JOURNAL ARCHIVE
2026-06-30
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Journal Customary Law
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pp. 1–10
Ade Zamrah, Boy Nurdin
Rare Earth Metals play a strategic role in the development of high-tech industries and the global energy transition. Indonesia, a country with abundant mineral resources, faces the challenge of integrating upstream mining activities with downstream policies aimed at increasing added value. This study analyzes the problematic integration of upstream and downstream Rare Earth Metals within the national mining legal system, specifically based on Law Number 3 of 2020 and its implementing regulations, including Minister of Energy and Mineral Resources Regulation Number 18 of 2025. The method employs normative legal research with legislative, conceptual, and systemic approaches. The study results reveal a disharmony between extraction-based licensing designs and downstreaming obligations, which have not been integrated from the initial stages of permit issuance. Regulatory fragmentation and overlapping authority between sectors also impact the effectiveness of value-added policies. The absence of an institutional model specifically addressing critical minerals has hindered the development of the national value chain. The study proposes a reconstruction of value chain-based licensing designs, cross-sectoral regulatory harmonization, and the establishment of an integrative institutional model as steps toward industrial sovereignty. This approach is expected to strengthen the sovereignty of Rare Earth Metal management while simultaneously encouraging a sustainable transformation of the strategic resource-based economy.
JOURNAL ARCHIVE
2026-06-30
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Journal Customary Law
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pp. 1–10
Erdian, Boy Nurdin
This study aims to analyze the problematic enforcement of defamation offenses against academic expression in the digital space and formulate a model for reformulating its regulations based on the protection of academic freedom from the perspective of human rights and a democratic rule of law. The 1945 Republic of Indonesia Constitution, Law Number 39 of 1999 concerning Human Rights, Law Number 1 of 2024 concerning Electronic Information and Transactions, the National Criminal Code, and the International Covenant on Civil and Political Rights are all reviewed as part of the normative juridical research method with a statutory and conceptual approach, and relevant Constitutional Court decisions. The research results indicate that Indonesian positive law still faces problems in the form of a dualism of the legal regime between the Criminal Code and the ITE Law, the ambiguity of elements of offenses, such as attacking honor, accusing someone, and public knowledge, and the absence of normative parameters capable of distinguishing scientific criticism from personal attacks. These conditions have triggered the criminalization of lecturers, researchers, experts, and observers, which has resulted in the emergence of a chilling effect and overcriminalization of academic freedom in the digital space. This study proposes a model of ius constituendum through a reformulation of Article 27A of the ITE Law, adding explicit exceptions for academic expression conducted in scientific forums, research publications, and opinions based on scientific methodology, as long as they are conducted in good faith and in the public interest. The reformulation includes the implementation of a balancing test, specific evidentiary standards for scientific expression, indicators of good faith academic criticism, and strengthening non-penal settlement mechanisms through the right of reply, scientific correction, and reputation restoration. This model is expected to achieve proportional legal certainty between reputation protection and academic freedom of expression as pillars of digital democracy.
JOURNAL ARCHIVE
2026-06-27
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Journal Customary Law
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pp. 1–10
M. Irwan Susanto, Boy Nurdin
This study seeks to analyze the normative weaknesses of criminal law policy regarding the misuse of cooperative member funds in the Indonesian positive legal system and to reconstruct a criminal law policy model based on the principles of accountability and legal protection of members in the reform of cooperative law. The study employs a normative juridical method under a statutory and conceptual approach through a review of the 1945 Constitution of the Republic of Indonesia, Law Number 25 of 1992 concerning Cooperatives, the Criminal Code, Law Number 1 of 2023 concerning the Criminal Code, and regulations related to money laundering and electronic transactions. The study results indicate that the current criminal law policy still relies on general offenses such as embezzlement, fraud, and forgery, so it cannot accommodate the characteristics of the fiduciary relationship between managers, supervisors, and members of cooperatives. These weaknesses are evident in the vagueness of criminal liability norms, disharmony between general criminal law and cooperative law, weak proof of the element of intent, and the absence of an effective mechanism for recovering member losses. The proposed reconstruction includes a reformulation of the specific offense of misuse of cooperative member funds, a fiduciary duty-based criminal liability model, strengthening of cooperative corporate criminal liability, integrating penal and administrative sanctions, implementing an early warning system for fraud, and a restorative justice model focused on recovering member funds through a victim compensation scheme. This model is expected to contribute to reforming cooperative law to be more responsive, equitable, and able to guarantee effective legal protection for members.
JOURNAL ARCHIVE
2026-06-05
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Journal Customary Law
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pp. 1–10
Parisman Sihaloho, Boy Nurdin
This study aims to analyze the weaknesses of the legal construction of the execution of fiduciary guarantees and reconstruct just legal norms in the context of protecting the constitutional rights of debtors. By using normative juridical methods through statutory and conceptual approaches, this study finds that the provisions in Law Number 42 of 1999 concerning Fiduciary Guarantees still contain gaps in norms related to the involvement of debt collectors and open up room for abuse of authority through unilateral execution practices that contradict the principles of due process of law, the principle of good faith, and the guarantee of constitutional rights in the 1945 Constitution. The reconstruction offered emphasizes strict restrictions on the use of third parties, affirmation of execution mechanisms through agreements or court decisions, and the integration of the principles of contractual justice and human rights protection, thus producing a model of legal reform that is fairer, certain, and oriented towards debtor protection.