Indonesian Journal of Law and Economics Review

Manufacturers' Liability for Skincare Product Safety Violations in the Context of Law No. 8 of 1999

Nailah Ariqah, Amad Sudiro — Tue, 02 Dec 2025 00:00:00 +0000

General Background: The rapid growth of Indonesia’s skincare industry has increased consumer dependence on cosmetic products, while the circulation of hazardous and non-compliant items continues to rise. Specific Background: Despite regulatory controls under Law Number 8 of 1999 on Consumer Protection, many producers still disregard safety standards, leading to health risks and information asymmetry. Knowledge Gap: Existing studies seldom integrate legal doctrine, regulatory mechanisms, and practical enforcement challenges in analyzing producers’ liability for unsafe skincare products. Aim: This study examines the scope of legal liability borne by skincare producers for product safety violations under the Consumer Protection Law. Results: Findings show that the law imposes strict obligations on producers to ensure product safety, provide accurate information, and comply with BPOM standards; violations may trigger civil compensation, administrative sanctions, or criminal penalties. Novelty: This research systematically synthesizes strict liability, product liability, and preventive legal duties within the context of Indonesia’s contemporary skincare market, highlighting gaps between normative mandates and real-market practices. Implications: Strengthening regulatory enforcement, transparency, and consumer awareness is crucial for achieving a fair, ethical, and accountable skincare industry.

Highlights:

Highlights producers’ strict liability for ensuring skincare product safety.
Outlines civil, criminal, and administrative sanctions for safety violations.
Emphasizes the gap between legal regulations and real-world industry practices.

Keywords: Legal Liability, Skincare Producers, Product Safety, Consumer Protection, Strict Liability

Investigation Mechanism to Obtain Information from Suspects Allegedly Committing Criminal Acts

Rheihan Nurrizki Romlih, Boedi Prasetyo — Tue, 02 Dec 2025 00:00:00 +0000

General background of this study lies in the central role of investigation as a crucial stage in the Indonesian criminal justice process, where investigators are responsible for collecting evidence and obtaining suspect statements under KUHAP. Specific background concerns recurring procedural deviations in practice, including coercive interrogation, absence of legal counsel, and improper documentation, which undermine due process and violate constitutional protections. Knowledge gap emerges from limited scholarly analysis that systematically connects the normative framework of KUHAP with its practical implementation in suspect examinations. This study aims to examine the investigation mechanisms for obtaining suspect statements while prioritizing legal protection, based on a normative legal research method analyzing statutory rules and legal doctrine. Results show that although KUHAP clearly regulates summons procedures, notification of rights, voluntary statements, prohibition of coercion, and standardized documentation through BAP, significant discrepancies remain in field practices. Novelty of this research lies in offering an integrated assessment of normative provisions, operational challenges, and concrete procedural reforms, particularly mandatory audio-visual recording and strengthened oversight. Implications highlight the urgency of improving investigator professionalism and ensuring transparent, accountable investigations to safeguard suspect rights and preserve the integrity of the criminal justice system.

Highlights:

Clear KUHAP procedures often differ from actual investigative practices.
Suspect statements must be obtained voluntarily without coercion.
Strong oversight and audio-visual recording are essential for accountable investigations.

Keywords: Investigation, Suspect Rights, KUHAP, Legal Protection, Criminal Procedure

Analysis of Unilateral Termination of Employment Without the Establishment of an Industrial Relations Dispute Resolution Institution in a Force Majeure Situation (Study of Supreme Court Decision Number 374 K/Pdt.Sus-PHI/2023)

Muhammad Restu Arrasyiid, Rasji Rasji — Wed, 03 Dec 2025 00:00:00 +0000

General background: Termination of employment (PHK) in Indonesian labor law requires strict procedural safeguards to protect workers. Specific background: The rise of unilateral PHK during the COVID-19 pandemic, often justified as force majeure, created tensions between substantive justification and mandatory procedural requirements. Knowledge gap: Despite existing regulations, ambiguity persists regarding the legal definition, evidentiary standards, and interaction between force majeure provisions in Article 164(1) and the imperative procedural requirements of Article 151(3). Aims: This study analyzes the legal framework governing PHK due to force majeure and evaluates the validity of termination without formal determination by industrial relations dispute-resolution bodies, focusing on Supreme Court Decision No. 374 K/Pdt.Sus-PHI/2023. Results: Findings show that force majeure lacks a clear legal definition, enabling inconsistent interpretation; the Supreme Court affirmed that termination without procedural determination is null and void, yet still applied reduced compensation under Article 164(1), creating normative inconsistency and insufficient deterrence for employers. Novelty: This research identifies the dual inconsistency between procedural imperatives and substantive relief for employers, proposing a reconstructed normative framework. Implications: Clear statutory definitions, stricter evidentiary standards, and alignment between procedural compliance and compensation rules are required to strengthen worker protection and prevent misuse of force majeure claims.

Highlights:

Termination of employment without a determination from the industrial dispute settlement body is null and void pursuant to Article 151(3).
Force majeure is recognized but lacks a clear legal definition and standardized evidentiary requirements.
Supreme Court Decision 374/2023 reveals an inconsistency between procedural violations and the reduced compensation granted.

Keywords: Force Majeure, Employment Termination, Industrial Relations, Legal Procedure, Worker Protection

Legal Review of the Mechanism of Commission III of the House of Representatives of the Republic of Indonesia in Resolving Public Complaints

Poppy Primadana Top Gea, Rasji Rasji — Wed, 03 Dec 2025 00:00:00 +0000

General Background: Komisi III DPR RI holds a strategic supervisory role in Indonesia’s legal governance, particularly in ensuring accountability and justice within law-enforcement institutions. Specific Background: The increasing volume of public complaints indicates growing public reliance on legislative oversight to address perceived injustices, procedural irregularities, and allegations of abuse of authority in the criminal justice system. Knowledge Gap: Despite its significance, the mechanism for processing complaints in Komisi III lacks standardized procedures and remains underexplored in academic legal studies, especially regarding its conformity with constitutional principles and good governance. Aims: This study aims to analyze the legal basis, implementation, and limitations of Komisi III’s complaint-handling mechanism, as well as identify structural and normative barriers that affect its effectiveness. Results: The findings show that complaints are handled through stages of submission, verification, hearings, and recommendations, yet face obstacles such as unclear boundaries of authority, absence of SOPs, bureaucratic constraints, political intervention, and weak inter-institutional coordination. Novelty: This research provides a comprehensive normative-juridical assessment integrating legal doctrine with practical institutional dynamics. Implications: Strengthening procedural clarity, transparency, and technology-based administration is essential to enhance Komisi III’s constitutional role in ensuring accountable, responsive, and rights-oriented law enforcement in Indonesia.

Highlights:

Komisi III’s complaint mechanism lacks standardized SOPs, creating inconsistencies.
Political dynamics and limited authority hinder effective follow-up of cases.
Strengthening transparency and digital systems is essential to improve public trust.

Keywords: Komisi III DPR RI, Public Complaints, Legislative Oversight, Legal Mechanism, Accountability

The Urgency of Policy Formulation in the Criminalization of Online Gambling

Sherryl Naomi Wong, Ade Adhari — Sun, 07 Dec 2025 00:00:00 +0000

The rapid advancement of digital technology has transformed traditional forms of crime into sophisticated cyber-based offenses, including online gambling, which has become increasingly prevalent in Indonesia. Specifically, the application of Article 303 of the Criminal Code—designed for conventional, physical gambling—proves inadequate for addressing the borderless, anonymous, and technologically complex nature of digital gambling. The knowledge gap lies in the absence of explicit legal provisions regulating online gambling, resulting in inconsistent interpretations, reliance on prohibited analogical reasoning, and weakened legal certainty. This study aims to analyze current punishment practices for online gambling and assess the urgency of reformulating criminal law policies that align with contemporary technological realities. The results reveal that enforcement often stretches Article 303 beyond its intended scope, violating the principle of legality and producing ineffective sanctions that fail to reflect the social and economic harms of digital gambling. The novelty of this research lies in its integrated evaluation of doctrinal deficiencies, judicial practices, and theoretical foundations of criminalization within Indonesia’s evolving cybercrime landscape. The implications underline the urgent need for explicit statutory regulation of online gambling to ensure legal certainty, enhance law-enforcement effectiveness, and strengthen societal protection in the digital era.

Highlights:

Online gambling grows rapidly while outdated laws fail to regulate digital mechanisms.
Applying Article 303 KUHP to cyber-based gambling often violates the legality principle.
Urgent legal reform is needed to ensure clarity, effectiveness, and proportional sanctions.

Keywords: Online Gambling, Criminal Policy, Legality Principle, Cybercrime Regulation, Legal Reform

Implications of Disparities in District Court and Supreme Court Decisions in Realizing Justice

Eins Mitchelle Tarnama, Boedi Prasetyo — Sun, 07 Dec 2025 00:00:00 +0000

The general background of this study lies in the central importance of judicial consistency in upholding legal certainty within Indonesia’s criminal justice system. The specific background concerns the contrasting outcomes in the Gregorius Ronald Tannur case, where the Surabaya District Court acquitted the defendant while the Supreme Court later imposed a prison sentence, revealing potential procedural irregularities and integrity issues within the judiciary. The knowledge gap emerges from the limited scholarly examination that systematically connects judicial disparity with its legal, institutional, and socio-justice implications. This study aims to analyze the disparity between Decision No. 454/Pid.B/2024/PN.Sby and Decision No. 1466/K/Pid/2024, and to evaluate its impact on public trust, legal certainty, and judicial accountability. The results show that differences in legal interpretation, assessment of evidence, procedural deviations, and external influences contribute significantly to the disparity, with substantial consequences for the perception of justice. The novelty of this research lies in offering an integrated normative–comparative analysis that links judicial reasoning, structural weaknesses, and ethical considerations within one evaluative framework. The implications emphasize the urgent need for strengthened judicial supervision, clearer sentencing guidelines, and systemic reforms to ensure fairness, transparency, and the restoration of public confidence in Indonesia’s legal system.

Highlights:

Highlights how differing court decisions undermine legal certainty and consistency.
Emphasizes the role of judicial integrity in maintaining public confidence.
Identifies the need for stronger oversight and clearer sentencing guidelines.

Keywords: Judicial Disparity, Legal Certainty, Judicial Integrity, Sentencing Inconsistency, Public Trust

Proof of Intent in Aiding and Abetting a Criminal Act in Medan District Court Decision Number 882/Pid.B/2024/PN Mdn

Reisa Arrifa, Ade Adhari — Mon, 08 Dec 2025 00:00:00 +0000

General Background: Accomplice liability under Article 56 of the Indonesian Criminal Code requires proof of intent, reflected in the accomplice’s knowledge and will to facilitate a crime. Specific Background: In Decision No. 882/Pid.B/2024/PN Mdn, the court concluded that intent in accomplice liability was not established, despite evidence showing the defendant knowingly created and transferred mobile banking accounts to a fraud perpetrator for financial gain. Knowledge Gap: Existing studies rarely examine inconsistencies between doctrinal constructions of intent and their judicial application in accomplice liability within fraud cases. Aims: This study analyzes how the element of intent in accomplice liability was assessed and whether the court’s reasoning aligns with criminal law doctrine. Results: Findings indicate that the defendant’s conduct demonstrates knowledge and purposeful assistance fulfilling the subjective elements of fraud under Article 378 KUHP and the intent requirement of Article 56 KUHP. Novelty: This study provides a doctrinal–case analysis showing that judicial misinterpretation of intent can blur the distinction between neutral acts and intentional facilitation. Implications: The results highlight the need for consistent judicial application of mens rea principles to maintain the integrity of criminal responsibility and prevent erroneous exclusions of accomplice liability.

Highlights:

The case reveals a doctrinal inconsistency in assessing intent for accomplice liability.
Evidence shows the defendant’s actions met the subjective elements of fraud.
Misinterpretation of mens rea risks weakening the boundaries of criminal responsibility.

Keywords: Accomplice Liability, Intent, Article 378 KUHP, Proof, Participation in Crime

A Critical Analysis of the Fulfillment of the Intent Element in the Dissemination of Private Content under the Electronic Information and Transactions Crime, Based on Decision No. 805/Pid.Sus.2024/PN.Jkt.Sel.

Halgi Sujuangon Jhansen Rambe, Ade Adhari — Mon, 08 Dec 2025 00:00:00 +0000

General Background: The rapid advancement of digital technology has increased legal challenges related to electronic information misuse, particularly within Indonesia’s Special Criminal Law governing Electronic Information and Transactions (EIT). Specific Background: Cases involving the dissemination of private content frequently raise questions regarding the fulfillment of intent or dolus as a requirement for criminal liability. Knowledge Gap: Judicial inconsistencies in assessing intent—especially in distinguishing intentional acts from negligence—indicate the need for deeper doctrinal analysis. Aims: This study critically examines the fulfillment of intent in the dissemination of private content under Article 27 ayat 1 jo. Article 45 ayat 1 of the EIT Law, based on Decision No. 805/Pid.Sus.2024/PN.Jkt.Sel. Results: The findings show that the court’s analysis relied on three key elements: actus reus, the absence of rights or consent, and mens rea reflected in the perpetrator’s awareness of wrongdoing, while also considering the defendant’s negligence or culpa. Novelty: This study exposes discrepancies between courtroom facts and judicial reasoning, revealing conceptual misalignment in applying intent within EIT cases. Implications: The research provides a clearer analytical framework for judges and legal practitioners to differentiate intentional wrongdoing from negligence in future EIT adjudications.

Highlights:

The study clarifies how intent is assessed in private-content dissemination cases under the EIT Law.
Findings show discrepancies between courtroom facts and the court’s interpretation of intent.
The research offers a clearer framework for distinguishing intent from negligence in future cases.

Keywords: Intent, Negligence, EIT Law, Private Content, Criminal Liability

Public View as an Aggravating Factor in Joint Violence According to Article 170 Paragraph (2) of the Criminal Code

Gilbert Purba, Rahaditya Rahaditya — Sun, 07 Dec 2025 00:00:00 +0000

General Background: Violence committed collectively poses broader social risks because it disrupts public order and triggers wider societal anxiety. Specific Background: In Indonesian criminal law, vis publica in Pasal 170 KUHP functions as a key qualifier distinguishing ordinary assault from public-order crimes, yet its judicial interpretation remains inconsistent. Knowledge Gap: Existing scholarship has not clarified how vis publica should operate as a basis for sentencing aggravation under Pasal 170 ayat (2) KUHP, nor how judges should evaluate its causal relevance to social disturbance. Aims: This study analyzes the juridical status of vis publica as a judicial consideration in imposing aggravated penalties for collective violence. Results: Findings show that vis publica acts as a legal threshold for classifying the offense as a public-order crime, but it only justifies aggravated sentencing when judges demonstrate its concrete contribution to expanding social harm. Novelty: This research formulates a structured reasoning model requiring judges to link public visibility with measurable disturbance before escalating punishment. Implications: Strengthening doctrinal clarity on vis publica supports proportional sentencing, enhances legal certainty, and improves consistency in judicial decision-making in collective-violence cases.

Highlights:

Vis publica is the legal threshold that transforms individual assault into a public-order crime.
Aggravated sentencing requires a proven causal link between public visibility and expanded social harm.
Judicial reasoning must be structured, proportional, and grounded in measurable disturbance.

Keywords: Vis Publica, Pasal 170 KUHP, Collective Violence, Sentencing Aggravation, Public Order.

The Principle of Judges in Determining the Validity of Grounds for Criminal Expungement in the Criminal Justice System in Indonesia

Mochammad Ridho Nasrullah, Rugun Romaida Hutabarat — Sun, 07 Dec 2025 00:00:00 +0000

General Background: Grounds for the exclusion of criminal liability serve as essential mechanisms within Indonesian criminal law to ensure that punishment is not imposed automatically when the elements of a crime are fulfilled, but instead aligned with substantive justice. Specific Background: Although Articles 48–51 of the Criminal Code regulate justifying and excusing grounds, judicial practice demonstrates variations in how judges assess their validity. Knowledge Gap: Limited scholarship has comprehensively explained the principles applied by judges in determining whether these grounds are legally acceptable, particularly in cases involving psychological conditions and proportionality assessments. Aims: This study aims to analyze the normative framework of grounds for criminal exemption and identify the principles guiding judicial evaluation. Results: The findings show that judges consistently apply the principles of proportionality, subsidiarity, and culpa in causa, while also assessing trial facts, the defendant’s mental state, and the balance between the threat faced and the defensive act. Novelty: This research highlights that judges also consider jurisprudence and customary law as extended bases for exemption beyond the Criminal Code. Implications: These findings underscore the need for consistent judicial guidelines to ensure that the application of grounds for criminal exemption remains aligned with the objectives of criminal law and the pursuit of substantive justice.

Highlights:

Judges apply proportionality, subsidiarity, and culpa in causa to assess criminal exemption.
Trial facts and the defendant’s psychological condition strongly influence judicial decisions.
Jurisprudence and customary law expand exemption grounds beyond the written Criminal Code.

Keywords: Criminal Exemption, Judicial Principles, Proportionality, Indonesian Criminal Code, Substantive Justice

The Legal Status of Gig Economy Workers in Indonesia's Digital Platform Industry (2022-2025)

Adi Pratomo Kusuma Wardhana, Rasji Rasji — Sun, 07 Dec 2025 00:00:00 +0000

General Background: The rapid expansion of Indonesia’s digital economy during 2022–2025 has intensified the reliance on gig-based labor across transportation, logistics, and on-demand services. Specific Background: Despite their substantial contribution, gig workers’ legal standing remains ambiguous because platform companies categorize them as “partners” while exercising algorithmic control resembling conventional employment. Knowledge Gap: Existing Indonesian labor regulations have not adapted to digital platform work, leaving uncertainty regarding worker rights, social protection, and dispute-resolution mechanisms. Aims: This study analyzes the legal status of gig workers in Indonesia’s platform industry and examines the legal problems arising from the absence of explicit regulatory recognition. Results: Findings show that gig workers fulfill substantive elements of employment—work, wage, and command—yet remain excluded from protections related to minimum income, social security, occupational safety, and industrial dispute settlement. Novelty: This research provides a comprehensive doctrinal analysis demonstrating that algorithmic management constitutes a form of digital subordination, positioning gig workers within disguised employment relationships under Indonesian labor law. Implications: Regulatory reform is urgently required to establish clear employment categories, ensure fair protection standards, and align national policy with global trends in safeguarding platform workers.

Highlights:

Gig workers exhibit substantive employment elements despite being labeled as partners.
Algorithmic management creates digital subordination and economic dependency.
Regulatory gaps leave gig workers without adequate social, wage, and dispute-resolution protections.

Keywords: Gig Economy, Platform Work, Legal Status, Algorithmic Control, Labor Protection

The Effectiveness of Regulating Pre-Existing Conditions in Life Insurance Policies as a Risk-Mitigation Mechanism for Insurance Companies in Indonesia

Euginia Nataniela Awuy, Ariawan Gunadi — Sun, 07 Dec 2025 00:00:00 +0000

Background: Life insurance plays a crucial role in balancing financial protection and risk management, where pre-existing condition clauses function to maintain fairness between premium payments and actual risks borne by insurers. Specific Background: In Indonesia, the implementation of these clauses often triggers disputes due to inconsistent interpretations, lack of regulatory standardization, and low public literacy regarding insurance contracts. Knowledge Gap: Despite their importance, limited studies examine how effectively these clauses mitigate risk while maintaining legal certainty amid regulatory ambiguity and practical challenges in underwriting and proof. Aim: This study evaluates the effectiveness of pre-existing condition clauses as a risk-mitigation mechanism for Indonesian life insurance companies. Results: Findings show that these clauses prevent adverse selection, strengthen utmost good faith, and support accurate underwriting, though effectiveness is hindered by unclear definitions, uneven documentation, agent miscommunication, and difficulties in proving prior illnesses. Novelty: This research integrates legal, technical, and consumer-protection perspectives to identify systemic weaknesses that reduce clause enforceability. Implications: Strengthening regulatory standards, improving transparency, and enhancing underwriting systems are essential to reduce disputes and reinforce legal certainty in life insurance governance.

Highlights:

Evaluates how pre-existing condition clauses function as a core risk-mitigation tool in Indonesian life insurance.
Highlights legal and practical challenges, including regulatory gaps, proof difficulties, and low insurance literacy.
Recommends strengthening regulation, transparency, and underwriting systems to reduce disputes and enhance legal certainty.

Keywords: Pre-Existing Condition, Life Insurance, Risk Mitigation, Legal Certainty, Underwriting