemical products, and genetic engineering, is regulated by the laws and regulations.31 second, there is little legal certainty as to which institutions reflect the government's involvement in halal food certification. the current system does not ensure authority, responsibilities, or functions related to halal product certification, including coordination. in legal theory, the fatwa of the indonesian ulema council is still debatable as to its legal status, and the current system has failed to find a solution for how to make the fatwa of the indonesian ulema council a national law and include it in the national legal instrument. 32 third, increased food technology, genetic engineering, biotechnology, and biological chemical processes are making it more difficult to govern product production and distribution in the home market. fourth, the indonesian halal product system does not yet have official halal standards and signs (indonesian halal standards) set by the government, as is the case in singapore, malaysia, and the united states, and the perpetrators set their halal sign according to their own tastes, resulting in a variety of halal sign counterfeiting that is difficult to combat. fifth, the halal product information system, which serves as a guide for business actors and the general public, is insufficient and does not reflect the 30nurulhuda noordin, nor laila md noor, and zainal samicho, ‘strategic approach to halal certification system: an ecosystem perspective’, procedia social and behavioral sciences, 121.september 2012 (2014), 79–95 https://doi.org/10.1016/j.sbspro.2014.01.1110 31aziz and sulaiman. 32resti dian luthviati, ‘the role of local governments in the defense of leading products resti’, jurnal bestuur, 8.2 (2020), 121–28 https://doi.org/10.20961/bestuur.43138 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2014.01.1110 https://doi.org/10.20961/bestuur.43138 174 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) current state of knowledge and public demand for halal products.33 halal product assurance incorporates the concept of halal products consumed or used by muslim consumers in accordance with islamic law into material and ceremonial law in national law. the raw ingredients utilized in product processing, product processing, and product packaging all fall under the halal category. this regulation covers a wide range of raw materials and products, including food, beverages, medicines, cosmetics, biological chemical products, and genetic engineering. as a halal product, the production equipment, storage, packaging, distribution, and presentation in the production process must be segregated from pig-based materials and contain pork and other designated criminal elements, according to the halal product guarantee law. the halal product guarantee law, in particular, demands that the production location for halal processed materials be kept apart from the production location for pork processed components or containing pork elements.34 all things consumed by society, particularly those conforming to islamic law, require legal protection from the government. as a result, the halal product guarantee law is important and necessary in order to meet the needs of the muslim community in terms of legal guarantees for lawful production and consumption. because halal food must also be thoyyiban in islam, thoyyib can refer to the nutritional content of the food ingested as well as the processing procedure, both of which must follow food science and nutrition guidelines. halal certification is a requirement that cannot be waived. the existence of halal product protection and legal certainty benefits not only the community, but also the state administration in carrying out its responsibilities. various laws and regulations relating to the rule of halal products have not offered legal clarity and guarantees for the muslim community, according to the halal product guarantee act and general explanations.35 it is also stated that the halalness of a product is determined based on the fatwa of the indonesian ulema council and the results of the halal inspection agency's inspection and testing in the form of a halal certificate registered by the minister. halal certificates and seals provide customer protection from a variety of products that are not regarded shari'a compliant, which is especially important in indonesia, which has a muslim majority, and can become a competitive advantage. the certification and inclusion of the halal label of a new 33senee suwandee, vipavee anupunpisit, and piyanan boonpen, ‘quality of life and environment of communities along saen saeb canal: a guideline for reform (phase ii)’, procedia social and behavioral sciences, 88 (2013), 212–19 https://doi.org/10.1016/j.sbspro.2013.08.498 34maher a.a. abdelsamie, russly abdul rahman, and shuhaimi mustafa, ‘pyramid shape power as a new halal-compliant food preservation and packaging technique’, procedia social and behavioral sciences, 121.september 2012 (2014), 232–42 https://doi.org/10.1016/j.sbspro.2014.01.1124 35nuanthip kaewsri and tanit tongthong, ‘professional development of female engineers in the thai construction industry’, procedia social and behavioral sciences, 88 (2013), 291–98 https://doi.org/10.1016/j.sbspro.2013.08.508 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2013.08.498 https://doi.org/10.1016/j.sbspro.2014.01.1124 https://doi.org/10.1016/j.sbspro.2013.08.508 issn 2807-2812 journal of human rights, culture and legal system 175 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) product has touched a small number of indonesian producers, based on facts about the distribution of food and beverages in indonesia.36 in indonesia, halal problems are a contentious topic that has drawn the attention of the international community. halal characteristics of food, beverage, medication, and cosmetic items, as well as biological chemical processes and genetic engineering, are important to muslim customers.37 the product in question necessitates a normative reaction from the government in order to protect citizens' fundamental rights under the 1945 constitution and pancasila.38 table 1 halal certification in indonesia 2013-2020 year company total halal certificate total product total 2013 4,325 4,869 39,002 2014 5,829 6,157 32,890 2015 6,666 7,014 64,121 2016 10,180 10,322 68,576 2017 7,940 8,676 77,256 2018 6,564 7,392 114,264 2019 7,198 8,157 127,286 2020 11,249 17,398 204,222 total (20132020) 59,951 69,985 727,617 sourche: indonesian council of ulama, 2020. indonesia is becoming increasingly clogged with imported products suspected of containing illegal ingredients or raw materials in the era of regional and international free trade. this is because many preservatives that risk health or additives that contain haram substances prohibited by sharia are used in processing, storage, and packing processes. halal certification and marking have gotten a lot of attention in the international trade system as a way to safeguard customers all over the globe and as a strategy to deal with the issues of globalization of product marketing. in terms of certification and labeling management, several countries are compared: 1) malaysia is a federal state with islam as the federation's official religion. malaysia's halal certification and labeling 36 abdul raufu ambali and ahmad naqiyuddin bakar, ‘people’s awareness on halal foods and products: potential issues for policy-makers’, procedia social and behavioral sciences, 121.september 2012 (2014), 3–25 https://doi.org/10.1016/j.sbspro.2014.01.1104 37 kn sofyan hasan, ‘kepastian hukum sertifikasi dan labelisasi halal produk pangan’, jurnal dinamika hukum, 14.2 (2014), 227–38 https://doi.org/10.20884/1.jdh.2014.14.2.292 38 cheng nan chen, shieunt-hantsai, and arnold japutra, ‘introduction to the special issue on entrepreneurship and management in turbulent global environment’, asia pacific management review, 22.4 (2017), 167 https://doi.org/10.1016/j.apmrv.2017.11.003 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2014.01.1104 https://doi.org/10.20884/1.jdh.2014.14.2.292 https://doi.org/10.1016/j.apmrv.2017.11.003 176 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) is important to investigate since it examines direct management in an islamic country as well as indonesia's neighbor. 2) even though singapore is a secular democracy that supports religious freedom, it constitutionally accommodates the existence of the islamic religion by allowing the islamic council to advise the president. singapore, as well as indonesia's neighbor, is deemed relevant as a comparison for this research in terms of the religion of islam.39 3. conclusion based on the results of the discussion in the previous chapter, it can be concluded that the author is as follows; firstly, the halal product guarantee law does not yet provide legal certainty regarding the product to determine the halal product guarantee certificate for the product. this is the legal basis for regulations that provide legal certainty for guaranteeing halal products. in addition, this provision, with all its shortcomings, which only regulates food matters, does not necessarily restrict drugs, cosmetics, biological chemical products, and genetic engineering. moreover, slaughter products follow the sharia corridor, as stipulated in the main provisions on animal husbandry and health. secondly, consumers have the right to comfort, security, and safety in consuming goods or services. this means that every consumer in indonesia has the right to get comfortable goods because it does not conflict with the rules of his religion so that it can be consumed. consumers are also entitled to correct, transparent and honest information regarding product conditions and guarantees. to overcome this very fundamental problem of the people, it cannot be done partially, let alone individually. all links involved in the drug production process, from manufacturers, pharmacies, pharmacists, doctors, governments, mui, drug and vaccine businesses, and scientists, including universities, must sit together in one forum to provide solutions to this big problem. so that muslim consumers can use the drugs they need with a peaceful heart because they are not worried about the halal status of their medications. references abdul raufu ambali and ahmad naqiyuddin bakar, ‘people’s awareness on halal foods and products: potential issues for policy-makers’, procedia social and behavioral sciences, 121.september 2012 (2014), 3–25 https://doi.org/10.1016/j.sbspro.2014.01.1104 aiedah abdul khalek, ‘young consumers’ attitude towards halal food outlets and jakim’s halal certification in malaysia’, procedia social and behavioral 39 ismah osman and others, ‘family food consumption: desire towards convenient food products’, procedia social and behavioral sciences, 121.september 2012 (2014), 223–31 https://doi.org/10.1016/j.sbspro.2014.01.1123 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2014.01.1104 https://doi.org/10.1016/j.sbspro.2014.01.1123 issn 2807-2812 journal of human rights, culture and legal system 177 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) sciences, 121.september 2012 (2014), 26–34 https://doi.org/10.1016/j.sbspro.2014.01.1105 ben roy do and alaleh dadvari, ‘the influence of the dark triad on the relationship between entrepreneurial attitude orientation and entrepreneurial intention: a study among students in taiwan university’, asia pacific management review, 22.4 (2017), 185–91 https://doi.org/10.1016/j.apmrv.2017.07.011 chaisak chitcharoen and others, ‘a model to investigate the influence of channel, perceived web quality, brand awareness, perceived quality on after-sales service of the all-in-one office products’, procedia social and behavioral sciences, 88 (2013), 8–12 https://doi.org/10.1016/j.sbspro.2013.08.475 cheng nan chen, shieunt-hantsai, and arnold japutra, ‘introduction to the special issue on entrepreneurship and management in turbulent global environment’, asia pacific management review, 22.4 (2017), 167 https://doi.org/10.1016/j.apmrv.2017.11.003 chiratus ratanamaneichat and others, ‘a guideline for reinforcing water based community’s economic strength’, procedia social and behavioral sciences, 88 (2013), 173–78 https://doi.org/10.1016/j.sbspro.2013.08.493 dwi edi wibowo, ‘ewuh pakewuh cultural reconstruction to equal consumer protection’, jurnal bestuur, 8.1 (2020), 1–8 <https://doi.org/10.20961/bestuur.41395>. haslizatul mohamed hanum and others, ‘using topic analysis for querying halal information on malay documents’, procedia social and behavioral sciences, 121.september 2012 (2014), 214–22 https://doi.org/10.1016/j.sbspro.2014.01.1122 ismah osman and others, ‘family food consumption: desire towards convenient food products’, procedia social and behavioral sciences, 121.september 2012 (2014), 223–31 https://doi.org/10.1016/j.sbspro.2014.01.1123 kn sofyan hasan, ‘kepastian hukum sertifikasi dan labelisasi halal produk pangan’, jurnal dinamika hukum, 14.2 (2014), 227–38 https://doi.org/10.20884/1.jdh.2014.14.2.292 lego karjoko, zaidah nur rosidah, and i. gusti ayu kutut rachmi handayani, ‘refleksi paradigma ilmu pengetahuan bagi pembangunan hukum pengadaan tanah lego’, bestuur, 7.2 (2019), 1–14 https://doi.org/https://doi.org/10.20961/bestuur.v7i1.42694 liana endah susanti, ‘economic law creation beautiful global indonesia’, bestuur, 7.1 (2020), 47 https://doi.org/10.20961/bestuur.v7i1.42701 maher a.a. abdelsamie, russly abdul rahman, and shuhaimi mustafa, ‘pyramid shape power as a new halal-compliant food preservation and packaging technique’, procedia social and behavioral sciences, 121.september 2012 (2014), 232–42 https://doi.org/10.1016/j.sbspro.2014.01.1124 muhamed t. osman and others, ‘the new miracle of habbatus sauda: its major component thymoquinone can be used in the management of https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2014.01.1105 https://doi.org/10.1016/j.apmrv.2017.07.011 https://doi.org/10.1016/j.sbspro.2013.08.475 https://doi.org/10.1016/j.apmrv.2017.11.003 https://doi.org/10.1016/j.sbspro.2013.08.493 https://doi.org/10.1016/j.sbspro.2014.01.1122 https://doi.org/10.1016/j.sbspro.2014.01.1123 https://doi.org/10.20884/1.jdh.2014.14.2.292 https://doi.org/https:/doi.org/10.20961/bestuur.v7i1.42694 https://doi.org/10.20961/bestuur.v7i1.42701 https://doi.org/10.1016/j.sbspro.2014.01.1124 178 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) autoimmune diseases’, procedia social and behavioral sciences, 121 (2014), 304–14 https://doi.org/10.1016/j.sbspro.2014.01.1131 naengnoi yanwaree, ‘the effect of using learning activities based on path method in sexuality and health subject’, procedia social and behavioral sciences, 88 (2013), 225–28 https://doi.org/10.1016/j.sbspro.2013.08.500 najella zubaidi, regy gusti pratama, and sholahuddin al-fatih, ‘legal perspective on effectiveness of pre-work cards for indonesian people’, bestuur, 8.1 (2020), 9 https://doi.org/10.20961/bestuur.v8i1.42722 norazlina abdul aziz and siti sarah sulaiman, ‘role of the local authority in issuing license for halal certified premise in the city of shah alam’, procedia social and behavioral sciences, 121.september 2012 (2014), 133–43 https://doi.org/10.1016/j.sbspro.2014.01.1115 norazlina abdul aziz, irini ibrahim, and nurazlina abdul raof, ‘the need for legal intervention within the halal pharmaceutical industry’, procedia social and behavioral sciences, 121.september 2012 (2014), 124–32 https://doi.org/10.1016/j.sbspro.2014.01.1114 nuanthip kaewsri and tanit tongthong, ‘professional development of female engineers in the thai construction industry’, procedia social and behavioral sciences, 88 (2013), 291–98 https://doi.org/10.1016/j.sbspro.2013.08.508 nurfaika ishak, rahmad ramadhan hasibuan, and tri suhendra arbani, ‘bureaucratic and political collaboration towards a good governance system’, bestuur, 8.1 (2020), 19 https://doi.org/10.20961/bestuur.v8i1.42922 nursabrina munawar and hajah makiah tussaripah bt hj jamil, ‘the islamic perspective approach on plant pigments as natural food colourants’, procedia social and behavioral sciences, 121 (2014), 193–203 https://doi.org/10.1016/j.sbspro.2014.01.1120 nurulhuda noordin, nor laila md noor, and zainal samicho, ‘strategic approach to halal certification system: an ecosystem perspective’, procedia social and behavioral sciences, 121.september 2012 (2014), 79–95 https://doi.org/10.1016/j.sbspro.2014.01.1110 panayuth choeybal and andrew paterson, ‘the experience of students who attended the udru – smsu development program in minnesota (united states)’, procedia social and behavioral sciences, 88 (2013), 328–33 https://doi.org/10.1016/j.sbspro.2013.08.513 pattawan narjaikaew, ‘alternative conceptions of primary school teachers of science about force and motion’, procedia social and behavioral sciences, 88 (2013), 250–57 https://doi.org/10.1016/j.sbspro.2013.08.503 penpak chauyraksa, ‘the satisfaction on general affairs service of electrical engineering faculty of industrial and technology, rajamangala university of technology isan’, procedia social and behavioral sciences, 88 (2013), 149–53 https://doi.org/10.1016/j.sbspro.2013.08.490 rajendran muthuveloo, narendran shanmugam, and ai ping teoh, ‘the impact of tacit knowledge management on organizational performance: evidence https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2014.01.1131 https://doi.org/10.1016/j.sbspro.2013.08.500 https://doi.org/10.20961/bestuur.v8i1.42722 https://doi.org/10.1016/j.sbspro.2014.01.1115 https://doi.org/10.1016/j.sbspro.2014.01.1114 https://doi.org/10.1016/j.sbspro.2013.08.508 https://doi.org/10.20961/bestuur.v8i1.42922 https://doi.org/10.1016/j.sbspro.2014.01.1120 https://doi.org/10.1016/j.sbspro.2014.01.1110 https://doi.org/10.1016/j.sbspro.2013.08.513 https://doi.org/10.1016/j.sbspro.2013.08.503 https://doi.org/10.1016/j.sbspro.2013.08.490 issn 2807-2812 journal of human rights, culture and legal system 179 vol. 1, no. 3, november 2021, pp. 164-179 resti dian luthviati, et.al (implementation of halal product …) from malaysia’, asia pacific management review, 22.4 (2017), 192–201 https://doi.org/10.1016/j.apmrv.2017.07.010 resti dian luthviati, ‘the role of local governments in the defense of leading products resti’, jurnal bestuur, 8.2 (2020), 121–28 https://doi.org/10.20961/bestuur.43138 senee suwandee, vipavee anupunpisit, and piyanan boonpen, ‘quality of life and environment of communities along saen saeb canal: a guideline for reform (phase ii)’, procedia social and behavioral sciences, 88 (2013), 212–19 https://doi.org/10.1016/j.sbspro.2013.08.498 shazlinda md yusof and noriyuki shutto, ‘the development of halal food market in japan: an exploratory study’, procedia social and behavioral sciences, 121.september 2012 (2014), 253–61 https://doi.org/10.1016/j.sbspro.2014.01.1126 sirima pinyoanuntapong, ‘the development of thai early childhood education curriculum to promote desirable characteristics of preschool children’, procedia social and behavioral sciences, 88 (2013), 321–27 https://doi.org/10.1016/j.sbspro.2013.08.512 supatra wanpen, ‘the relationship between learning styles and the social network use of tertiary level students’, procedia social and behavioral sciences, 88 (2013), 334–39 https://doi.org/10.1016/j.sbspro.2013.08.514 tommy shih and yen yu huang, ‘a case study on technology entrepreneurship education at a taiwanese research university’, asia pacific management review, 22.4 (2017), 202–11 https://doi.org/10.1016/j.apmrv.2017.07.009 veeraphat krittanathip and others, ‘the reduction of inventory and warehouse costs for thai traditional wholesale businesses of consumer products’, procedia social and behavioral sciences, 88 (2013), 142–48 https://doi.org/10.1016/j.sbspro.2013.08.489 vloreen nity mathew, ardiana mazwa raudah binti amir abdullah, and siti nurazizah binti mohamad ismail, ‘acceptance on halal food among nonmuslim consumers’, procedia social and behavioral sciences, 121 (2014), 262– 71 https://doi.org/10.1016/j.sbspro.2014.01.1127 wilma taverne-veldhuizen and others, ‘effect of hydrogenation of palm oil products spiked with octachlorodibenzo-p-dioxin on dioxin congener profiles and toxic equivalent levels’, food control, 132.august 2021 (2022), 108546 https://doi.org/10.1016/j.foodcont.2021.108546 zaidah nur rosidah, ‘coherence of the rules of sharia against pancasila’, bestuur, 8.1 (2020), 40 https://doi.org/10.20961/bestuur.v8i1.42723 zainor nasrah abdul rahman and siti khadijah ab manan, ‘tawarruq as a useful instrument to finance retail the halal way’, procedia social and behavioral sciences, 121.september 2012 (2014), 281–90 https://doi.org/10.1016/j.sbspro.2014.01.1129 zakiah samori and noorsalwati sabtu, ‘developing halal standard for malaysian hotel industry: an exploratory study’, procedia social and behavioral sciences, 121.september 2012 (2014), 144–57 https://doi.org/10.1016/j.sbspro.2014.01.1116 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.apmrv.2017.07.010 https://doi.org/10.20961/bestuur.43138 https://doi.org/10.1016/j.sbspro.2013.08.498 https://doi.org/10.1016/j.sbspro.2014.01.1126 https://doi.org/10.1016/j.sbspro.2013.08.512 https://doi.org/10.1016/j.sbspro.2013.08.514 https://doi.org/10.1016/j.apmrv.2017.07.009 https://doi.org/10.1016/j.sbspro.2013.08.489 https://doi.org/10.1016/j.sbspro.2014.01.1127 https://doi.org/10.1016/j.foodcont.2021.108546 https://doi.org/10.20961/bestuur.v8i1.42723 https://doi.org/10.1016/j.sbspro.2014.01.1129 https://doi.org/10.1016/j.sbspro.2014.01.1116 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 147-163 147 https://doi.org/10.53955/jhcls.v1i3.20 journalhumanrightslegalsystem@gmail.com right to sanitation: case study of indonesia devi triasari a* afaculty of law, university adelaide, australia. *corresponding author: devi.triasari@adelaide.edu.au 1. introduction article 1 of the universal declaration of human rights affirms that ‘all human beings are born free and equal in their dignity and rights’. therefore human rights are the inherent and possessed rights of man from birth so often called natural rights or natural born rights. if we come from the question of why we have human rights, so the answer is simple, that is because we are human.1 the vienna declaration says that ‘all human rights are derived from the dignity and inherent value’. therefore, every human being has the right to live as dignified human 1 blane d. lewis, hieu t.m. nguyen, and adrianus hendrawan, ‘political accountability and public service delivery in decentralized indonesia: incumbency advantage and the performance of second term mayors’, european journal of political economy, 64.may (2020), 101910 https://doi.org/10.1016/j.ejpoleco.2020.101910 a r t i c l e i n f o a b s t r a c t article history received: june 20, 2021 revised: july 25, 2021 accepted: august 30, 2021 sanitation is a basic human right which shows that someone is dignified and deserves to be respected as a human being. the international community has recognized the importance of this right. however, this right has not been explicitly recognized. this is because the legal status of the right to sanitation is unclear. the right to sanitation is derived from the "right to health" and "right to a decent standard of living". the results concluded that the fact that indonesia is the 4th country with the largest population in the world puts indonesia in the top 10 of the category of "country with the longest queue order of toilets" and "the country with the number of defecating in open area". international law which is often criticized for its weak enforcement in reality has been able to respond to the issue of the right to sanitation in indonesia, mainly through 3 main mechanisms, namely reporting, country missions, and cooperation with civil societies and ngos. however, there are still some challenges from the three international human rights law capacities. by improving this capacity, his expectation of goal 6 on sanitation rights can be realized by 2030. this is an open-access article under the cc–by 4.0 license. keywords sanitation; health; indonesia; https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v1i3.20 mailto:journalhumanrightslegalsystem@gmail.com mailto:devi.triasari@adelaide.edu.au https://doi.org/10.1016/j.ejpoleco.2020.101910 https://creativecommons.org/licenses/by/4.0/ 148 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) beings. if man lives unworthily then he loses his dignity as a human being, resulting in the loss of inherent human rights.2 the establishment of the vienna declaration and program of actions (vdpa) and ohchr marks the successful birth of human rights which are ‘universal’, ‘indivisible’, ‘interdependent and interrelated’ and must be met fairly and equitably. in order to live, one needs certain feasibility conditions. everyone needs a decent food and drink, decent clothes and housing, good health, healthy environment and so on. these needs are the standard requirements a person needs to live his life. this standard is referred to as ‘a decent standard of living’. to live according to the standard of living, one that humans need is voiding feces. sanitation is a matter of a personal nature and is closely related to human dignity.3 yet, the reality is opposite. perhaps, for people in developing countries, flushing a toilet and turning on a tap is taken for granted, but not for developing countries and underdeveloped countries. not all people have the right to sanitation which is the basic right. based on data compiled from the world health organization (who) in 2015, 1.9 billion people still use sanitation services linked to sewers that are expected to contaminate waterways. a total of ‘2.3 billion people do not have basic sanitation’. more ironic is that 892 million people still defecate in open places, such as in bushes, open water, and in ditches. other facts are also collected by who and unicef that 19% of health care facilities in ‘low income and middle-income countries’, 53% of people in south asia, 70% of people in sub-saharan africa, and 46% of schools in developing countries do not have toilets.4 the poor facts about this right of sanitation have a negative impact on other basic rights, namely the right to water. dirt which is not managed securely can contaminate the source of water, so it will result in water pollution. poor sanitation will contribute to the transmission of diseases such as cholera, diarrhea, dysentery, hepatitis a, typhoid and polio. inadequate sanitation is estimated to cause 280,000 diarrheal deaths per year and is a major factor in some worms, schistosomiasis, and trachoma. poor sanitation also contributes to malnutrition. not only that, poor sanitation is also a source of violations of women's rights in 2 lisa cameron, susan olivia, and manisha shah, ‘scaling up sanitation: evidence from an rct in indonesia’, journal of development economics, 138.november 2018 (2019), 1–16 https://doi.org/10.1016/j.jdeveco.2018.12.001 3 thomas a. birtch and others, ‘am i choosing the right career? the implications of covid-19 on the occupational attitudes of hospitality management students’, international journal of hospitality management, 95.april (2021), 102931 https://doi.org/10.1016/j.ijhm.2021.102931 4 vladimíra kantorová, ‘unintended pregnancy and abortion: what does it tell us about reproductive health and autonomy?’, the lancet global health, 8.9 (2020), e1106–7 https://doi.org/10.1016/s2214-109x(20)30342-9 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jdeveco.2018.12.001 https://doi.org/10.1016/j.ijhm.2021.102931 https://doi.org/10.1016/s2214-109x(20)30342-9 issn 2807-2812 journal of human rights, culture and legal system 149 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) the committee on the elimination of discrimination against women (cedaw) and children's rights in the convention on the rights of the child (crc).5 as many as 800 women around the world die of pregnancy and childbirth. one cause is sepsis, a condition in which the body cannot cope with severe infections. in south asia, about 14% of maternal deaths occur due to sepsis. this fact is much different than that of women who gave birth in developed countries. besides, poor sanitation also causes diarrhea disease that can kill more than 314,000 toddlers each year.6 indonesia, as the 4th position with the largest population in the world, is also experiencing the same thing. indonesia is also included as the top 10 countries with the worst sanitation, especially in jakarta, as a capital city in indonesia. the high flow of urbanization makes the recognition of the right to sanitation more and more neglected. jakarta, which has 10 million people, is filled with many slums such as muara angke. the world bank's water and sanitation program in 2008 indicates that poor sanitation causes at least ‘120 million diseases and 50,000 deaths per year’.7 the above facts lead to the conclusion that recognition of human rights over sanitation is an important point in international human rights law enforcement. because of its urgency, human rights over sanitation became an international agenda. especially after sanitation has gained international recognition, everyone has to obtain the right to sanitation because it has been targeted by 2030. however, no international treaty explicitly provides a special space for the right to sanitation, there are only a few refers to the right to water. because it is not explicitly acknowledged, this raises a debate on the status of the right to sanitation itself. although there have been various debates about the legality of this basic right, the high commissioner has given consideration to the importance of recognizing sanitation rights as a human right.8 2. results and discussion 2.1. status of the right to sanitation resolutions of the united nations general assembly and human rights council in 2016 stated that the right to water and the right to sanitation are two 5 jonathan bearak and others, ‘unintended pregnancy and abortion by income, region, and the legal status of abortion: estimates from a comprehensive model for 1990–2019’, the lancet global health, 8.9 (2020), e1152–61 https://doi.org/10.1016/s2214-109x(20)30315-6 6 arnold japutra and ringkar situmorang, ‘the repercussions and challenges of covid-19 in the hotel industry: potential strategies from a case study of indonesia’, international journal of hospitality management, 95.december 2020 (2021), 102890 https://doi.org/10.1016/j.ijhm.2021.102890 7 melissa giesbrecht and others, ‘“we are to be like machines…fill the bed before it gets cold”: exploring the emotional geographies of healthcare providers caring for dying residents in longterm care facilities’, social science and medicine, 272 (2021), 113749 https://doi.org/10.1016/j.socscimed.2021.113749 8 japutra and situmorang. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/s2214-109x(20)30315-6 https://doi.org/10.1016/j.ijhm.2021.102890 https://doi.org/10.1016/j.socscimed.2021.113749 150 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) separate rights. mr. léo heller, who is a special rapporteur on the human rights to safe drinking water and sanitation, discusses three reasons for the differences between rights to water and the right to sanitation. the first relates to the legal basis of those rights. when we consider the right to sanitation, we can identify strong relationships with other rights, such as the right to health, gender equality, and decent housing.9 especially considering the right to health, lack of sanitation has serious consequences on human health. the second reason for supporting this difference is because of the importance of specific criteria for the right to sanitation, which does not apply to the right to water. in particular, privacy and dignity are two specific components of the right to sanitation. that is, lack of adequate sanitation can greatly affect the privacy of individuals-especially women and girls. this is in harmony with the fact that the dangers of poor sanitation for women who are naturally diverse have different risks associated with the importance of sanitation. a third reason is that sanitation has traditionally been underfed priority over water. the world deficit for sanitation is far greater than the water access deficit. about 2, 5 billion people still do not have access to sanitation improvements. that's about 4 times more than the number of people without access to better water sources.10 others argue that the right to water and the right to sanitation are complementary rights. the view that water rights and the right to sanitation should be distinguished because sanitation has no link to water cannot simply be accepted. the total separation between right to sanitation and right to water is not recommended because in international practice, it is irrational. the right to water and the right to sanitation are closely related in a ‘normative’, by ‘matter-of-fact manner’ and also based on the ‘same legal basis’. in practice, it is impossible to provide clean water without proper sanitation management. this means that the right to sanitation always has a direct impact on the right to water.11 however, both rights have not been adequately addressed and especially the right to sanitation has long been neglected. the second status of this right has not been fully answered and still creates confusion. right to sanitation is considered to have a unique status because it is considered a right closely related to the right to water. it does not matter whether to stand as a right or join the right to water. the most important thing is the explicit recognition of the right to sanitation in 9 m. tinoco and others, ‘water co-operation between cultures: partnerships with indigenous peoples for sustainable water and sanitation services’, aquatic procedia, 2 (2014), 55–62 https://doi.org/10.1016/j.aqpro.2014.07.009 10 s. ravet and a. braïlowsky, ‘utilities’ contribution to the human right to water and sanitation: importance of stakeholders’ ownership’, aquatic procedia, 2 (2014), 70–78 https://doi.org/10.1016/j.aqpro.2014.07.011 11 mícheál de barra and others, ‘understanding infection prevention behaviour in maternity wards: a mixed-methods analysis of hand hygiene in zanzibar’, social science and medicine, 272.december 2020 (2021) https://doi.org/10.1016/j.socscimed.2020.113543 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.aqpro.2014.07.009 https://doi.org/10.1016/j.aqpro.2014.07.011 https://doi.org/10.1016/j.socscimed.2020.113543 issn 2807-2812 journal of human rights, culture and legal system 151 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) international treaties. currently the right to sanitation appears in general assembly resolution 64/292.12 however, the legal status of the general assembly resolution is still questionable. with the regulation of the right to sanitation using a separate international treaty, it will be more binding on the state party. in addition, if the right to sanitation under international treaties, the state will feel obliged to report on the enforcement of the right to sanitation more clearly. moreover, until now there has been no regulation on how good sanitation standards as those found on water rights, such as ‘sufficient, safe, acceptable, physically accessible, and affordable’. with the regulation of the right to sanitation in international treaties, it will be clear on the legal status of sanitation and the essential elements which are the state standards for enforcing sanitation on citizens.13 2.2. the evolution of the rights to sanitation in international human rights in the universal declaration of human rights it is not explicitly stated about the right to sanitation. nevertheless, the concept of human rights is a dynamic concept; it continues to move along with the development of civilization. when it is realized that the right to sanitation is crucial, it is important to affirm that the right to sanitation is a human right.14 the right to sanitation is a dimension of rights sourced from ‘the right to an adequate standard of living’ and ‘the right to health’. in the universal declaration of human rights, this right is affirmed in article 25 of the universal declaration as follows everyone is entitled to an adequate standard of living for the health and well-being of himself and his family, including the right to food, clothing, shelter, and health care, necessary social services, and the right to security in the event of unemployment, sickness, disability, abandonment by partner, elderly, or other circumstances that lead to a decline in the level of life that occurs outside of his power.15 the universal declaration of human rights is a declaration containing human rights. this declaration is a common standard of success for all peoples and the whole nation (common standards of achievement for all peoples and all nations). this declaration is universal, applies equally to everyone, at any time, in 12 h. muller, ‘the south african experience on legal, institutional and operational aspects of the rights to water and sanitation’, aquatic procedia, 2 (2014), 35–41 https://doi.org/10.1016/j.aqpro.2014.07.006 13 arun s. hendi, irma t. elo, and pekka martikainen, ‘the implications of changing education distributions for life expectancy gradients’, social science and medicine, 272 (2021), 113712 https://doi.org/10.1016/j.socscimed.2021.113712 14 a. h. rotteveel and others, ‘societal views in the netherlands on active disinvestment of publicly funded healthcare interventions’, social science and medicine, 272 (2021), 113708 https://doi.org/10.1016/j.socscimed.2021.113708 15 lisa c. smith and lawrence haddad, ‘reducing child undernutrition: past drivers and priorities for the post-mdg era’, world development, 68.1 (2015), 180–204 https://doi.org/10.1016/j.worlddev.2014.11.014 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.aqpro.2014.07.006 https://doi.org/10.1016/j.socscimed.2021.113712 https://doi.org/10.1016/j.socscimed.2021.113708 https://doi.org/10.1016/j.worlddev.2014.11.014 152 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) different parts of the world. every united nations (un) member has pledged (through the un charter) to progress in respect for human rights and fundamental freedoms. as a universal standard of value, the universal declaration of human rights provides guidance on how human rights are respected, protected and fulfilled by the countries of the world.16 the rights contained in the universal declaration of human rights are further elaborated in the international covenant on civil and political rights and the international covenant on economic, social and cultural rights. both of the covenants are international treaties in which every country has an opportunity and is encouraged to commit itself to submitting to the treaty by ratifying it. currently, indonesia has ratified both covenants. indonesia ratified the covenant on economics, social and cultural rights through law no. 11 year 2005 the covenant on civil and politics through law no. 12 of 2005 on the ratification of the international covenant on civil and political rights.17 article 11 paragraph (1) of the covenant on economics, social and cultural rights provides an elaboration on the right to an adequate standard of living (as intended in article 25 of the universal declaration of human rights) as follows the states parties to the present covenant recognize the right of everyone to an adequate standard of living for himself and his family, including food, clothing and housing, and on the improvement of living conditions continuously. states parties shall take adequate measures to ensure the realization of this right by recognizing the importance of international cooperation based on voluntary agreements. subsequently, article 12 paragraph (1) of the covenant on economics, social and cultural rights defines the right to an adequate standard of living and the right to health (as defined in article 25 of the universal declaration of human rights) as follows: ‘the states parties to the present covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.’18 in order to provide explanations and official interpretations of the relevant covenants, the relevant committees/councils such as the human rights council and the committee on economic, social, and cultural rights shall issue general comment on certain procedures, guidelines or provisions of those covenants. although it is considered a soft law because it is not an international agreement. yet, it is composed by an official body with in-depth and authoritative studies so 16 elana nightingale and chantelle a.m. richmond, ‘reclaiming mountain lake: applying environmental repossession in biigtigong nishnaabeg territory, canada’, social science and medicine, 272 (2021), 113706 https://doi.org/10.1016/j.socscimed.2021.113706 17 gordon mcgranahan, ‘realizing the right to sanitation in deprived urban communities: meeting the challenges of collective action, coproduction, affordability, and housing tenure’, world development, 68 (2015), 242–53 https://doi.org/10.1016/j.worlddev.2014.12.008 18 shatha elnakib and others, ‘providing care under extreme adversity: the impact of the yemen conflict on the personal and professional lives of health workers’, social science and medicine, 272.february (2021), 113751 https://doi.org/10.1016/j.socscimed.2021.113751 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.socscimed.2021.113706 https://doi.org/10.1016/j.worlddev.2014.12.008 https://doi.org/10.1016/j.socscimed.2021.113751 issn 2807-2812 journal of human rights, culture and legal system 153 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) that it can serve as a guideline for understanding, interpreting and implementing the covenant on civil and politics and covenant on economics, social and cultural rights.19 according to general comment no. 15 on the right to water, the word "included" in article 11 paragraph (1) of the covenant on economics, social and cultural rights in a decent standard of living is not a restricted article 11 paragraph 1 the covenant on economics, social and cultural rights establishes a number of rights derived from, and is required for, the realization of the right to an adequate standard of living "including adequate food, clothing and housing." the use of the word "include" indicates that the list of those rights not intended to be a limited list. the right to sanitation clearly belongs to the category of essential guarantees to ensure a decent standard of living, especially since sanitation is one of the essential conditions for supporting one's life. furthermore, the committee has previously acknowledged that water is a human right which includes article 11 paragraph (1) (see general comment no. 6 (1995).20 further general comment no. 15 also explains that the right to water is an inalienable right in relation to the right to achieve the highest standards of health (and the right to adequate housing and food) and a bridge to other rights, as follows the right to water is an inalienable right in relation to the right to achieve the highest standard of health (article 12 paragraph 1) and the right to adequate housing and adequate food (article 11 paragraph 1). the right should also be seen as a bridge to other rights contained in the international bill of human rights, especially the right to life and human dignity.21 based on the above description, the right to sanitation is closely linked to an adequate standard of living and health. this general comment has provided an initial guidance on how this right to sanitation has a legitimate basis for being a human right attached to humanity on the one hand. on the other hand is the obligation of states to respect, protect and fulfill this right. however, this general comment does not specifically set forth how this sanitation hazard so interpretation depends on each country.22 in further developments, on november 27, 2006, the un human rights 19 j.h. matthews and others, ‘more than the fish: environmental flows for good policy and governance, poverty alleviation and climate adaptation’, aquatic procedia, 2 (2014), 16–23 https://doi.org/10.1016/j.aqpro.2014.07.004 20 getaw tadesse and godfrey bahiigwa, ‘mobile phones and farmers’ marketing decisions in ethiopia’, world development, 68 (2015), 296–307 https://doi.org/10.1016/j.worlddev.2014.12.010 21 daniella hult khazaie, clifford stott, and sammyh s. khan, ‘mass meets mosh: exploring healthcare professionals’ perspectives on social identity processes and health risks at a religious pilgrimage and music festivals’, social science and medicine, 272 (2021), 113763 https://doi.org/10.1016/j.socscimed.2021.113763 22 michael schnegg and theresa linke, ‘living institutions: sharing and sanctioning water among pastoralists in namibia’, world development, 68 (2015), 205–14 https://doi.org/10.1016/j.worlddev.2014.11.024 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.aqpro.2014.07.004 https://doi.org/10.1016/j.worlddev.2014.12.010 https://doi.org/10.1016/j.socscimed.2021.113763 https://doi.org/10.1016/j.worlddev.2014.11.024 154 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) council issued resolution no. 2/104 on human rights and access to water requests that the office of the un high commissioner for human rights conduct a detailed review of human rights obligations related to fair access to safe drinking water and sanitation. in 2006, the sub-commission on the promotion and protection of human rights built on the work of the committee, adopting the guidelines for the realization of the right to drinking water and sanitation. this in-depth review was followed up by the united nations high commissioner for human rights report on the scope and content of the relevant human rights obligation relating to fair access to clean water and sanitation under international human rights instruments on august 16, 2007. then in september 2008, the united nations high commissioner for human rights appointed catarina de albuquerque as an independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation and one year later submitted his report.23 subsequently, on 28 july 2010 the united nations general assembly agreed to issue resolution no. 64/292 which recognizes that the right to safe and clean drinking water and sanitation are human rights. on september 30, 2010, the un human rights council approved the resolution hrc res 15/9. taking into account these developments, the human rights council, in march 2011, extended the mandate on water and sanitation, and changed its title to special rapporteur on the human rights to safe drinking water and sanitation.24 from the description above, it shows that the concept of human rights develop dynamically to follow the development of the need for reform values that are considered to provide benefits for human civilization. at the beginning of the formation of the universal declaration of human rights (udhr), the right to sanitation has not been explicitly referred to as human rights; it is more because many people have understood that the right to sanitation is inherent to the right to water. as well as the air which is fundamental to human life, so mentioning the right to water and sanitation as a separate right is considered a repetition. but time has changed, humans need sanitation to live but with the fact that development in the world increasingly complicates the right to sanitation, an explicit recognition of the right to sanitation is needed for the state to follow. 2.2. case study of this “right” to sanitation: indonesia indonesia is currently experiencing rapid urbanization, with cities growing faster than other asian countries. by 2025 it is expected that 67.5% of the country's population will live in cities. challenges come with high levels of urbanization. 23 r.a. mcdonnell and others, ‘impacting policy: harnessing science on climate change and water through partnerships with decision-makers in the middle east and north africa – reflections’, aquatic procedia, 2 (2014), 3–8 https://doi.org/10.1016/j.aqpro.2014.07.002 24 ian ross and others, ‘how does sanitation influence people’s quality of life? qualitative research in low-income areas of maputo, mozambique’, social science and medicine, 272.january (2021), 113709 https://doi.org/10.1016/j.socscimed.2021.113709 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.aqpro.2014.07.002 https://doi.org/10.1016/j.socscimed.2021.113709 issn 2807-2812 journal of human rights, culture and legal system 155 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) one of them is to meet the needs of the management of good sanitation facilities. the high population always has a close relationship with poor sanitation. this also happened in indonesia where the high population and the high level of urbanization bring to the fact that indonesia occupies the top 10 position as a country with longest queues for toilets and countries with the largest number of defecating in the open areas. 25 table 1 shows the position of indonesia as a 4rd country in terms of queuing for toilets. while table 2 shows the position of indonesia as the country with the 10th highest in the number of people who defecate in the open area. 51 million residents of about 200 million indonesians still defecate indiscriminately. table 1 top ten places with the longest queues for toilets no country number of people without access to ‘improved’ private toilets (2015) 1 india 774,222,300 2 china 329,851,200 3 nigeria 130,387,500 4 indonesia 100,168,400 5 ethiopia 71,217,200 6 pakistan 68,666,800 7 bangladesh 63,267,800 8 democratic republic of the congo 50,833,300 9 tanzania 44,159,400 10 russian federation 39,468,700 table 2 most people defecating in the open, per square km no country number practicing open defecation (2015) 1. india 569,397,200 2. haiti 2,011,100 3. togo 3,710,000 4. nepal 8,973,700 5. benin 5,800,200 6. nigeria 46,017,300 7. cambodia 7,439,800 8. burkina faso 9,876,500 9. pakistan 25,100,200 10. indonesia 52,252,400 25 patricia j. lopez and abigail h. neely, ‘fundamentally uncaring: the differential multiscalar impacts of covid-19 in the u.s’, social science and medicine, 272.january (2021), 113707 https://doi.org/10.1016/j.socscimed.2021.113707 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.socscimed.2021.113707 156 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) the reality of poor sanitation in indonesia should not to be underestimated. this is because inadequate sanitation has an impact on indonesia's economic growth. a recent world bank report states that indonesia's poor sanitation currently accounts for a loss of 2.3 percent of gdp per year, in terms of associated economic and environmental losses. wildan setiabudi from unicef wash also said that from the world bank survey results in 2008, it is known that poor sanitation has inflicted indonesia for rp56 trillion losses.26 not all domestic laws of a country are able to accommodate every problem that exists. this is where the beginning of international law emerges. although international law is often criticized for not having the force of law, the existing international body should not be underestimated. this international body in upholding international human rights law has 3 important roles, namely reporting, country mission, cooperation with civil society and ngos.27 indonesia ratified icescr on 28 october 2005. yet, indonesia submitted the initial report on 29 october 2012. basically, all existing international treaties require states parties to submit initial reports and periodic reports, including icescr. when we review the indonesian report, the discussion about right to water and sanitation is in page 41. the contents briefly state how indonesia meets icescr especially in right to water and sanitation. indonesia regulates this right into constitution in article 33 paragraphs 3 and law no. 7 of 2004. in the report, indonesia stated that indonesia has made improvements on the right to sanitation so that access to sanitation facilities increases. in 2000 the increase of 32.73%, then in 2006 increased by 35.03%, and in 2010 increased by 55.53%. this increase is quite significant. however, when looking at the reality on the ground, there are many lack of access to sanitation.28 the thing that writers consider is when a state sends out both initial and periodic reports, is the actually sufficient to provide accurate data on the fulfillment of its obligations under treaties? it seems that most will only convey the various theories and laws of the country, compared to the concrete facts in the field on the fulfillment of their obligations. concluding observation on indonesia was given on june 18, 2014. the committee's requested the indonesian government to increase compliance with water and improve sanitation facilities. the committee emphasis on the fulfillment of these two rights, especially in rural 26 sanne siete visser and hinke haisma, ‘fulfilling food practices: applying the capability approach to ethnographic research in the northern netherlands’, social science and medicine, 272.january (2021), 113701 https://doi.org/10.1016/j.socscimed.2021.113701 27 elizabeth mcgill and others, ‘evaluation of public health interventions from a complex systems perspective: a research methods review’, social science and medicine, 272 (2021), 113697 https://doi.org/10.1016/j.socscimed.2021.113697 28 q. zhu and y. li, ‘environmental restoration in the shiyang river basin, china: conservation, reallocation and more efficient use of water’, aquatic procedia, 2.september 2013 (2014), 24–34 https://doi.org/10.1016/j.aqpro.2014.07.005 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.socscimed.2021.113701 https://doi.org/10.1016/j.socscimed.2021.113697 https://doi.org/10.1016/j.aqpro.2014.07.005 issn 2807-2812 journal of human rights, culture and legal system 157 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) areas. the committee requested the indonesian government to refer to the general comment no. 15 in enforcing its obligations.29 the special rapporteur visits the country to examine sanitation situations at the national level, identify practices that have been undertaken by the state, and provide recommendations to states parties on measures to improve access and ensure sanitation compliance.30 here are the country missions conducted by the special rapporteur from 2009 to 2017: table 3 the country to examine sanitation situations at the national level no country mission dates 1. costa rica 19-27 march 2009 2. egypt 21-28 june 2009 3. bangladesh 3-10 december 2009 4. slovenia 24-28 may 2010 5. japan 20-28 july 2010 6. united states of america 22 february to 4 march 2011 7. namibia 4-11 july 2011 8. senegal 14-21 november 2011 9. uruguay 13-17 february 2012 10. tuvalu 17-19 july 2012 11. kiribati 23-26 july 2012 12. thailand 1-8 february 2013 13. brazil 9-19 december 2013 14. jordan 11-16 march 2014 15. kenya 22-28 july 2014 16. tajikistan 4-12 august 2015 17. botswana 9-17 november 2015 18. el salvador 11-18 may 2016 19. portugal 5-13 december 2016 20. mexico 2-12 may 2017 starting from 2009 up to now, there are 20 country visits that have been done by the special rapporteur. this is unique because the recognition of rights to sanitation through general assembly resolution 64/292 was in 2010, one year after the first country mission. this fact shows the success of international human rights law in its capacity to initiate better human rights enforcement. this demonstrates how this existing international human rights law is instrumental in the development of existing human rights. however, what seems a bit strange is that 29 m.g. eriksson, l.j. gordon, and j. kuylenstierna, ‘cross-sectoral approaches help build water resilience – reflections’, aquatic procedia, 2 (2014), 42–47 https://doi.org/10.1016/j.aqpro.2014.07.007 30 fiona a. stevenson and others, ‘combining patient talk about internet use during primary care consultations with retrospective accounts. a qualitative analysis of interactional and interview data’, social science and medicine, 272 (2021), 113703 https://doi.org/10.1016/j.socscimed.2021.113703 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.aqpro.2014.07.007 https://doi.org/10.1016/j.socscimed.2021.113703 158 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) the country missions seem random in practice. why are the country missions not done in countries with the worst sanitation first so that the country mission will be more right on targeting? it seems that we need to find out the background of the special rapporteur in choosing the country of destination for this country missions. international human rights laws will not achieve success without the support of other factors, such as the role of civil society and ngos that are practically closer to the community. for example, when the presence of civil society and ngos became the cause of the state's compliance with the international treaties it ratified.31 in fact, this factor is very influential on the compliance of the state in the fulfillment of human rights standards. cooperation with civil society and ngos is divided into multilateral cooperation and bilateral cooperation.32 from the above explanation, it appears that the capacities of international human rights law are reporting, country mission, and corporation with civil society and ngo's. but in order to reach the new global goal by 2030, especially on goal 6, namely water, sanitation, and hygiene for all, real improvement steps are needed to achieve it. the 13-year time is not easy to make a difference to the world. without a unified collaboration, it would not be possible to achieve this ideal world.33 in term of reporting capacity, the problem of a country's ability to send a report is common. however, the long time to produce the concluding observation from the committee also seems to be immediately addressed. all countries will surely take on the committee’s role model, it would be better if committee were more responsive to the state party's report, for example in the case of indonesia. although many people have doubts about the reporting system in the un, at least there have been many benefits in this reporting system, for example, making the country will feel ashamed if not immediately send a report so that will be ostracized in international relations. in addition, the recognition of sanitation as a right is essential so that a treaty should be made. by giving a clear recognition of the right to sanitation as a separate right, it will make it easier for the reporting system because it no longer lies with the icescr.34 in terms of country mission, the writer is still wondering why the country mission destinations are not the countries which occupy the top 10 worst position first. the committee is seen making random visits, either to countries with poor 31 p. morgan, ‘beneficial partnerships in rural water supply and sanitation – reflections’, aquatic procedia, 2 (2014), 63–69 https://doi.org/10.1016/j.aqpro.2014.07.010 32 m.j. patrick and others, ‘building bridges between the sciences and the arts of water cooperation through collective action – reflections’, aquatic procedia, 2 (2014), 48–54 https://doi.org/10.1016/j.aqpro.2014.07.008 33 marta caserotti and others, ‘associations of covid-19 risk perception with vaccine hesitancy over time for italian residents’, social science and medicine, 272.january (2021), 113688 https://doi.org/10.1016/j.socscimed.2021.113688 34 bearak and others. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.aqpro.2014.07.010 https://doi.org/10.1016/j.aqpro.2014.07.008 https://doi.org/10.1016/j.socscimed.2021.113688 issn 2807-2812 journal of human rights, culture and legal system 159 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) sanitation or to developed countries with improved sanitation. according to the authors' view, it would be better if the country missions were really focused first on the top 10 countries with the worst sanitation. however, according to goal 6, we must fight against poverty everywhere, including in this case providing sanitation to everyone in the world.35 in terms of corporation with civil society and ngo's, this is a concrete step that contributes significantly. whether through multilateral corporations or bilateral corporations, it is clear how these corporations have a tremendous impact on a country's struggle for sanitation. it would be better if the ngos involved did not only come from foreign cooperation. the author considers the necessity of the committee issuing the latest recommendations for each country to make domestic legislation to the village level. for example, in this case in indonesia. with decentralized system in indonesia, indonesia's central government needs to establish village-level legislation requiring each village head to build a toilet for existing villagers. each village government can allocate existing village funds to make one toilet. this is certainly easier than if the central government in indonesia should think about the hundreds or thousands of toilets that must be built. or a second alternative that can be taken is to provide arrangements to companies in indonesia to provide csr in the form of toilet. think of one company in the region building one toilet as csr, certainly home work against right to sanitation can be resolved soon. and in the next 13 years the goal 6 can be achieved well, in the world at large, and in indonesia in particular. 3. conclusion based on the results of the discussion in the previous chapter, it can be concluded that sanitation is a basic human right which shows that someone is dignified and deserves to be respected as a human being. the international community has recognized the importance of this right. however, this right has not been explicitly recognized. this is because the legal status of the right to sanitation is unclear. the right to sanitation is derived from the "right to health" and "right to a decent standard of living". since the right to sanitation does not have its own space in international law, this has resulted in this right being connected with water. this raises a dualism of the idea whether the right to sanitation can stand on its own whether to join the right to water. however, whatever it is, the most important thing is to give explicit recognition of the right to sanitation in international treaties binding countries to facilitate the monitoring and execution of obligations by the state. there is only general assembly resolution no. 64/292 which does not bind countries to comply. the fact that indonesia is the 4th country with the largest population in the world puts indonesia in the top 10 of the category of "country with the longest queue order of toilets" and "the country with the number of defecating in open area". 35 smith and haddad. https://www.jhcls.org/index.php/jhcls 160 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) international law which is often criticized for its weak enforcement in reality has been able to respond to the issue of the right to sanitation in indonesia, mainly through 3 main mechanisms, namely reporting, country missions, and cooperation with civil societies and ngos. however, there are still some challenges from the three international human rights law capacities. by improving this capacity, his expectation of goal 6 on sanitation rights can be realized by 2030. references bearak, jonathan, anna popinchalk, bela ganatra, ann beth moller, özge tunçalp, cynthia beavin, and others, ‘unintended pregnancy and abortion by income, region, and the legal status of abortion: estimates from a comprehensive model for 1990–2019’, the lancet global health, 8.9 (2020), e1152–61 https://doi.org/10.1016/s2214-109x(20)30315-6 birtch, thomas a., flora f.t. chiang, zhenyao cai, and jin wang, ‘am i choosing the right career? the implications of covid-19 on the occupational attitudes of hospitality management students’, international journal of hospitality management, 95.april (2021), 102931 https://doi.org/10.1016/j.ijhm.2021.102931 cameron, lisa, susan olivia, and manisha shah, ‘scaling up sanitation: evidence from an rct in indonesia’, journal of development economics, 138.november 2018 (2019), 1–16 https://doi.org/10.1016/j.jdeveco.2018.12.001 caserotti, marta, paolo girardi, enrico rubaltelli, alessandra tasso, lorella lotto, and teresa gavaruzzi, ‘associations of covid-19 risk perception with vaccine hesitancy over time for italian residents’, social science and medicine, 272.january (2021), 113688 https://doi.org/10.1016/j.socscimed.2021.113688 de barra, mícheál, giorgia gon, susannah woodd, wendy j. graham, marijn de bruin, catherine kahabuka, and others, ‘understanding infection prevention behaviour in maternity wards: a mixed-methods analysis of hand hygiene in zanzibar’, social science and medicine, 272.december 2020 (2021) https://doi.org/10.1016/j.socscimed.2020.113543 elnakib, shatha, sarah elaraby, fouad othman, huda basaleem, nagiba a. abdulghani alshawafi, iman ahmed saleh al-gawfi, and others, ‘providing care under extreme adversity: the impact of the yemen conflict on the personal and professional lives of health workers’, social science and medicine, 272.february (2021), 113751 https://doi.org/10.1016/j.socscimed.2021.113751 eriksson, m.g., l.j. gordon, and j. kuylenstierna, ‘cross-sectoral approaches help build water resilience – reflections’, aquatic procedia, 2 (2014), 42–47 https://doi.org/10.1016/j.aqpro.2014.07.007 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/s2214-109x(20)30315-6 https://doi.org/10.1016/j.ijhm.2021.102931 https://doi.org/10.1016/j.jdeveco.2018.12.001 https://doi.org/10.1016/j.socscimed.2021.113688 https://doi.org/10.1016/j.socscimed.2020.113543 https://doi.org/10.1016/j.socscimed.2021.113751 https://doi.org/10.1016/j.aqpro.2014.07.007 issn 2807-2812 journal of human rights, culture and legal system 161 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) giesbrecht, melissa, kelli i. stajduhar, denise cloutier, and carren dujela, ‘“we are to be like machines…fill the bed before it gets cold”: exploring the emotional geographies of healthcare providers caring for dying residents in long-term care facilities’, social science and medicine, 272 (2021), 113749 https://doi.org/10.1016/j.socscimed.2021.113749 hendi, arun s., irma t. elo, and pekka martikainen, ‘the implications of changing education distributions for life expectancy gradients’, social science and medicine, 272 (2021), 113712 https://doi.org/10.1016/j.socscimed.2021.113712 hult khazaie, daniella, clifford stott, and sammyh s. khan, ‘mass meets mosh: exploring healthcare professionals’ perspectives on social identity processes and health risks at a religious pilgrimage and music festivals’, social science and medicine, 272 (2021), 113763 https://doi.org/10.1016/j.socscimed.2021.113763 japutra, arnold, and ringkar situmorang, ‘the repercussions and challenges of covid-19 in the hotel industry: potential strategies from a case study of indonesia’, international journal of hospitality management, 95.december 2020 (2021), 102890 https://doi.org/10.1016/j.ijhm.2021.102890 kantorová, vladimíra, ‘unintended pregnancy and abortion: what does it tell us about reproductive health and autonomy?’, the lancet global health, 8.9 (2020), e1106–7 https://doi.org/10.1016/s2214-109x(20)30342-9 lewis, blane d., hieu t.m. nguyen, and adrianus hendrawan, ‘political accountability and public service delivery in decentralized indonesia: incumbency advantage and the performance of second term mayors’, european journal of political economy, 64.may (2020), 101910 https://doi.org/10.1016/j.ejpoleco.2020.101910 lopez, patricia j., and abigail h. neely, ‘fundamentally uncaring: the differential multi-scalar impacts of covid-19 in the u.s’, social science and medicine, 272.january (2021), 113707 https://doi.org/10.1016/j.socscimed.2021.113707 matthews, j.h., a. forslund, m.e. mcclain, and r.e. tharme, ‘more than the fish: environmental flows for good policy and governance, poverty alleviation and climate adaptation’, aquatic procedia, 2 (2014), 16–23 https://doi.org/10.1016/j.aqpro.2014.07.004 mcdonnell, r.a., k. bergaoui, a. khalaf, r. zaaboul, and m. belhaj fraj, ‘impacting policy: harnessing science on climate change and water through partnerships with decision-makers in the middle east and north africa – reflections’, aquatic procedia, 2 (2014), 3–8 https://doi.org/10.1016/j.aqpro.2014.07.002 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.socscimed.2021.113749 https://doi.org/10.1016/j.socscimed.2021.113712 https://doi.org/10.1016/j.socscimed.2021.113763 https://doi.org/10.1016/j.ijhm.2021.102890 https://doi.org/10.1016/s2214-109x(20)30342-9 https://doi.org/10.1016/j.ejpoleco.2020.101910 https://doi.org/10.1016/j.socscimed.2021.113707 https://doi.org/10.1016/j.aqpro.2014.07.004 https://doi.org/10.1016/j.aqpro.2014.07.002 162 journal of human rights, culture and legal system issn 2807-2812 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) mcgill, elizabeth, vanessa er, tarra penney, matt egan, martin white, petra meier, and others, ‘evaluation of public health interventions from a complex systems perspective: a research methods review’, social science and medicine, 272 (2021), 113697 https://doi.org/10.1016/j.socscimed.2021.113697 mcgranahan, gordon, ‘realizing the right to sanitation in deprived urban communities: meeting the challenges of collective action, coproduction, affordability, and housing tenure’, world development, 68 (2015), 242–53 https://doi.org/10.1016/j.worlddev.2014.12.008 morgan, p., ‘beneficial partnerships in rural water supply and sanitation – reflections’, aquatic procedia, 2 (2014), 63–69 https://doi.org/10.1016/j.aqpro.2014.07.010 muller, h., ‘the south african experience on legal, institutional and operational aspects of the rights to water and sanitation’, aquatic procedia, 2 (2014), 35– 41 https://doi.org/10.1016/j.aqpro.2014.07.006 nightingale, elana, and chantelle a.m. richmond, ‘reclaiming mountain lake: applying environmental repossession in biigtigong nishnaabeg territory, canada’, social science and medicine, 272 (2021), 113706 https://doi.org/10.1016/j.socscimed.2021.113706 patrick, m.j., h. komakech, n. mirumachi, h. moosa, a. prakash, l. salame, and others, ‘building bridges between the sciences and the arts of water cooperation through collective action – reflections’, aquatic procedia, 2 (2014), 48–54 https://doi.org/10.1016/j.aqpro.2014.07.008 ravet, s., and a. braïlowsky, ‘utilities’ contribution to the human right to water and sanitation: importance of stakeholders’ ownership’, aquatic procedia, 2 (2014), 70–78 https://doi.org/10.1016/j.aqpro.2014.07.011 ross, ian, oliver cumming, robert dreibelbis, zaida adriano, rassul nala, and giulia greco, ‘how does sanitation influence people’s quality of life? qualitative research in low-income areas of maputo, mozambique’, social science and medicine, 272.january (2021), 113709 https://doi.org/10.1016/j.socscimed.2021.113709 rotteveel, a. h., v. t. reckers-droog, m. s. lambooij, g. a. de wit, and n. j.a. van exel, ‘societal views in the netherlands on active disinvestment of publicly funded healthcare interventions’, social science and medicine, 272 (2021), 113708 https://doi.org/10.1016/j.socscimed.2021.113708 schnegg, michael, and theresa linke, ‘living institutions: sharing and sanctioning water among pastoralists in namibia’, world development, 68 (2015), 205–14 https://doi.org/10.1016/j.worlddev.2014.11.024 smith, lisa c., and lawrence haddad, ‘reducing child undernutrition: past https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.socscimed.2021.113697 https://doi.org/10.1016/j.worlddev.2014.12.008 https://doi.org/10.1016/j.aqpro.2014.07.010 https://doi.org/10.1016/j.aqpro.2014.07.006 https://doi.org/10.1016/j.socscimed.2021.113706 https://doi.org/10.1016/j.aqpro.2014.07.008 https://doi.org/10.1016/j.aqpro.2014.07.011 https://doi.org/10.1016/j.socscimed.2021.113709 https://doi.org/10.1016/j.socscimed.2021.113708 https://doi.org/10.1016/j.worlddev.2014.11.024 issn 2807-2812 journal of human rights, culture and legal system 163 vol. 1, no. 3, november 2021, pp. 147-163 devi triasari (right to sanitation …) drivers and priorities for the post-mdg era’, world development, 68.1 (2015), 180–204 https://doi.org/10.1016/j.worlddev.2014.11.014 stevenson, fiona a., maureen seguin, geraldine leydon-hudson, rebecca barnes, sue ziebland, catherine pope, and others, ‘combining patient talk about internet use during primary care consultations with retrospective accounts. a qualitative analysis of interactional and interview data’, social science and medicine, 272 (2021), 113703 https://doi.org/10.1016/j.socscimed.2021.113703 tadesse, getaw, and godfrey bahiigwa, ‘mobile phones and farmers’ marketing decisions in ethiopia’, world development, 68 (2015), 296–307 https://doi.org/10.1016/j.worlddev.2014.12.010 tinoco, m., m. cortobius, m. doughty grajales, and m. kjellén, ‘water cooperation between cultures: partnerships with indigenous peoples for sustainable water and sanitation services’, aquatic procedia, 2 (2014), 55–62 https://doi.org/10.1016/j.aqpro.2014.07.009 visser, sanne siete, and hinke haisma, ‘fulfilling food practices: applying the capability approach to ethnographic research in the northern netherlands’, social science and medicine, 272.january (2021), 113701 https://doi.org/10.1016/j.socscimed.2021.113701 zhu, q., and y. li, ‘environmental restoration in the shiyang river basin, china: conservation, reallocation and more efficient use of water’, aquatic procedia, 2.september 2013 (2014), 24–34 https://doi.org/10.1016/j.aqpro.2014.07.005 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.worlddev.2014.11.014 https://doi.org/10.1016/j.socscimed.2021.113703 https://doi.org/10.1016/j.worlddev.2014.12.010 https://doi.org/10.1016/j.aqpro.2014.07.009 https://doi.org/10.1016/j.socscimed.2021.113701 https://doi.org/10.1016/j.aqpro.2014.07.005 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 14-30 14 https://doi.org/10.53955/jhcls.v2i1.23 journalhumanrightslegalsystem@gmail.com the effectiveness of administrative efforts in reducing state administration disputes ahmad siboya sholahuddin al-fatihb* virga dwi efendic nur putri hidayahd a faculty of law, university of islam malang, malang, indonesia b faculty of law, university of muhammadiyah malang, malang, indonesia d faculty of law, utrecht university, netherland. d faculty of law, university of muhammadiyah malang, malang, indonesia *corresponding author: sholahuddin.alfath@gmail.com 1. introduction legal protection is a form of state obligation to the human rights of its citizens.1 through legal protection, the state has fulfilled its obligation to protect and safeguard every right of its citizens who are victims of justice. this form of state legal protection against its citizens can be preventive and refresive legal 1sholahuddin al-fatih, fachry ahsany, and ahmad faiz alamsyah, ‘legal protection of labor rights during the coronavirus disease 2019 (covid-19) pandemic’, jurnal pembaharuan hukum, 7.2 (2020), 100–115 https://doi.org/10.26532/jph.v7i2.10975 a r t i c l e i n f o a b s t r a c t article history received: december 21, 2021 revised: february 22, 2022 accepted: march 02, 2022 regulating administrative efforts as the mandatory procedure is expected to be able to filter and reduce the number of disputes that must be tried by the state administrative court. however, the position of administrative efforts is only interpreted as a formality. this study aims to analiyz the position of administrative efforts in the settlement of state administration disputes and to find out how effective the administration efforts in reducing the number of state administration disputes in the state administrative courts in east java. the results indicated that administrative efforts were the embodiment of the state law of pancasila, but the effectiveness of administrative efforts in east java was still very low or ineffective in reducing the number of state administrative disputes in the state administrative court. this is an open-access article under the cc–by 4.0 license. keywords protection; administrative; indonesia; https://www.jhcls.org/index.php/jhcls https://doi.org/10.53955/jhcls.v2i1.23 mailto:journalhumanrightslegalsystem@gmail.com mailto:sholahuddin.alfath@gmail.com https://doi.org/10.26532/jph.v7i2.10975 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 15 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) protection.2 the protection of refresive law is demonstrated by the state by the provided of the judiciary as an institution that serves to uphold law and justice for the people who find justice. judicial institutions that exercise judicial power to uphold law and justice are run by a supreme court and the supreme constitutional court.3 state administrative justice is a judicial institution that is in the environment of the supreme court. state administrative court is a judicial institution that has the authority to adjudicate state administrative disputes. state governance dispute is a dispute that arises in the field of state administration between a person or civil law entity with a state administrative entity or official, both at the center and in the region, as a result of the issuance of a state administrative decision, including staffing disputes based on applicable laws and regulations. from the understanding, the elements of state governance disputes are,4 disputes that occur between state administrative entities/officials with people or entities of civil law, and the dispute arises because of the determination or issuance of state governance decisions by state administrative bodies/officials including staffing disputes.5 thus, the state administrative decree (hereinafter stated as ktun) is the basis for the birth of a dispute over state governance. ktun is the main cause of the birth of state administrative disputes, without ktun then there is no administrative dispute. this is known as causality, where ktun is the cause, while the dispute is the result. for this reason, ktun is referred to as the object of disputed state administration (objectum litis).6 however, any decision of state governance cannot be directly submitted to the state administrative court of either the state administrative court (hereinafter stated as ptun) or the high court of state administration (hereinafter stated as pt tun). people seeking justice can and/or be required to take administrative efforts first. according to soemaryono, administrative efforts are a complete assessment of a state administrative decision in terms of legality (rechtmatigheid) 2bambang suharnoko sjahrir, krisztina kis-katos, and günther g. schulze, ‘administrative overspending in indonesian districts: the role of local politics’, world development, 59.01 (2014), 166–83 https://doi.org/10.1016/j.worlddev.2014.01.008 3vesa koskimaa, lauri rapeli, and juha hiedanpää, ‘governing through strategies: how does finland sustain a future-oriented environmental policy for the long term?’, futures, 125.november 2020 (2021), 1–12 https://doi.org/10.1016/j.futures.2020.102667 4i pramana and others, ‘kompetensi absolut peradilan tata usaha negara terkait titik singgung antara peradilan tata usaha negara dan peradilan umum dalam sengketa pertanahan’, jurnal analogi hukum, 2.1 (2020) https://doi.org/10.22225/.2.1.1604.27-31 5kasper dirckinck-holmfeld, ‘the options of local authorities for addressing climate change and energy efficiency through environmental regulation of companies’, journal of cleaner production, 98 (2015), 175–84 https://doi.org/10.1016/j.jclepro.2014.12.067 6michael berlemann and robin christmann, ‘disposition time and the utilization of prior judicial decisions: evidence from a civil law country’, international review of law and economics, 62 (2020), 105887 https://doi.org/10.1016/j.irle.2020.105887 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.worlddev.2014.01.008 https://doi.org/10.1016/j.futures.2020.102667 https://doi.org/10.22225/.2.1.1604.27-31 https://doi.org/10.1016/j.jclepro.2014.12.067 https://doi.org/10.1016/j.irle.2020.105887 16 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) and opurtunitas (doelmatigheid). while based on the ius contituentum, administrative efforts are interpreted as procedures specified in a law to resolve a dispute in state governance carried out in the government itself (not by a free judicial body).7 hari sugiharto and bagus oktafian abrianto stated the reasons for the use of administrative efforts in the resolution of state administrative disputes as follows, first, there is the concept of separation of state power from montesquieu, which is divided into 3 (three) elements of power, namely executive power, judicial power and legislative power.8 the separation aims to guarantee the freedom of society and prevent the arbitrary actions of the ruler and prevent the concentration of state power. where each power cannot interfere with each other, so in this case the power of the government should not be interfered with judicial power because the government knows best about the question of government. therefore, in the resolution of state administrative disputes must first be resolved by the government itself through the means of administrative efforts.9 second, in principle the government's task is to organize public service (public service) instead of serving a lawsuit, so that if in resolving a dispute of state governance it cannot be resolved by the government, then settlement through the judiciary is the last resort (ultimum remidium); third, in the settlement by the judiciary only tests from the legal aspect only (rechtmatigheid), while the government in resolving disputes of state governance in addition to testing from legal aspects (rechtmatigheid) but also includes aspects of efficiency and effectiveness (doelmatigheid)".10 administrative efforts become an obligation for the people who find justice before submitting a dispute of state governance to the state administrative court. that is, the state administrative court cannot adjudicate state administrative disputes before first going through the administrative process. the obligation to deal with administrative efforts is regulated in the supreme court regulation (perma) no. 6 of 2018 as amended by perma no. 2 of 2019 on guidelines for 7milou derks and henny romijn, ‘sustainable performance challenges of rural microgrids: analysis of incentives and policy framework in indonesia’, energy for sustainable development, 53 (2019), 57–70 https://doi.org/10.1016/j.esd.2019.08.003 8septiawan santana kurnia and others, ‘the characteristics of investigative news organizations in indonesia between 2010-2012’, heliyon, 7.2 (2021), e06276 https://doi.org/10.1016/j.heliyon.2021.e06276 9samuel o okafor, ‘urban settlement and behavioural exchange towards environmental policy among urban settlers in southeast nigeria : implications for environmental policy administration and sustainability’, public policy and administration, 21.1 (2022), 55–81 https://doi.org/http://dx.doi.org/10.5755/j01.ppaa.21.1.29139 10hari sugiharto and bagus oktafian abrianto, ‘upaya administratif sebagai perlindungan hukum bagi rakyat dalam sengketa tata usaha negara’, arena hukum, 11.1 (2018), 24–47 https://doi.org/10.21776/ub.arenahukum.2018.01001.2 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.esd.2019.08.003 https://doi.org/10.1016/j.heliyon.2021.e06276 https://doi.org/http:/dx.doi.org/10.5755/j01.ppaa.21.1.29139 https://doi.org/10.21776/ub.arenahukum.2018.01001.2 issn 2807-2812 journal of human rights, culture and legal system 17 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) dispute resolution of government actions and authority to prosecute unlawful acts by bodies and/or government officials (onrechmatige overheidsdaad).11 but in its practice, administrative efforts only become a procedural process or only used as a mere "formality" especially in east java province. this is certainly a problem to reduce the number of state administrative disputes through administrative efforts.12 therefore, it should be questioned about the position of administrative efforts in the resolution of state administrative disputes and how is the effect of administrative efforts in reducing the number of state administrative disputes in the east java administrative court? these two legal issues are then examined in depth through juridical-empirical research. that is, studies that view the law as reality, encompass social reality, cultural reality, etc. in other words, this study examines law in action, the world of empirical studies is a watershed (what is the reality). this study examined directly into the field to see the reality directly about the effectiveness of administrative efforts in reducing the number of state administrative disputes in jawa timur. the approach used is a sociological juridical approach, which is an approach carried out by reviewing and analyzing the applicable legal rules about administrative efforts with the reality in the state administrative court (ptun and pt tun) of east java. 2. results and discussion 2.1 position of administrative efforts in the resolution of state administrative disputes in the perspective of administrative law theory, dispute resolution of state governance can be done through (1) administrative efforts, (2) administrative justice. in line with this, f.h van der burg stated that the resolution of state administrative disputes can be achieved through two possibilities; first, through the state administrative court / administrative court (administratief rechtspraak) and second, through administrative appeal (administratief beroep). both types of dispute resolution.13 firstly, settlement through administrative efforts. dispute resolution through administrative efforts is the resolution of state administrative disputes by internal governments themselves, not by judicial institutions. with this character, the settlement in this way is known as settlement through quasi administrative rechtspraak (pseudo administrative justice). so called, because administrative 11jonathan jacob and paul latupeirissa, ‘antecedents of public ’ s trust level regarding covid19 vaccination : as reflections of good governance in indonesia’, public policy and administration, 21.1 (2022), 82–93 https://doi.org/http://dx.doi.org/10.5755/j01.ppaa.21.1.29630 12rita toleikienė, vita juknevičienė, and irma rybnikova, ‘elektroninis vadovavimas darbuotojams vietos savivaldoje : k oncepcinė analizė ir literatūros apžvalga’, public policy and administration, 21.1 (2022), 111–28. https://doi.org/10.1016/s1870-0578(16)30001-4 13ana elena f ierro, ‘a comparative-empirical analysis of administrative courts in mexico’, mexican law review, vii.2 (2015), 3–35 https://doi.org/10.1016/s1870-0578(16)30001-4 https://www.jhcls.org/index.php/jhcls https://doi.org/http:/dx.doi.org/10.5755/j01.ppaa.21.1.29630 https://doi.org/10.1016/s1870-0578(16)30001-4 https://doi.org/10.1016/s1870-0578(16)30001-4 18 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) efforts function the same as the judiciary in resolving state administrative disputes but do not have event law like judicial bodies.14 there are 2 (two) types of dispute resolution through administrative efforts, namely through objections (bezwaar) and administrative appeals (administrative beroep). usually, objections are raised to the official who took the action or who issued the decision, while the administrative appeal is filed with the supervisor of the official concerned. however, such procedures do not apply absolutely, because the arrangement of administrative efforts is specified in sectoral law, so that one another differs. suppose the settlement of disputes in the state administrative affairs of regional head elections (pilkada) through administrative efforts stipulated in law no. 10 of 2016 has a different procedure with the resolution of staffing disputes in law no. 5 of 2014.15 secondly, settlement through administrative judicial bodies. the resolution of state administrative disputes through administrative justice is a dispute resolution procedure carried out by an independent judicial body with a predetermined event law. according to article 47 of law no. 5 of 1986, the state administrative court is given absolute competence to resolve state administrative disputes.16 usually, the settlement of administrative disputes through judicial bodies starts from the process of filing a lawsuit by the plaintiff to the competent court, so this process is a contentiosa process where the people as plaintiffs and state administrative entities/officials as defendants. the end of dispute resolution through administrative justice is the determination of court decisions whose contents are an assessment of the validity of the actions of government agencies/officials. if the action/decision is declared contrary to the laws and general principles of good governance, the court annuls the government's decision/action and imposes certain obligations such as revoking or issuing decisions to government bodies/officials.17 from the description above, the position of administrative efforts in state governance disputes is as follows, as one of the models/ways of resolving state governance disputes in addition to the model/way of resolving state 14paola bertoli, adriana g. garcia, and nuno garoupa, ‘testing an application of the political insurance model: the case of the mexican state-level administrative courts’, journal of economic behavior and organization, 195 (2022), 272–87 https://doi.org/10.1016/j.jebo.2022.01.021 15soehartono and others, ‘the establishing paradigm of dominus litis principle in indonesian administrative justice’, sriwijaya law review, 5.1 (2021), 42–55 https://doi.org/10.28946/slrev.vol5.iss1.603.pp42-55 16herman herman and hendry julian noor, ‘doktrin tindakan hukum administrasi negara membuat keputusan (beschikking)’, jurnal komunikasi hukum (jkh), 3.1 (2017), 82 https://doi.org/10.23887/jkh.v3i1.9240 17maftuh effendi, ‘peradilan tata usaha negara indonesia suatu pemikiran ke arah perluasan kompetensi pasca amandemen kedua undang-undang peradilan tata usaha negara’, jurnal hukum dan peradilan, 3.1 (2018), 25 https://doi.org/10.25216/jhp.3.1.2014.25-36 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jebo.2022.01.021 https://doi.org/10.28946/slrev.vol5.iss1.603.pp42-55 https://doi.org/10.23887/jkh.v3i1.9240 https://doi.org/10.25216/jhp.3.1.2014.25-36 issn 2807-2812 journal of human rights, culture and legal system 19 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) administrative disputes by the administrative judiciary.18 in other words, administrative efforts are a means of legal protection for citizens (individuals/civil legal entities) who are affected by the state administrative decree (beschikking) which harms it through the state administrative agency/official in the government itself before being submitted to the judicial body, administrative efforts are the resolution of disputes carried out by internal governments and administrative efforts can be objections and/or administrative appeals, both ways are used in accordance with the provisions of the laws and regulations governing them.19 the position of administrative efforts in indonesia has been shared as part of the positive law. various regulations regarding administrative efforts in indonesia are from law no. 5 of 1986 to supreme court regulation no. 2 of 2019 on guidelines for dispute resolution of governmental actions and authority to prosecute unlawful acts by bodies and /or government officials (onrechtmatige overheidsdaad).20 the position of administrative efforts becomes very important because the administrative efforts in the process of resolving state administrative disputes show several things, first, as the embodiment of the pancasila law.21 in accordance with article 1 paragraph (3) of the 1945 nri constitution, indonesia is a state of law. the state of law is the state of pancasila law. philipus m. hadjon stated that one of the characteristics of pancasila law is the principle of dispute resolution by deliberation and the judiciary is the last resort. with this principle, the resolution of state governance disputes must first be done through consensus deliberation through administrative efforts. one of the advantages of resolving state governance disputes through administrative efforts is that there is no contentiosa so that there are no plaintiffs or defendants, therefore the parties are not faced with a win or lose verdict, but the best decision-making based on deliberation. if all administrative efforts have been taken, ptun is the last resort to resolve disputes between the government and the people.22 second, as a means of legal protection for the people. one element of administrative law is the existence of legal protection for the people. therefore, the main principle in administrative law is the principle of legality (rechtmatige van het bestuur) which requires the government to act in accordance with the law (sufficient authority, according to procedure, and meet the substance of authority). 18ahmad sururi and ida widianingsih, ‘housing policy for low-income communities in indonesia and its reforms : an overview’, public administration and policy, 21.1 (2022), 158–74 https://doi.org/http://dx.doi.org/10.5755/j01.ppaa.21.1.30151 abstract. 19 pramana and others. 20noor issa alhendi, ‘stopping implementation of administrative decisions in saudi regulation’, heliyon, 7.7 (2021), e07638 https://doi.org/10.1016/j.heliyon.2021.e07638 21tania sourdin, bin li, and donna marie mcnamara, ‘court innovations and access to justice in times of crisis’, health policy and technology, 9.4 (2020), 447–53 https://doi.org/10.1016/j.hlpt.2020.08.020 22paweł marcin nowotko, ‘ai in judicial application of law and the right to a court’, procedia computer science, 192 (2021), 2220–28 https://doi.org/10.1016/j.procs.2021.08.235 https://www.jhcls.org/index.php/jhcls https://doi.org/http:/dx.doi.org/10.5755/j01.ppaa.21.1.30151%20abstract. https://doi.org/10.1016/j.heliyon.2021.e07638 https://doi.org/10.1016/j.hlpt.2020.08.020 https://doi.org/10.1016/j.procs.2021.08.235 20 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) if the government acts in accordance with the law, then the people are given the right to apply for testing for government actions that harm it. this right by philupus m. hadjon is referred to as the protection of repressive law, namely legal protection in dispute resolution. administrative efforts in the form of objections and administrative appeals are one of the models of dispute resolution of state governance, so that one form or manifestation of legal protection for the people.23 in fact, administrative efforts are a way to make it easier for people to obtain legal protection, because administrative efforts have simpler, cheaper and faster procedures, compared to the model of dispute resolution through administrative justice. the main principle of dispute resolution of state governance is the court as the last effort (ultimum remedium), so there must be a dispute resolution model that can filter cases into court.24 one way is through the model of administrative efforts, where state governance disputes are resolved alone by the official who issued the decision or superior/agency given the authority for it. administrative efforts such as preliminary disputes so that not all state administrative disputes are resolved by the courts. dispute resolution by ptun has many obstacles or obstacles, especially related to a very limited number of courts, limited human resources, and other issues. suppose ptun surabaya has absolute competence for 38 regencies/cities in east java. if all is resolved by ptun surabaya it will cause high costs considering the extent of east java province. therefore, administrative efforts are very appropriate to filter state administrative disputes so that not all are registered with ptun.25 2.2 effectiveness of administrative efforts in reducing the number of state governance disputes in east java province etymologically, the word effectiveness is an absorption of effectiveness which means "the ability to be successful and produce the intended results". the great dictionary indonesian, the word 'effective' means there is an effect (its effect, its effect, its effect), potent or efficacious, can bring results, come into force (about laws, regulations).26 barda nawawi arief states "effectiveness means effectiveness of the effect of success or efficacy". while according to achmad ali, the effectiveness of a law can be seen from the extent to which a rule of law is obeyed or not obeyed. a rule of law is obeyed if for fear of sanctions then the obedience or 23susan h. weaver and others, ‘administrative supervisor and nursing unit-based manager collaboration’, nurse leader, 19.5 (2021), 493–98 https://doi.org/10.1016/j.mnl.2020.07.012 24kuo fen huang and others, ‘tax agent ad litem’s impact on estate and gift tax cases of administrative litigation’, asia pacific management review, 23.2 (2018), 86–94 https://doi.org/10.1016/j.apmrv.2017.09.001 25allyson l. dir and others, ‘patterns of drug screen results and court-ordered substance use treatment referrals and completion among justice-involved youth’, journal of substance abuse treatment, 118.april (2020), 108095 https://doi.org/10.1016/j.jsat.2020.108095 26adriana a. dragone silveira, ‘the role played by courts in promoting equal educational opportunity reforms: new york and são paulo cases’, international journal of educational development, 87.september (2021), 102495 https://doi.org/10.1016/j.ijedudev.2021.102495 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.mnl.2020.07.012 https://doi.org/10.1016/j.apmrv.2017.09.001 https://doi.org/10.1016/j.jsat.2020.108095 https://doi.org/10.1016/j.ijedudev.2021.102495 issn 2807-2812 journal of human rights, culture and legal system 21 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) effectiveness of the law is low, while if the rule of law is adhered to because of the intrinsic value of the rule then the degree of obedience occupies the highest degree. for achmad ali, obedience to a law is not only to certain laws but to common and special laws.27 thus, when it is associated with the law, the effectiveness of the law relates to the extent to which the objectives of the law are achieved. if what is intended by the law is largely achieved or realized, then the law can be said to be effective, but if the opposite then the law is not effective. to measure the ability of the purpose of the law, it must be seen in the practice of society (das sein).28 regarding the effectiveness of the law, salim hs stated "when talking about the extent of the effectiveness of the law then we must first be able to measure the extent to which the rule of law is obeyed or not adhered to. if a rule of law is adhered to by most targets who are subjected to its obedience, it will be said that the rule of law in question is effective." in line with this, ahmad ali stated that "in order to know the effectiveness of the law then we must first be able to measure the extent to which the law is adhered to by most of the targets subjected to its observance, we would say that the rule of law in question is effective. however, even if it is said that the rules adhered to are effective, but we can still question further the degree of effectiveness because a person obeys or does not a rule of law depend on his interests.29 the effectiveness of a law is due to various factors. related to this ahmad ali stated that the factors that affect the effectiveness of the law are as follows, knowledge of the substance (content) of legislation, ways to gain that knowledge, institutions related to the scope of legislation in their society and how the process of the birth of a law, which should not be born in haste for instant interests (momentary), termed by gunnar myrdall as sweep legislation (broom law), which has poor quality and is not in accordance with the needs of the community. soerjono soekanto further stated that the five factors above are interrelated, because they are the main thing in law enforcement, as well as a benchmark of the effectiveness of law enforcement. of the five law enforcement factors, the law enforcement factor itself is the central point.30 27a. mageau and others, ‘choc septique au cours du lupus érythémateux systémique : pronostic à court et à long terme. résultats de l’analyse d’une base médico-administrative nationale’, la revue de médecine interne, 39 (2018), a58–59 https://doi.org/10.1016/j.revmed.2018.10.311 28michal polák and tomáš plachý, ‘determination of forces in roof cables at administrative center amazon court’, procedia engineering, 48 (2012), 578–82 https://doi.org/10.1016/j.proeng.2012.09.556 29maansi gupta and nomesh b. bolia, ‘efficiency measurement of indian high courts using dea: a policy perspective’, journal of policy modeling, 42.6 (2020), 1372–93 https://doi.org/10.1016/j.jpolmod.2020.06.002 30 ya-feng zhang, li-ming li, and ke xu, ‘do specialized intellectual property courts show a pro-patent propensity? evidence from china’, international review of law and economics, 70 (2022), 106065 https://doi.org/10.1016/j.irle.2022.106065 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.revmed.2018.10.311 https://doi.org/10.1016/j.proeng.2012.09.556 https://doi.org/10.1016/j.jpolmod.2020.06.002 https://doi.org/10.1016/j.irle.2022.106065 22 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) based on the theory of legal effectiveness above, the parameters used to measure the effectiveness of administrative efforts are whether the purpose of mandatory administrative efforts in the laws and regulations has been achieved or not.31 the objectives can be elaborated into 2 (two) main objectives, namely (1) providing legal protection for the people seeking justice to obtain a quick and cheap resolution of state administrative disputes, and (2) as a filter or filter for submission of state administrative dispute cases to the state administrative court (ptun), therefore must first be resolved by the government agency itself and if the applicant does not receive then the ptun is the ultimum remedium.32 with this goal, the target of the mandatory administrative efforts is the increasing number of state administrative disputes that are successfully resolved through administrative efforts, so that it will have implications for the decreasing state governance disputes filed to ptun.33 thus, the effectiveness of administrative efforts can be measured using 2 (two) models, comparing the total number of state administrative disputes in government agencies that must be resolved by administrative efforts (as a target/das sollen) with the number of state administrative disputes that can be resolved through administrative-applicant efforts to accept decisions in administrative efforts (as a reality/das sein).34 then the result of the comparison is multiplied by 100%. if the total number of disputes or targets/das sollen is called x, the number of disputes completed through administrative efforts or reality/das sein is called y, and effectiveness is called e, then the following formula is obtained and calculating all cases of state administrative disputes in government agencies that have taken administrative efforts. once calculated, a reduction is made with the number of administrative disputes filed with the lawsuit to ptun because the applicant does not receive.35 31xiaoge dong and stefan voigt, ‘courts as monitoring agents: the case of china’, international review of law and economics, 69 (2022) https://doi.org/10.1016/j.irle.2022.106046 32sergio muro and alejandro chehtman, ‘law or strategic calculus? abstention in the argentine supreme court’, international review of law and economics, 62 (2020), 105889 https://doi.org/10.1016/j.irle.2020.105889 33lucia dalla pellegrina, nuno garoupa, and fernando gómez-pomar, ‘estimating judicial ideal points in the spanish supreme court: the case of administrative review’, international review of law and economics, 52 (2017), 16–28 https://doi.org/10.1016/j.irle.2017.07.003 34qi zhang, zhi yu, and dongmin kong, ‘the real effect of legal institutions: environmental courts and firm environmental protection expenditure’, journal of environmental economics and management, 98 (2019), 102254 https://doi.org/10.1016/j.jeem.2019.102254 35mian m. ajmal, mehmood khan, and muhammad kashif shad, ‘the global economic cost of coronavirus pandemic: current and future implications’, public administration and policy, 24.3 (2021), 290–305 https://doi.org/10.1108/pap-10-2021-0054 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.irle.2022.106046 https://doi.org/10.1016/j.irle.2020.105889 https://doi.org/10.1016/j.irle.2017.07.003 https://doi.org/10.1016/j.jeem.2019.102254 https://doi.org/10.1108/pap-10-2021-0054 issn 2807-2812 journal of human rights, culture and legal system 23 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) table 1 standard reference to measure effectiveness attempt administrative effectiveness ratio (%) reach rate under 40 very ineffective 40-59,9 ineffective 60-79,9 effective enough above 80 very effective source: research and development and education and training of the supreme court, 2021. the effectiveness of administrative efforts in state administrative disputes, this study was conducted by looking at the number of cases conducted by the state administrative court (ptun) surabaya and the high court of state administration (pt tun) of east java.36 the number of cases in the two courts can be used as a measure of looking at the effectiveness of the adinistration effort because by knowing the number of cases in both courts can be known the number of state administrative disputes that are completed at the level of administrative efforts or not proceeded to the state administrative court and the high court of state administration.37 if administrative efforts made cannot reduce the number of cases submitted to the court, it can be stated that the administrative efforts that are expected to reduce the number of cases that must be tried are not effective. based on the results of research in ptun surabaya the number of cases from 2017 to 2019 is 149 cases. as for the mandatory administrative efforts after the enactment of perma no. 6 of 2018 until october as many as 22 cases. the effectiveness of administrative efforts against state administrative disputes in east java province from 149 state administrative disputes, in this study used 5 (five) regencies / cities as research samples (purposive sampling), namely sidoarjo regency, lumajang regency, madiun regency, madiun city, and gresik regency. data on the resolution of state administrative disputes in 5 (five) regencies/cities can be seen in the table below: 36siu-kai lau, ‘the national security law: political and social effects on the governance of the hong kong special administrative region’, public administration and policy, 24.3 (2021), 234–40 https://doi.org/10.1108/pap-08-2021-0050 37ali roziqin, syasya y.f. mas’udi, and iradhad t. sihidi, ‘an analysis of indonesian government policies against covid-19’, public administration and policy, 24.1 (2021), 92–107 https://doi.org/10.1108/pap-08-2020-0039 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1108/pap-08-2021-0050 https://doi.org/10.1108/pap-08-2020-0039 24 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) table 2 the effectiveness of administrative efforts against state administrative disputes no. kab/city 2017 2018 2019 2017 2018 2019 2017 2018 2019 1 kab. sidoarjo 0 0 1 0 0 0 0 0 1 2 kab. lumajang 2 4 2 0 1 1 2 3 1 3 kab. madiun 0 0 1 0 0 0 0 0 1 4 city of madiun 1 0 0 0 0 0 1 0 0 5 kab. gresik 1 2 2 0 0 0 1 2 2 sum 4 6 6 0 1 1 4 5 5 source: state administrative court surabaya, 2021. from the data, the use of administrative efforts in 5 (five) regencies / cities has not been effective as a form of dispute resolution of state governance. for example, for sidoarjo regency in 2019 has the number of state administrative disputes as many as 1 case and has been made administrative efforts but failed so that a lawsuit was filed to ptun.38 this indicates that administrative efforts have not been a filter for resolving state governance disputes. likewise, in gresik regency in 2019 there were 2 number of state administrative disputes faced, and administrative efforts were made but failed, so a lawsuit was filed with ptun. it also indicates that administrative efforts in gresik regency have not been effective. table 3 the effectiveness level of administrative efforts in state administrative disputes no effectiveness of ua conclusion 2017 2018 2019 1 east java province 0/4 x 100% 1/6 x 100% 1/6 x 100% not yet effective result 0% 16.67% 16.67% source: state administrative court surabaya, 2021. thus, it can be concluded that the effectiveness of administrative efforts in east java in 2017 was 0%, in 2018 it was 16.67%, and in 2019 it was 16.67%. thus, it can be said that administrative efforts have not been effective as a model in reducing the number of state administrative disputes that must be tried by the state administrative court.39 as explained above, that the urgency and nature of administrative efforts is as an embodiment of the pancasila law state, as a means 38sivakumar velayutham and rashedul hasan, ‘sovereign wealth funds and corporate social responsibility: a comparison of norway’s government pension fund global and abu dhabi fund for development’, public administration and policy, 24.2 (2021), 139–51 https://doi.org/10.1108/pap-08-2020-0037 39muhammad akbar hairi, ‘governance and administrative process of the light rail train project in palembang, indonesia’, public administration and policy, 23.3 (2020), 299–313 https://doi.org/10.1108/pap-06-2020-0031 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1108/pap-08-2020-0037 https://doi.org/10.1108/pap-06-2020-0031 issn 2807-2812 journal of human rights, culture and legal system 25 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) of legal protection for the people, and as a means of filter things that enter in ptun. with this urgency and nature, administrative efforts actually have a very important position in the process of resolving state administrative disputes that occur between the government and people.40 however, as explained above that based on empirical research conducted in east java province by making 5 (five) regencies/cities as data samples show that administrative efforts have not been effective to serve as instruments for dispute resolution of state governance.41 of course, the effectiveness of administrative efforts is not caused by normative factors an sich but also caused by various empirical factors such as the level of knowledge and understanding of structure (government) in using administrative efforts. by using the theory of lawrence friedman's legal system, the ineffectiveness of administrative efforts is more due to the substance of the law that is still not legally determined. and and the legal structure is inadequate and does not yet understand the administrative efforts.42 in terms of legal substance, the factors that affect the effectiveness of administrative efforts are as follows: (1) arrangements regarding administrative efforts that are still spread in various laws and regulations. , both in material administrative law and in administrative law formil, so that one another conflicts (inconsistencies), (2) arrangements regarding the position and nature of efforts administrative varying between one law and another, some state the choice but there are also those who declare mandatory, (3) the law of the event regarding administrative efforts in the laws and regulations are also unclear, incomplete and tend to be inconsistencies. in terms of legal structure, factors that affect the effectiveness of administrative efforts are as follows: (1) knowledge of state administrative bodies/officials regarding resolution of state administrative disputes through administrative efforts has not been adequate or even lacking; (2) the dignity of an adequate legal structure to support the running of administrative efforts; and (3) there is no guarantee of the obedience of state administrative bodies/officials to implement administrative decision.43 based on the description above, it is to ensure the effectiveness of administrative efforts as an instrument of dispute resolution of state governance to reduce the number of disputes that must be tried by the judiciary. state administration is then necessary as follows, arrangements regarding administrative efforts that are legal and consistent in one law so as not to spread in 40sana rauf, ‘effects of red tape in public sector organizations: a study of government departments in pakistan’, public administration and policy, 23.3 (2020), 327–38 https://doi.org/10.1108/pap-06-2019-0013 41jon s.t. quah, ‘breaking the cycle of failure in combating corruption in asian countries’, public administration and policy, 24.2 (2021), 125–38 https://doi.org/10.1108/pap-05-2021-0034 42franky k.h. choi, ‘how to select good leaders in asian countries: the case of china and singapore’, public administration and policy, 24.3 (2021), 264–74 https://doi.org/10.1108/pap-04-20210028 43jacob and latupeirissa. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1108/pap-06-2019-0013 https://doi.org/10.1108/pap-05-2021-0034 https://doi.org/10.1108/pap-04-2021-0028 https://doi.org/10.1108/pap-04-2021-0028 26 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) accordance with the laws and regulations;44 arrangements regarding the position and nature of administrative efforts should be regulated whether they are mandatory or optional to make it easier for the people of the court to apply; it is necessary to regulate the event law of administrative efforts in the laws and regulations clearly, completely and consistently. suppose the form of application, to whom the submission of objections, administrative appeals, procedures of trial, decisions, even to the implementation of a decision of blessing or administrative appeal; the need for training and socialization for state administrative bodies/officials to increase the knowledge of state administrative bodies/officials in the resolution of state governance disputes through efforts administrative; and the need for an adequate legal structure to support the running of administrative efforts in each state administrative body/official. 3. conclusion administrative efforts are one way to resolve state governance disputes that occur between the government and the people seeking justice. philosophically, the urgency and nature of administrative efforts is as the embodiment of the pancasila law state, as a means of legal protection for the people, and as a filter of the cases entered in the ptun. on that basis, the administrative effort is a preliminary dispute before being submitted to the state administrative court. the effectiveness of administrative efforts in east java is still very low or ineffective in reducing the number of state administrative disputes in administrative courts. country. this was seen after research on five regencies/cities in east java as a sample of research. namely, in sidoarjo, lumajang, madiun and gresik regencies where the results were obtained that in 2017 it was 0%, in 2018 it was 16.67%, and in 2019 it was 16.67%. thus, consistency is needed regarding the arrangement of administarsi efforts, especially about the position of whether the choice or obligation. references ajmal, mian m., mehmood khan, and muhammad kashif shad, ‘the global economic cost of coronavirus pandemic: current and future implications’, public administration and policy, 24.3 (2021), 290–305 https://doi.org/10.1108/pap-10-2021-0054 al-fatih, sholahuddin, fachry ahsany, and ahmad faiz alamsyah, ‘legal protection of labor rights during the coronavirus disease 2019 (covid-19) pandemic’, jurnal pembaharuan hukum, 7.2 (2020), 100–115 https://doi.org/10.26532/jph.v7i2.10975 alhendi, noor issa, ‘stopping implementation of administrative decisions in saudi regulation’, heliyon, 7.7 (2021), e07638 https://doi.org/10.1016/j.heliyon.2021.e07638 44kurnia and others. https://www.jhcls.org/index.php/jhcls https://doi.org/10.1108/pap-10-2021-0054 https://doi.org/10.26532/jph.v7i2.10975 https://doi.org/10.1016/j.heliyon.2021.e07638 issn 2807-2812 journal of human rights, culture and legal system 27 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) berlemann, michael, and robin christmann, ‘disposition time and the utilization of prior judicial decisions: evidence from a civil law country’, international review of law and economics, 62 (2020), 105887 https://doi.org/10.1016/j.irle.2020.105887 bertoli, paola, adriana g. garcia, and nuno garoupa, ‘testing an application of the political insurance model: the case of the mexican state-level administrative courts’, journal of economic behavior and organization, 195 (2022), 272–87 https://doi.org/10.1016/j.jebo.2022.01.021 choi, franky k.h., ‘how to select good leaders in asian countries: the case of china and singapore’, public administration and policy, 24.3 (2021), 264–74 https://doi.org/10.1108/pap-04-2021-0028 derks, milou, and henny romijn, ‘sustainable performance challenges of rural microgrids: analysis of incentives and policy framework in indonesia’, energy for sustainable development, 53 (2019), 57–70 https://doi.org/10.1016/j.esd.2019.08.003 dir, allyson l., richelle l. clifton, lauren a. magee, annalee v. johnsonkwochka, sarah e. wiehe, and matthew c. aalsma, ‘patterns of drug screen results and court-ordered substance use treatment referrals and completion among justice-involved youth’, journal of substance abuse treatment, 118.april (2020), 108095 https://doi.org/10.1016/j.jsat.2020.108095 dirckinck-holmfeld, kasper, ‘the options of local authorities for addressing climate change and energy efficiency through environmental regulation of companies’, journal of cleaner production, 98 (2015), 175–84 https://doi.org/10.1016/j.jclepro.2014.12.067 dong, xiaoge, and stefan voigt, ‘courts as monitoring agents: the case of china’, international review of law and economics, 69 (2022) https://doi.org/10.1016/j.irle.2022.106046 dragone silveira, adriana a., ‘the role played by courts in promoting equal educational opportunity reforms: new york and são paulo cases’, international journal of educational development, 87.september (2021), 102495 https://doi.org/10.1016/j.ijedudev.2021.102495 effendi, maftuh, ‘peradilan tata usaha negara indonesia suatu pemikiran ke arah perluasan kompetensi pasca amandemen kedua undang-undang peradilan tata usaha negara’, jurnal hukum dan peradilan, 3.1 (2018), 25 https://doi.org/10.25216/jhp.3.1.2014.25-36 gupta, maansi, and nomesh b. bolia, ‘efficiency measurement of indian high courts using dea: a policy perspective’, journal of policy modeling, 42.6 (2020), 1372–93 https://doi.org/10.1016/j.jpolmod.2020.06.002 hairi, muhammad akbar, ‘governance and administrative process of the light rail train project in palembang, indonesia’, public administration and policy, 23.3 (2020), 299–313 https://doi.org/10.1108/pap-06-2020-0031 herman, herman, and hendry julian noor, ‘doktrin tindakan hukum administrasi negara membuat keputusan (beschikking)’, jurnal komunikasi https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.irle.2020.105887 https://doi.org/10.1016/j.jebo.2022.01.021 https://doi.org/10.1108/pap-04-2021-0028 https://doi.org/10.1016/j.esd.2019.08.003 https://doi.org/10.1016/j.jsat.2020.108095 https://doi.org/10.1016/j.jclepro.2014.12.067 https://doi.org/10.1016/j.irle.2022.106046 https://doi.org/10.1016/j.ijedudev.2021.102495 https://doi.org/10.25216/jhp.3.1.2014.25-36 https://doi.org/10.1016/j.jpolmod.2020.06.002 https://doi.org/10.1108/pap-06-2020-0031 28 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) hukum (jkh), 3.1 (2017), 82 https://doi.org/10.23887/jkh.v3i1.9240 huang, kuo fen, ching hsiang lin, ching hui wu, and hong da wang, ‘tax agent ad litem’s impact on estate and gift tax cases of administrative litigation’, asia pacific management review, 23.2 (2018), 86–94 https://doi.org/10.1016/j.apmrv.2017.09.001 ierro, ana elena f, ‘a comparative-empirical analysis of administrative courts in mexico’, mexican law review, vii.2 (2015), 3–35 https://doi.org/10.1016/s1870-0578(16)30001-4 jacob, jonathan, and paul latupeirissa, ‘antecedents of public ’ s trust level regarding covid-19 vaccination : as reflections of good governance in indonesia’, public policy and administration, 21.1 (2022), 82–93 https://doi.org/http://dx.doi.org/10.5755/j01.ppaa.21.1.29630 koskimaa, vesa, lauri rapeli, and juha hiedanpää, ‘governing through strategies: how does finland sustain a future-oriented environmental policy for the long term?’, futures, 125.november 2020 (2021), 1–12 https://doi.org/10.1016/j.futures.2020.102667 kurnia, septiawan santana, engkus kuswarno, eni maryani, and firmansyah, ‘the characteristics of investigative news organizations in indonesia between 2010-2012’, heliyon, 7.2 (2021), e06276 https://doi.org/10.1016/j.heliyon.2021.e06276 lau, siu-kai, ‘the national security law: political and social effects on the governance of the hong kong special administrative region’, public administration and policy, 24.3 (2021), 234–40 https://doi.org/10.1108/pap-082021-0050 mageau, a., j.f. timsit, a. perrozziello, t. papo, and k. sacré, ‘choc septique au cours du lupus érythémateux systémique : pronostic à court et à long terme. résultats de l’analyse d’une base médico-administrative nationale’, la revue de médecine interne, 39 (2018), a58–59 https://doi.org/10.1016/j.revmed.2018.10.311 muro, sergio, and alejandro chehtman, ‘law or strategic calculus? abstention in the argentine supreme court’, international review of law and economics, 62 (2020), 105889 https://doi.org/10.1016/j.irle.2020.105889 nowotko, paweł marcin, ‘ai in judicial application of law and the right to a court’, procedia computer science, 192 (2021), 2220–28 https://doi.org/10.1016/j.procs.2021.08.235 okafor, samuel o, ‘urban settlement and behavioural exchange towards environmental policy among urban settlers in southeast nigeria : implications for environmental policy administration and sustainability’, public policy and administration, 21.1 (2022), 55–81 https://doi.org/http://dx.doi.org/10.5755/j01.ppaa.21.1.29139 pellegrina, lucia dalla, nuno garoupa, and fernando gómez-pomar, ‘estimating judicial ideal points in the spanish supreme court: the case of administrative review’, international review of law and economics, 52 (2017), https://www.jhcls.org/index.php/jhcls https://doi.org/10.23887/jkh.v3i1.9240 https://doi.org/10.1016/j.apmrv.2017.09.001 https://doi.org/10.1016/s1870-0578(16)30001-4 https://doi.org/http:/dx.doi.org/10.5755/j01.ppaa.21.1.29630 https://doi.org/10.1016/j.futures.2020.102667 https://doi.org/10.1016/j.heliyon.2021.e06276 https://doi.org/10.1108/pap-08-2021-0050 https://doi.org/10.1108/pap-08-2021-0050 https://doi.org/10.1016/j.revmed.2018.10.311 https://doi.org/10.1016/j.irle.2020.105889 https://doi.org/10.1016/j.procs.2021.08.235 https://doi.org/http:/dx.doi.org/10.5755/j01.ppaa.21.1.29139 issn 2807-2812 journal of human rights, culture and legal system 29 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) 16–28 https://doi.org/10.1016/j.irle.2017.07.003 polák, michal, and tomáš plachý, ‘determination of forces in roof cables at administrative center amazon court’, procedia engineering, 48 (2012), 578–82 https://doi.org/10.1016/j.proeng.2012.09.556 pramana, i, i gede aris eka, made arjaya, and ida ayu putu widiati, ‘kompetensi absolut peradilan tata usaha negara terkait titik singgung antara peradilan tata usaha negara dan peradilan umum dalam sengketa pertanahan’, jurnal analogi hukum, 2.1 (2020) https://doi.org/10.22225/.2.1.1604.27-31 quah, jon s.t., ‘breaking the cycle of failure in combating corruption in asian countries’, public administration and policy, 24.2 (2021), 125–38 https://doi.org/10.1108/pap-05-2021-0034 rauf, sana, ‘effects of red tape in public sector organizations: a study of government departments in pakistan’, public administration and policy, 23.3 (2020), 327–38 https://doi.org/10.1108/pap-06-2019-0013 roziqin, ali, syasya y.f. mas’udi, and iradhad t. sihidi, ‘an analysis of indonesian government policies against covid-19’, public administration and policy, 24.1 (2021), 92–107 https://doi.org/10.1108/pap-08-2020-0039 sjahrir, bambang suharnoko, krisztina kis-katos, and günther g. schulze, ‘administrative overspending in indonesian districts: the role of local politics’, world development, 59.01 (2014), 166–83 https://doi.org/10.1016/j.worlddev.2014.01.008 soehartono, kukuh tejomurti, arsyad aldyan, and rachma indriyani, ‘the establishing paradigm of dominus litis principle in indonesian administrative justice’, sriwijaya law review, 5.1 (2021), 42–55 https://doi.org/10.28946/slrev.vol5.iss1.603.pp42-55 sourdin, tania, bin li, and donna marie mcnamara, ‘court innovations and access to justice in times of crisis’, health policy and technology, 9.4 (2020), 447–53 https://doi.org/10.1016/j.hlpt.2020.08.020 sugiharto, hari, and bagus oktafian abrianto, ‘upaya administratif sebagai perlindungan hukum bagi rakyat dalam sengketa tata usaha negara’, arena hukum, 11.1 (2018), 24–47 https://doi.org/10.21776/ub.arenahukum.2018.01001.2 sururi, ahmad, and ida widianingsih, ‘housing policy for low-income communities in indonesia and its reforms : an overview’, public administration and policy, 21.1 (2022), 158–74 https://doi.org/http://dx.doi.org/10.5755/j01.ppaa.21.1.30151 abstract. toleikienė, rita, vita juknevičienė, and irma rybnikova, ‘elektroninis vadovavimas darbuotojams vietos savivaldoje : k oncepcinė analizė ir literatūros apžvalga’, public policy and administration, 21.1 (2022), 111–28 https://doi.org/10.1016/s1870-0578(16)30001-4 velayutham, sivakumar, and rashedul hasan, ‘sovereign wealth funds and corporate social responsibility: a comparison of norway’s government https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.irle.2017.07.003 https://doi.org/10.1016/j.proeng.2012.09.556 https://doi.org/10.22225/.2.1.1604.27-31 https://doi.org/10.1108/pap-05-2021-0034 https://doi.org/10.1108/pap-06-2019-0013 https://doi.org/10.1108/pap-08-2020-0039 https://doi.org/10.1016/j.worlddev.2014.01.008 https://doi.org/10.28946/slrev.vol5.iss1.603.pp42-55 https://doi.org/10.1016/j.hlpt.2020.08.020 https://doi.org/10.21776/ub.arenahukum.2018.01001.2 https://doi.org/http:/dx.doi.org/10.5755/j01.ppaa.21.1.30151%20abstract. https://doi.org/10.1016/s1870-0578(16)30001-4 30 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 1, march 2022, pp. 14-30 ahmad siboy, et.al (the effectiveness of administrative …) pension fund global and abu dhabi fund for development’, public administration and policy, 24.2 (2021), 139–51 https://doi.org/10.1108/pap-082020-0037 weaver, susan h., susan dowd, amanda j. hessels, and theresa a. wurmser, ‘administrative supervisor and nursing unit-based manager collaboration’, nurse leader, 19.5 (2021), 493–98 https://doi.org/10.1016/j.mnl.2020.07.012 zhang, qi, zhi yu, and dongmin kong, ‘the real effect of legal institutions: environmental courts and firm environmental protection expenditure’, journal of environmental economics and management, 98 (2019), 102254 https://doi.org/10.1016/j.jeem.2019.102254 zhang, ya-feng, li-ming li, and ke xu, ‘do specialized intellectual property courts show a pro-patent propensity? evidence from china’, international review of law and economics, 70 (2022), 106065 https://doi.org/10.1016/j.irle.2022.106065 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1108/pap-08-2020-0037 https://doi.org/10.1108/pap-08-2020-0037 https://doi.org/10.1016/j.mnl.2020.07.012 https://doi.org/10.1016/j.jeem.2019.102254 https://doi.org/10.1016/j.irle.2022.106065 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 100-112 100 https://doi.org/10.53955/jhcls.v2i2.33 journalhumanrightslegalsystem@gmail.com the model of legal protection for children victims of domestic violence based on justice andry harijantoa* siti hatikasaria juliet musabulab a faculty of law, universitas bengkulu, indonesia. b zambia police clinics and hospital, zambia, south afrika. *corresponding author: andryharijanto@gmail.com 1. introduction whether physical, psychological, sexual, or economic violence is generally experienced by children and women, violence in the household is not only a national problem but also has an international character.1 this is evidenced by the existence of a world conference to review and assess the progress of children and women carried out by the united nations (un) on equality, development, and peace in nairobi on july 15–26, 1985, which resulted in the declaration on the elimination of violence against women.2 indonesia has ratified the united nations convention on the elimination of all forms of discrimination against women (convention on the elimination of all forms of discrimination against women), abbreviated as cedaw in law no. 7 of 1984, which became the convention concerning the elimination of all forms of 1 julia nakamura, ratana chuenpagdee, and mostafa el halimi, ‘unpacking legal and policy frameworks: a step ahead for implementing the small-scale fisheries guidelines’, marine policy, 129 (2021), 104568 https://doi.org/10.1016/j.marpol.2021.104568 2 holly e. erskine and others, ‘measuring the prevalence of mental disorders in adolescents in kenya, indonesia, and vietnam: study protocol for the national adolescent mental health surveys’, journal of adolescent health, 2021, 1–8 https://doi.org/10.1016/j.jadohealth.2021.05.012 a r t i c l e i n f o a b s t r a c t article history received: february 25, 2021 revised: july 23, 2022 accepted: july 30, 2022 indonesia has passed a policy on child protection and eliminating domestic violence. however, the critical question that needs to be asked is why violence against children increases yearly. this study aims to analyze the model of legal protection for children victims of domestic violence based on justice. this research is empirical research with primary, secondary, and tertiary data. this study concludes that the norms of malay customary law that regulate violence in bengkulu city, namely cempalo hand and cempalo mouth, can reduce violence against children in the household. this is an open-access article under the cc–by 4.0 license. keywords children; women; violence; rajo penghulu; https://www.jhcls.org/index.php/jhcls mailto:journalhumanrightslegalsystem@gmail.com mailto:andryharijanto@gmail.com https://doi.org/10.1016/j.marpol.2021.104568 https://doi.org/10.1016/j.jadohealth.2021.05.012 https://creativecommons.org/licenses/by/4.0/ issn 2807-2812 journal of human rights, culture and legal system 101 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) discrimination against children and women.3 to implement this convention, the united nations in 1979 established the commission on the elimination of all forms of discrimination, or the cedaw commission. the cedaw commission oversees the implementation of cedaw in countries that have ratified it. this convention consists of six chapters, which are detailed in thirty articles.4 even though the indonesian government has ratified this convention since 1984, it has not yet been implemented because it requires a number of national laws that must be made by countries that ratify this convention before it can be operationalized, and as a result, other forms of discrimination still exist.5 its form is violence against children and women. it was only on september 22, 2004, that law no. 23 of 2004 concerning the elimination of domestic violence (pkdrt) was passed, then followed up with government regulation no. 4 of 2006 concerning implementation and cooperation in the recovery of victims of domestic violence, so that law enforcement officers have the authority to take action against perpetrators of domestic violence.6 the existence of domestic violence causes every family member to feel insecure and threatened. the household, which should be a place to stay that brings peace and tranquility to every member of the family, did not materialize.7 this condition denies the meaning and purpose of marriage as mandated by article 1 of law no. 1 of 1974 concerning marriage.8 domestic violence, be it physical violence, psychological violence, sexual violence, or economic neglect, injures the inner and outer bond, which is the purpose and basis of marriage.9 domestic violence can happen to anyone, whether from wealthy or low-income families, with low or high education, and can happen everywhere, both in big 3 sunny ummul firdaus, ‘the urgency of legal regulations existence in case of covid-19 vaccination refusal in indonesia’, journal of forensic and legal medicine, 91.october 2021 (2022), 102401 https://doi.org/10.1016/j.jflm.2022.102401 4 sandra dewi arifiani and others, ‘assessing large-scale violence against children surveys in selected southeast asian countries: a scoping review’, child abuse and neglect, 93.december 2018 (2019), 149–61 https://doi.org/10.1016/j.chiabu.2019.05.005 5 márcia r.o. pedroso and franciéle m.c. leite, ‘physical violence against children in espírito santo, brazil: prevalence and associated factors’, jornal de pediatria, 000.xxx (2022) https://doi.org/10.1016/j.jped.2022.07.009 6 elisa simó-soler and eloy peña-asensio, ‘from impact refugees to deterritorialized states: foresighting extreme legal-policy cases in asteroid impact scenarios’, acta astronautica, 192.december 2021 (2022), 402–8 https://doi.org/10.1016/j.actaastro.2021.12.015 7 ben mathews, ‘a taxonomy of duties to report child sexual abuse: legal developments offer new ways to facilitate disclosure’, child abuse and neglect, 88.december 2018 (2019), 337–47 https://doi.org/10.1016/j.chiabu.2018.12.003 8 ansie fouché, daniël f. fouché, and linda c. theron, ‘child protection and resilience in the face of covid-19 in south africa: a rapid review of c-19 legislation’, child abuse and neglect, 110.august (2020) https://doi.org/10.1016/j.chiabu.2020.104710 9 maila d.h. rahiem, ‘covid-19 and the surge of child marriages: a phenomenon in nusa tenggara barat, indonesia’, child abuse and neglect, 118.95 (2021), 105168 https://doi.org/10.1016/j.chiabu.2021.105168 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.jflm.2022.102401 https://doi.org/10.1016/j.chiabu.2019.05.005 https://doi.org/10.1016/j.jped.2022.07.009 https://doi.org/10.1016/j.actaastro.2021.12.015 https://doi.org/10.1016/j.chiabu.2018.12.003 https://doi.org/10.1016/j.chiabu.2020.104710 https://doi.org/10.1016/j.chiabu.2021.105168 102 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) cities and small towns; at the village level, in the sub-districts to rt, the people are illiterate.10 with the issuance of law no. 23 of 2004, concerning the elimination of domestic violence (pkdrt), which was declared effective on september 22, 2004, this law oversees the purpose and basis of marriage and maintains the integrity of marriage. law no. 23 of 2004 aims to prevent violence against children and women.11 however, in reality, in public life, especially in bengkulu city, the crime of violence against children and women is still high. therefore, it is very urgent to conduct research to protect victims of such violence legally. legal protection protects human rights that others have harmed and is given to the community so they can enjoy all the rights granted by law.12 thus, a model of legal protection for children and women victims of domestic violence (kdrt) in bengkulu city can be formulated as effective and efficient. the family remains intact, and divorce does not occur. it does not cause a sense of revenge based on norms. malay customary law through the rajo penghulu institution.13 whenever a dispute arises between members of the community in bengkulu city, bengkulu province, the pranata rajo penghulu is applied as a means of achieving a peaceful resolution. as pranata rajo penghulu, in the daily lives of indigenous peoples, customary peace is intended to restore the equilibrium of material and immaterial goods of life that have been disturbed. this rajo penghulu institution was founded by the ancient bengkulu ancestors who have been passed down from generation to generation.14 the rajo penghulu institution is not static, meaning that the determination of daily fines for each customary violation (error) is contingent on the disputing parties' circumstances and capabilities. the determination of this standardized fine is secondary. simultaneously, "peace" is the most important, specifically the existence of life between bengkulu community members who help each other 10 malin joleby and others, ‘offender strategies for engaging children in online sexual activity’, child abuse and neglect, 120.july (2021) https://doi.org/10.1016/j.chiabu.2021.105214 11 julie toft and others, ‘oral health history in children referred to a child advocacy center in norway’, child abuse and neglect, 132.july (2022) https://doi.org/10.1016/j.chiabu.2022.105789 12 robin sen and others, ‘“when you’re sitting in the room with two people one of whom… has bashed the hell out of the other”: possibilities and challenges in the use of fgcs and restorative approaches following domestic violence’, children and youth services review, 88.march (2018), 441–49 https://doi.org/10.1016/j.childyouth.2018.03.027 13 paula andrea valencia londoño and others, ‘the exacerbation of violence against women as a form of discrimination in the period of the covid-19 pandemic’, heliyon, 7.3 (2021) https://doi.org/10.1016/j.heliyon.2021.e06491 14 dr karolina la fors, ‘legal remedies for a forgiving society: children’s rights, data protection rights and the value of forgiveness in ai-mediated risk profiling of children by dutch authorities’, computer law and security review, 38 (2020), 105430 https://doi.org/10.1016/j.clsr.2020.105430 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.chiabu.2021.105214 https://doi.org/10.1016/j.chiabu.2022.105789 https://doi.org/10.1016/j.childyouth.2018.03.027 https://doi.org/10.1016/j.heliyon.2021.e06491 https://doi.org/10.1016/j.clsr.2020.105430 issn 2807-2812 journal of human rights, culture and legal system 103 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) (please help or cooperation), an atmosphere of friendship, an atmosphere of intimacy, and family relationships.15 2. research method the research method uses a qualitative approach and legal anthropology. 16 data collection techniques include in-depth interviews and secondary data collection. 17 the determination of the informants was carried out purposefully; the key informants were determined by the researchers themselves based on considerations of having adequate education, position, and experience. the data analysis was qualitative and carried out continuously from the beginning to the end of the study.18 3. results and discussion the norms of malay customary law that regulate violence are also referred to as customary violations. according to malay customary law, the type of customary violation (known locally as dapek salah or cembalo) is subject to customary sanctions (dendo adat), which will be resolved in the pranata rajo penghulu court ceremony; this is described in regional regulation no. 29 of 2003 pertaining to the enforcement of city customs.19 types of customary violations resolved by the pranata rajo penghulu are repeated and grave customary violations committed by a community member or group. minor violations of custom can only be resolved at the family level or the neighborhood (rt) level. malay customary law norms governing violations of customary violence, namelys; cempalo of the hand is a forbidden act carried out by the hand, and the spit of the mouth is a forbidden act by the mouth.20 15 sadhvi kalra and devin k. joshi, ‘gender and parliamentary representation in india: the case of violence against women and children’, women’s studies international forum, 82.july (2020), 102402 https://doi.org/10.1016/j.wsif.2020.102402 16tri hartini, ‘legal policy of protection covid-19 patients in hospitals’, journal of human rights, culture and legal system, 2.1 (2022), 45–57 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.25 17femmy silaswaty faried, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 18muhammad ridwansyah and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, journal of human rights, culture and legal system vol., 2.1 (2022), 55–65 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.27 19 shalini mittal, tushar singh, and sunil k. verma, ‘exploring the trauma of acid attack victims: a qualitative enquiry’, women’s studies international forum, 88.july (2021), 102507 https://doi.org/10.1016/j.wsif.2021.102507 20 andala yakubu and soma chaudhuri, ‘potential opportunities and challenging realities: organizations’ experiences while accessing resources and advocating on behalf of survivors of domestic violence in ghana’, women’s studies international forum, 94.july (2022), 102620 https://doi.org/10.1016/j.wsif.2022.102620 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.wsif.2020.102402 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.25 https://doi.org/10.53955/jhcls.v2i1.31 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.27 https://doi.org/10.1016/j.wsif.2021.102507 https://doi.org/10.1016/j.wsif.2022.102620 104 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) legal protection for children and women victims of domestic violence (kdrt) through pranata rajo penghulu, consisting of multiple phases from beginning to end. the stage begins when someone is caught in the act of committing a customary violation (dapek salah) or when a party files a formal complaint with the head of the rt, pranata rajo penghulu, and others.21 the implementation of the traditional court ceremony mufakat pranata rajo penghulu consists of 34 stages, which are the process of resolving domestic violence (kdrt) against child and female victims through pranata rajo bengkulu in bengkulu city, namely legal protection for child and female victims of domestic violence. the way of deliberation and agreement of the pranata rajo penghulu.22 in addition, the pranata rajo penghulu deliberation agreement is called peace according to malay customary law in force in bengkulu city.23 philosophically, the central meaning of customary peace or customary peace is to restore the existence of disturbances in the physical and mental balance of life in communities governed by customary law, and to recreate the atmosphere of ordinary law community life, which is rich in kinship, intimacy, and friendship. in the meantime, the secondary meaning of customary peace is the fine itself, the size of which is proportional to the capacity of the guilty party.24 the resolution of domestic violence (kdrt) against children and women through the pranata rajo penghulu in bengkulu city described above is one of the models of legal protection with the method of resolving domestic violence outside the court. in reality, the resolution of domestic violence through consensus deliberation by pranata rajo penghulu can be effective and efficient because the decision of pranata rajo penghulu does not cause resentment from those who are considered guilty, the household remains intact, the settlement process is fast (does not take a long time like a court judge), the settlement process is more practical and less complicated, and the decision of the pranata rajo penghulu can be directly implemented (executed) by the household.25 initially, these malay customary law norms were created, developed, maintained, and given customary sanctions for violators by the malays. this 21 takako tsujimura-ito, ‘state of damage to and support for victims of motor vehicle accidents in japan’, iatss research, 43.2 (2019), 97–107 https://doi.org/10.1016/j.iatssr.2019.06.001 22 sandra barinda and dumilah ayuningtyas, ‘assessing the food control system in indonesia: a conceptual framework’, food control, 134 (2022), 108687 https://doi.org/10.1016/j.foodcont.2021.108687 23 christiaan röell and others, ‘managing socio-political risk at the subnational level: lessons from mne subsidiaries in indonesia’, journal of world business, 57.3 (2022) https://doi.org/10.1016/j.jwb.2022.101312 24 masri sembiring maha and others, ‘outcome and extent of disability following japanese encephalitis in indonesian children’, international journal of infectious diseases, 13.6 (2009), 389–93 https://doi.org/10.1016/j.ijid.2009.01.009 25 herry purnomo and others, ‘a political-economy model to reduce fire and improve livelihoods in indonesia’s lowlands’, forest policy and economics, 130 (2021), 102533 https://doi.org/10.1016/j.forpol.2021.102533 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.iatssr.2019.06.001 https://doi.org/10.1016/j.foodcont.2021.108687 https://doi.org/10.1016/j.jwb.2022.101312 https://doi.org/10.1016/j.ijid.2009.01.009 https://doi.org/10.1016/j.forpol.2021.102533 issn 2807-2812 journal of human rights, culture and legal system 105 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) follows the theory of sally falk moore. they argue that methodically, the malay indigenous peoples in bengkulu city, which will be studied, can be viewed as a limited social arena (semi-autonomous social field).26 this limited social arena can impose a rule, coercion, or sanction on the people interacting. in addition, this limited social arena exists at the same time within a broader social matrix framework. it can influence and dominate it, sometimes inviting people of their free will to enter the social arena.27 the limited social arena theory is used because it examines the malay indigenous peoples in bengkulu city, whose autonomy is recognized and limited to interacting with each other.28 from that interaction, the rules they created were maintained in force and used as behavioral guidelines by every malay traditional citizen in social life. it aims to maintain resilience, order, peace, and justice. the resolution of domestic violence against children and women through the pranata rajo penghulu in bengkulu city will reveal the actual applicable malay customary law norms and the historical context of legal conduct.29 in actual malay customary law communities in bengkulu city, the straightforward case method is also utilized. according to holleman, non-dispute cases indicate that general practices that are broad and cover a variety of fields can, of course, be observed as special instances of voluntarily obeying the law, providing numerous concrete examples even though the type is the norm. not a dispute. if properly documented, these uncontested cases are invaluable units of analysis that reveal the relevant principles and regularities as well as the degree of legal tolerance for deviation from lawful conduct.30 according to customary law, non-dispute cases involve normal activities, which serve as a normative reference point for evaluating the expected behavior of the community. by paying adequate attention to these non-disputed cases, specific guidelines and instructions are obtained in order to discover the causes of spontaneous, automatic submission to customary law norms (spontaneous, automatic submission to adat) on social life. the norms of malay customary law 26 cristina georgiana safta and others, ‘counseling and assistance for women victims of domestic violence in romania case study’, procedia social and behavioral sciences, 5 (2010), 2034– 41 https://doi.org/10.1016/j.sbspro.2010.07.409 27 subramaniam jeevasuthan and zulkarnain ahmad hatta, ‘behavioural problems of children exposed to domestic violence in rural villages: a micro social work inquiry in piranpattru village at chankanai divisional secretariat, jaffna, sri lanka’, procedia social and behavioral sciences, 91 (2013), 201–7 https://doi.org/10.1016/j.sbspro.2013.08.418 28 ferry fathurokhman, ‘the necessity of restorative justice on juvenile delinquency in indonesia, lessons learned from the raju and aal cases’, procedia environmental sciences, 17 (2013), 967–75 https://doi.org/10.1016/j.proenv.2013.02.115 29 yati afiyanti and others, ‘unmet supportive care needs survey among male partners of gynecological cancer survivors in indonesia’, asia-pacific journal of oncology nursing, 8.6 (2021), 662–69 https://doi.org/10.4103/apjon.apjon-2113 30 khaerul umam noer, siti chadijah, and endang rudiatin, ‘there is no trustable data: the state and data accuracy of violence against women in indonesia’, heliyon, 7.12 (2021), e08552 https://doi.org/10.1016/j.heliyon.2021.e08552 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2010.07.409 https://doi.org/10.1016/j.sbspro.2013.08.418 https://doi.org/10.1016/j.proenv.2013.02.115 https://doi.org/10.4103/apjon.apjon-2113 https://doi.org/10.1016/j.heliyon.2021.e08552 106 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) that apply in bengkulu city have been codified in the bengkulu city regional regulation (perda) no. 29 of 2003 concerning the enforcement of bengkulu city customs; this further ensures the existence of legal certainty for the implementation of malay customary law norms.31 the legal system in force in the unitary state of the republic of indonesia (nkri) is based on the legal philosophy known as positivism, the law is identical to the legislation (law), which has a written form and is made by an institution with the authority and power to make laws (legism).32 in addition, the criminal law system is strengthened by its adherence to the legality principle, which states that an act that is considered a crime or a criminal act must have precedent laws and regulations. so that cases of domestic violence against children and women can be subject to criminal sanctions or can also be settled out of court through the pranata rajo penghulu based on policy (discretion), the perpetrators of domestic violence are still children (diversion), or the existence of the crime is estimated to have caused a loss of less than rp. 2.500.000,-, which is already regulated by the existing laws and regulations.33 traditional functionaries consisting of the traditional penghulu, cerdik cendikio, and the syarak penghulu administer the rajo penghulu institution. these traditional functionaries can be found in every kelurahan in the city of bengkulu. whenever there is a dispute between community members, the two traditional leaders will examine and consider all aspects of life in order to determine a solution that is acceptable to all parties involved. in dispute resolution, the decision of the customary chief (tuai adat) is binding because it is based on the values contained in the culture, customs, and is in accordance with the mind and spirit of the indigenous people of the area. disputed indigenous populations typically do not have the courage to disregard their customary harvest decisions.34 the traditional functionaries of pranata rajo penghulu in resolving disputes through customary peace sometimes fail, cannot apply optimally, do not apply effectively and efficiently, give perpetrators a sense of vengeance, and perpetrators are not present at the customary peace trial ceremony. according to the research team's analysis, this failure occurred because the traditional 31 siti nurbayani, moh dede, and millary agung widiawaty, ‘utilizing library repository for sexual harassment study in indonesia: a systematic literature review’, heliyon, 8.8 (2022), e10194 https://doi.org/10.1016/j.heliyon.2022.e10194 32 ali maksum, ‘indonesian post-migrant workers: a challenging problem for human security’, social sciences & humanities open, 4.1 (2021), 100223 https://doi.org/10.1016/j.ssaho.2021.100223 33 debora de souza santos and others, ‘domestic violence against women during the covid-19 pandemic: a scoping review’, forensic science international: reports, 5.november 2021 (2022) https://doi.org/10.1016/j.fsir.2022.100276 34 moh iqra, syabani korompot, and al-fatih david, ‘the principle of equality before the law in indonesian corruption case : is it relevant ?’, journal of human rights, culture and legal system, 1.3 (2021), 135–46. https://doi.org/10.53955/jhcls.v1i3.13 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2022.e10194 https://doi.org/10.1016/j.ssaho.2021.100223 https://doi.org/10.1016/j.fsir.2022.100276 https://doi.org/10.53955/jhcls.v1i3.13 issn 2807-2812 journal of human rights, culture and legal system 107 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) functionaries of pranata rajo penghulu had not mastered negotiation and mediation theory and practice.35 negotiation is a tradition of out-of-court dispute resolution (adr), the disputing parties are the decision-makers, and the dispute resolution is only approved by the disputing parties without a third party's involvement. in this phase of negotiations, the disputing parties attempt to persuade one another. they did not attempt to resolve disagreements based on preexisting rules, but instead drafted new rules to govern their relationship. thus, negotiation is an exclusive method of resolving disputes between two parties.36 this customary peace is a dispute resolution alternative based on mediation. a mediator is a third party who intervenes in a dispute resolution in order to assist the disputing parties in reaching an agreement. in this situation, regardless of whether the disputing parties request the assistance of the mediator appointed by the other party in power, the disputing parties agree to such intervention.37 both disputing parties must agree to utilize the services of a mediator to reach a resolution. there may be individuals in the paguyuban community who serve as mediators, arbitrators, and judges (such as traditional leaders in the community in bengkulu city). this mediator does not make a decision, but acts as a peacemaker (facilitator) to help the disputing parties reach an agreement. there are no winners or losers in this mediation (win-win resolution).38 the mediation according to positive law, such as supreme court regulation no. 2 of 2003 concerning mediation procedures in court, the preamble states that reducing the accumulation of cases is one way to resolve cases more quickly and affordably, in accordance with article 130 hir and/or article 153 rbg. the legal basis for this recommendation is supreme court regulation number 2 of 2012 concerning settlement of minor crime limits (tipiring) and the amount of fines in the criminal code. in addition, it is recommended that the settlement of criminal cases whose losses are estimated to be below rp. 2,500,000, be settled outside of court through mediation (kuhp).39 35 resti dian and suviwat jenvitchuwong, ‘implementation of halal product assurance in the pharmaceutical sector in indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 164–79 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.19 36 rian saputra and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022), 1–13 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.21 37 ahmad siboy and others, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.23 38 nurfaika ishak, romalina ranaivo, and mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.24 39 femmy silaswaty faried, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 https://www.jhcls.org/index.php/jhcls https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.19 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.21 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.23 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.53955/jhcls.v2i1.31 108 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) 4. conclusion the process of legal protection for children and women victims of domestic violence (kdrt) through pranata rajo penghulu in bengkulu city, namely, there are 34 stages of settlement through deliberation and consensus of pranata rajo penghulu, this is also called peace according to customary malay law in force in bengkulu city. philosophically, customary peace or customary peace has the central meaning (primary), which is to restore the existence of disturbances in the balance of life in customary law communities both physically and mentally, to recreate the atmosphere of ordinary law community life which is full of kinship, intimacy, friendship, and please help. meanwhile, the secondary meaning of customary peace is the customary fine itself, the size of which is adjusted to the capacity of the party deemed guilty. references afiyanti, yati, dewi gayatri, besral besral, haryani haryani, and dyah juliastuti, ‘unmet supportive care needs survey among male partners of gynecological cancer survivors in indonesia’, asia-pacific journal of oncology nursing, 8.6 (2021), 662–69 https://doi.org/10.4103/apjon.apjon-2113 arifiani, sandra dewi, sri andini handayani, monique baumont, cyril bennouna, and santi kusumaningrum, ‘assessing large-scale violence against children surveys in selected southeast asian countries: a scoping review’, child abuse and neglect, 93.december 2018 (2019), 149–61 https://doi.org/10.1016/j.chiabu.2019.05.005 barinda, sandra, and dumilah ayuningtyas, ‘assessing the food control system in indonesia: a conceptual framework’, food control, 134 (2022), 108687 https://doi.org/10.1016/j.foodcont.2021.108687 dian, resti, and suviwat jenvitchuwong, ‘implementation of halal product assurance in the pharmaceutical sector in indonesia’, journal of human rights, culture and legal system, 1.3 (2021), 164–79 https://doi.org/https://doi.org/10.53955/jhcls.v1i3.19 erskine, holly e., sarah j. blondell, meaghan e. enright, jamileh shadid, yohannes dibaba wado, frederick murunga wekesah, and others, ‘measuring the prevalence of mental disorders in adolescents in kenya, indonesia, and vietnam: study protocol for the national adolescent mental health surveys’, journal of adolescent health, 2021, 1–8 https://doi.org/10.1016/j.jadohealth.2021.05.012 fathurokhman, ferry, ‘the necessity of restorative justice on juvenile https://www.jhcls.org/index.php/jhcls https://doi.org/10.4103/apjon.apjon-2113 https://doi.org/10.1016/j.chiabu.2019.05.005 https://doi.org/10.1016/j.foodcont.2021.108687 https://doi.org/https:/doi.org/10.53955/jhcls.v1i3.19 https://doi.org/10.1016/j.jadohealth.2021.05.012 issn 2807-2812 journal of human rights, culture and legal system 109 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) delinquency in indonesia, lessons learned from the raju and aal cases’, procedia environmental sciences, 17 (2013), 967–75 https://doi.org/10.1016/j.proenv.2013.02.115 firdaus, sunny ummul, ‘the urgency of legal regulations existence in case of covid-19 vaccination refusal in indonesia’, journal of forensic and legal medicine, 91.october 2021 (2022), 102401 https://doi.org/10.1016/j.jflm.2022.102401 la fors, dr karolina, ‘legal remedies for a forgiving society: children’s rights, data protection rights and the value of forgiveness in ai-mediated risk profiling of children by dutch authorities’, computer law and security review, 38 (2020), 105430 https://doi.org/10.1016/j.clsr.2020.105430 fouché, ansie, daniël f. fouché, and linda c. theron, ‘child protection and resilience in the face of covid-19 in south africa: a rapid review of c-19 legislation’, child abuse and neglect, 110.august (2020) https://doi.org/10.1016/j.chiabu.2020.104710 iqra, moh, syabani korompot, and al-fatih david, ‘the principle of equality before the law in indonesian corruption case : is it relevant ?’, journal of human rights, culture and legal system, 1.3 (2021), 135–46 https://doi.org/10.53955/jhcls.v1i3.13 ishak, nurfaika, romalina ranaivo, and mikea manitra, ‘constitutional religious tolerance in realizing the protection of human rights in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 31–44 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.24 jeevasuthan, subramaniam, and zulkarnain ahmad hatta, ‘behavioural problems of children exposed to domestic violence in rural villages: a micro social work inquiry in piranpattru village at chankanai divisional secretariat, jaffna, sri lanka’, procedia social and behavioral sciences, 91 (2013), 201–7 https://doi.org/10.1016/j.sbspro.2013.08.418 joleby, malin, carolina lunde, sara landström, and linda s. jonsson, ‘offender strategies for engaging children in online sexual activity’, child abuse and neglect, 120.july (2021) https://doi.org/10.1016/j.chiabu.2021.105214 kalra, sadhvi, and devin k. joshi, ‘gender and parliamentary representation in india: the case of violence against women and children’, women’s studies international forum, 82.july (2020), 102402 https://doi.org/10.1016/j.wsif.2020.102402 maha, masri sembiring, vanda a. moniaga, susan l. hills, anton widjaya, agus sasmito, renny hariati, and others, ‘outcome and extent of disability following japanese encephalitis in indonesian children’, international journal of infectious diseases, 13.6 (2009), 389–93 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.proenv.2013.02.115 https://doi.org/10.1016/j.jflm.2022.102401 https://doi.org/10.1016/j.clsr.2020.105430 https://doi.org/10.1016/j.chiabu.2020.104710 https://doi.org/10.53955/jhcls.v1i3.13 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.24 https://doi.org/10.1016/j.sbspro.2013.08.418 https://doi.org/10.1016/j.chiabu.2021.105214 https://doi.org/10.1016/j.wsif.2020.102402 110 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) https://doi.org/10.1016/j.ijid.2009.01.009 maksum, ali, ‘indonesian post-migrant workers: a challenging problem for human security’, social sciences & humanities open, 4.1 (2021), 100223 https://doi.org/10.1016/j.ssaho.2021.100223 mathews, ben, ‘a taxonomy of duties to report child sexual abuse: legal developments offer new ways to facilitate disclosure’, child abuse and neglect, 88.december 2018 (2019), 337–47 https://doi.org/10.1016/j.chiabu.2018.12.003 mittal, shalini, tushar singh, and sunil k. verma, ‘exploring the trauma of acid attack victims: a qualitative enquiry’, women’s studies international forum, 88.july (2021), 102507 https://doi.org/10.1016/j.wsif.2021.102507 nakamura, julia, ratana chuenpagdee, and mostafa el halimi, ‘unpacking legal and policy frameworks: a step ahead for implementing the small-scale fisheries guidelines’, marine policy, 129 (2021), 104568 https://doi.org/10.1016/j.marpol.2021.104568 noer, khaerul umam, siti chadijah, and endang rudiatin, ‘there is no trustable data: the state and data accuracy of violence against women in indonesia’, heliyon, 7.12 (2021), e08552 https://doi.org/10.1016/j.heliyon.2021.e08552 nurbayani, siti, moh dede, and millary agung widiawaty, ‘utilizing library repository for sexual harassment study in indonesia: a systematic literature review’, heliyon, 8.8 (2022), e10194 https://doi.org/10.1016/j.heliyon.2022.e10194 pedroso, márcia r.o., and franciéle m.c. leite, ‘physical violence against children in espírito santo, brazil: prevalence and associated factors’, jornal de pediatria, 000.xxx (2022) https://doi.org/10.1016/j.jped.2022.07.009 purnomo, herry, sonya d. kusumadewi, qori p. ilham, dyah puspitaloka, durrah hayati, made sanjaya, and others, ‘a political-economy model to reduce fire and improve livelihoods in indonesia’s lowlands’, forest policy and economics, 130 (2021), 102533 https://doi.org/10.1016/j.forpol.2021.102533 rahiem, maila d.h., ‘covid-19 and the surge of child marriages: a phenomenon in nusa tenggara barat, indonesia’, child abuse and neglect, 118.95 (2021), 105168 https://doi.org/10.1016/j.chiabu.2021.105168 röell, christiaan, ellis osabutey, peter rodgers, felix arndt, zaheer khan, and shlomo tarba, ‘managing socio-political risk at the subnational level: lessons from mne subsidiaries in indonesia’, journal of world business, 57.3 (2022) https://doi.org/10.1016/j.jwb.2022.101312 safta, cristina georgiana, emil stan, corina iurea, and mihaela suditu, https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.ijid.2009.01.009 https://doi.org/10.1016/j.ssaho.2021.100223 https://doi.org/10.1016/j.chiabu.2018.12.003 https://doi.org/10.1016/j.wsif.2021.102507 https://doi.org/10.1016/j.marpol.2021.104568 https://doi.org/10.1016/j.heliyon.2021.e08552 https://doi.org/10.1016/j.heliyon.2022.e10194 https://doi.org/10.1016/j.jped.2022.07.009 https://doi.org/10.1016/j.forpol.2021.102533 https://doi.org/10.1016/j.chiabu.2021.105168 https://doi.org/10.1016/j.jwb.2022.101312 issn 2807-2812 journal of human rights, culture and legal system 111 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) ‘counseling and assistance for women victims of domestic violence in romania case study’, procedia social and behavioral sciences, 5 (2010), 2034– 41 https://doi.org/10.1016/j.sbspro.2010.07.409 saputra, rian, and silaas oghenemaro emovwodo, ‘indonesia as legal welfare state : the policy of indonesian national economic law’, journal of human rights, culture and legal system, 2.1 (2022), 1–13 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.21 sen, robin, kate morris, gale burford, brid featherstone, and calum webb, ‘“when you’re sitting in the room with two people one of whom… has bashed the hell out of the other”: possibilities and challenges in the use of fgcs and restorative approaches following domestic violence’, children and youth services review, 88.march (2018), 441–49 https://doi.org/10.1016/j.childyouth.2018.03.027 siboy, ahmad, al-fatih virga, dwi efendi, and putri hidayah, ‘the effectiveness of administrative efforts in reducing state administration disputes’, journal of human rights, culture and legal system, 2.1 (2022), 14–30 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.23 silaswaty faried, femmy, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 simó-soler, elisa, and eloy peña-asensio, ‘from impact refugees to deterritorialized states: foresighting extreme legal-policy cases in asteroid impact scenarios’, acta astronautica, 192.december 2021 (2022), 402–8 https://doi.org/10.1016/j.actaastro.2021.12.015 de souza santos, debora, eloisa auler bittencourt, andréa cristina de moraes malinverni, juliany barreto kisberi, sabrina de frança vilaça, and edna sadayo miazato iwamura, ‘domestic violence against women during the covid-19 pandemic: a scoping review’, forensic science international: reports, 5.november 2021 (2022) https://doi.org/10.1016/j.fsir.2022.100276 toft, julie, arne kristian myhre, yi qian sun, tiril willumsen, and anne rønneberg, ‘oral health history in children referred to a child advocacy center in norway’, child abuse and neglect, 132.july (2022) https://doi.org/10.1016/j.chiabu.2022.105789 tsujimura-ito, takako, ‘state of damage to and support for victims of motor vehicle accidents in japan’, iatss research, 43.2 (2019), 97–107 https://doi.org/10.1016/j.iatssr.2019.06.001 valencia londoño, paula andrea, martha elisa nateras gonzález, constanza https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.sbspro.2010.07.409 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.21 https://doi.org/10.1016/j.childyouth.2018.03.027 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.23 https://doi.org/10.53955/jhcls.v2i1.31 https://doi.org/10.1016/j.actaastro.2021.12.015 https://doi.org/10.1016/j.fsir.2022.100276 https://doi.org/10.1016/j.chiabu.2022.105789 https://doi.org/10.1016/j.iatssr.2019.06.001 112 journal of human rights, culture and legal system issn 2807-2812 vol. 2, no. 2, july 2022, pp. 100-112 andry harijanto, et.al (the model of legal protection …) bruno solera, and phoenix storm paz, ‘the exacerbation of violence against women as a form of discrimination in the period of the covid-19 pandemic’, heliyon, 7.3 (2021) https://doi.org/10.1016/j.heliyon.2021.e06491 yakubu, andala, and soma chaudhuri, ‘potential opportunities and challenging realities: organizations’ experiences while accessing resources and advocating on behalf of survivors of domestic violence in ghana’, women’s studies international forum, 94.july (2022), 102620 https://doi.org/10.1016/j.wsif.2022.102620 tri hartini, ‘legal policy of protection covid-19 patients in hospitals’, journal of human rights, culture and legal system, 2.1 (2022), 45–57 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.25 femmy silaswaty faried, hadi mahmud, and suparwi suparwi, ‘mainstreaming restorative justice in termination of prosecution in indonesia’, journal of human rights, culture and legal system, 2.1 (2022), 66–77 https://doi.org/10.53955/jhcls.v2i1.31 muhammad ridwansyah and asron orsantinutsakul, ‘the strengthening of guardian institutions in nanggroe aceh during the autonomy era’, journal of human rights, culture and legal system vol., 2.1 (2022), 55–65 https://doi.org/https://doi.org/10.53955/jhcls.v2i1.27 https://www.jhcls.org/index.php/jhcls https://doi.org/10.1016/j.heliyon.2021.e06491 https://doi.org/10.1016/j.wsif.2022.102620 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.25 https://doi.org/10.53955/jhcls.v2i1.31 https://doi.org/https:/doi.org/10.53955/jhcls.v2i1.27