Contractus

Resolving Asset Ownership Disputes between the Indonesian National Armed Forces and Civil Society

2026-07-31T15:35:49+07:00

This study aims to analyze the legal status of assets controlled by the Indonesian National Armed Forces (TNI), identify factors causing ownership and control disputes with civil society, and evaluate the effectiveness of applicable laws and regulations in resolving these issues. This research adopts a literature review method with normative juridical and socio legal approaches. Data were collected through examination of primary legal materials, secondary legal materials, official documents, institutional reports, and various relevant scientific publications. The results show that normatively, a clear legal framework is already in place, affirming that all TNI assets are state owned property administered under the right of administration for defence and security purposes. In practice, however, disputes frequently arise due to incomplete administrative documentation, changes in spatial functions, differing legal perceptions, and normative inconsistencies across regulations. Available dispute resolution mechanisms, both non litigious and litigious, have been implemented in accordance with the principles of justice and legal certainty, yet require reinforcement through data synchronization, regulatory improvement, and enhanced inter agency coordination. This study concludes that optimal resolution demands a comprehensive approach that balances state interests with the protection of legitimate community rights.

Legal Certainty and Risk Allocation in Cross Border Investment Contracts

2026-07-31T15:35:51+07:00

Cross border investment contracts play a central role in facilitating international business by providing the legal framework through which investors and host states or private parties allocate commercial, political, and regulatory risks. However, differences in national legal systems, evolving regulatory policies, and jurisdictional complexities often create uncertainty that may undermine contractual stability and investment confidence. Legal certainty is therefore a fundamental prerequisite for the effectiveness of cross-border investment agreements, as it enables parties to predict legal consequences, enforce contractual obligations, and manage potential risks arising throughout the investment relationship. This study examines the relationship between legal certainty and risk allocation in cross-border investment contracts and evaluates how contractual mechanisms contribute to balancing the interests of contracting parties within diverse legal jurisdictions. Employing a normative legal research method through statutory, comparative, and conceptual approaches, the study analyzes international investment principles, domestic investment legislation, and legal doctrines concerning contractual risk allocation, party autonomy, and dispute resolution. The findings demonstrate that legal certainty is achieved not only through comprehensive contractual provisions but also through predictable legal frameworks, effective dispute resolution mechanisms, and consistent judicial interpretation. Furthermore, appropriately allocating political, commercial, financial, and regulatory risks enhances contractual stability while reducing the likelihood of cross-border disputes. The study concludes that integrating clear risk allocation clauses with coherent legal and institutional safeguards is essential to strengthening investor confidence, promoting sustainable cross-border investment, and ensuring the effective enforcement of international investment contracts.

Legal Protection for Investors in Public-Private Partnership Agreements

2026-07-31T15:35:54+07:00

Public Private Partnership (PPP) agreements have become an important legal instrument for financing and delivering public infrastructure by combining public sector objectives with private sector investment and expertise. Despite their economic significance, PPP projects expose investors to various legal, political, financial, and regulatory risks that may undermine investment certainty and project sustainability. Effective legal protection is therefore essential to ensure investor confidence while preserving the government's authority to regulate in the public interest. This study examines the legal mechanisms that protect investors in Public Private Partnership agreements and evaluates their role in promoting legal certainty and balanced contractual relationships. Employing a normative legal research method through statutory, comparative, and conceptual approaches, the study analyzes legislation governing public-private partnerships, investment law, contract law, and relevant international legal principles concerning investor protection and dispute resolution. The findings demonstrate that investor protection extends beyond contractual guarantees and depends on transparent regulatory frameworks, equitable risk allocation, effective dispute resolution mechanisms, and consistent enforcement of contractual obligations. The study concludes that a balanced legal framework, integrating contractual autonomy with regulatory accountability and institutional certainty, is fundamental to strengthening investor confidence, encouraging sustainable infrastructure development, and ensuring the long-term success of Public Private Partnership projects.

The Death Penalty under Indonesia’s Criminal Procedure Code: Procedural Justice and Legal Certainty

2026-07-31T15:35:55+07:00

The death penalty remains one of the most controversial sanctions in criminal justice because its irreversible nature demands the highest standards of procedural fairness and legal certainty. In Indonesia, capital punishment continues to be recognized under Law No. 1 of 2023 on the Criminal Code, while its implementation is governed by the Criminal Procedure Code, which establishes procedural safeguards intended to protect the constitutional rights of defendants throughout criminal proceedings. This study examines whether Indonesia's procedural framework provides adequate legal protection to ensure fairness and legal certainty in death penalty cases. Employing a normative legal research method through statutory, conceptual, and case approaches, the study analyzes constitutional provisions, criminal procedure legislation, judicial decisions, and legal doctrines concerning due process, procedural justice, and legal certainty. The findings indicate that although the Criminal Procedure Code guarantees fundamental procedural rightsn including legal representation, judicial review, and appellate remedies the effectiveness of these safeguards depends largely on their consistent implementation and judicial interpretation. Procedural justice cannot be achieved solely through formal compliance with statutory requirements but requires transparent evidentiary standards, independent judicial oversight, and effective protection of defendants' constitutional rights throughout the criminal process. The study concludes that strengthening procedural safeguards and ensuring consistent application of due process principles are essential to enhancing legal certainty, preventing irreversible judicial error, and reinforcing the legitimacy of capital punishment within Indonesia's criminal justice system.

Balancing Freedom of Contract and Consumer Protection in Digital Markets

2026-07-31T15:35:57+07:00

The rapid expansion of digital markets has transformed contractual relationships between businesses and consumers, creating new challenges for the application of the traditional principle of freedom of contract. While digital platforms rely extensively on standardized online agreements to facilitate efficient transactions, the widespread use of nonnegotiable terms, algorithm driven services, and extensive data collection has raised concerns regarding contractual fairness, transparency, and the adequacy of consumer protection. As a result, legal systems increasingly face the challenge of balancing contractual autonomy with the need to safeguard consumers from unfair contractual practices in the digital economy. This study examines the relationship between freedom of contract and consumer protection in digital markets by analyzing how contemporary legal frameworks seek to reconcile party autonomy with substantive fairness in digital transactions. Employing a normative legal research method through statutory, comparative, and conceptual approaches, the study analyzes consumer protection legislation, contract law principles, digital commerce regulations, and relevant legal doctrines governing electronic contracts and digital platforms. The findings demonstrate that freedom of contract remains a fundamental principle of private law but is no longer absolute in digital markets, where information asymmetry, unequal bargaining power, and platform dominance justify greater regulatory intervention. The study concludes that achieving an appropriate balance between contractual freedom and consumer protection requires transparent contractual practices, effective regulatory oversight, and adaptive legal frameworks capable of responding to the evolving nature of digital commerce while preserving legal certainty and commercial innovation.