Jurnal Smart Hukum (JSH)

Analysis of The Legal Status of Gig Workers in Indonesia’s Digital Platforms: The Urgency of Sufficient Work Regulations as Social Protection

Christopher Panal Lumban Gaol — 2026-02-01

The rapid expansion of Indonesia's digital economy has created approximately 41.6 million gig workers, yet their legal status remains undefined within the existing labor law framework. This study employs quantitative and normative legal analysis to examine the legal status of gig workers operating through digital platforms (Gojek, Grab, and other service applications) and evaluate the adequacy of current Indonesian labor regulations in providing social protection. Through analysis of statutory instruments including Law No. 13 of 2003 on Manpower and Law No. 11 of 2020 on Job Creation (Omnibus Law), alongside empirical data on worker demographics, income distribution, and social security participation rates, this research demonstrates that gig workers meet substantive criteria of employment yet remain classified as independent contractors. The study reveals that 7.61 percent of informal workers maintain social security coverage, with participation rates as low as 1.6 percent among gig workers specifically. Quantitative analysis of 130 gig workers across three provinces demonstrates income volatility (average monthly earnings: IDR 3.0-3.98 million), excessive working hours (30-40 hours weekly, with 20 percent exceeding 40 hours), and negligible social safety net access (49.23 percent lack health insurance). The research concludes that the Sufficient of Work doctrine, grounded in ILO conventions and the principle of decent work, provides a superior analytical framework for protecting digital platform workers. The study recommends legislative reform incorporating hybrid employment categories, mandatory social protection coverage regardless of classification, and algorithmic transparency mechanisms as essential safeguards for worker dignity and economic security in Indonesia's evolving labor market

Regulating Coastal Setbacks Through Spatial Planning Law Enforcement

I Gede Andi Iswarayana — 2026-02-05

This study examines the enforcement of spatial planning law in regulating coastal setback utilization in Nusa Penida, Klungkung Regency, Bali, where rapid tourism development has intensified pressure on protected coastal zones. The research aims to assess the effectiveness of legal enforcement mechanisms in controlling coastal setbacks and to identify institutional and regulatory factors that hinder compliance. An empirical legal research design is adopted, integrating statutory, conceptual, and sociological approaches. Primary data were gathered through semi-structured interviews with local government officials and relevant stakeholders, while secondary data were obtained from legislation, regional spatial planning documents, and official records. Qualitative analysis was conducted by relating normative spatial planning provisions to observed enforcement practices in the study area. The findings indicate that coastal setback regulation has not been effectively implemented, largely due to the absence of detailed spatial planning instruments, limited supervisory capacity, and reliance on administrative discretion rather than clear technical standards. These conditions weaken legal certainty and constrain the consistent application of zoning rules and sanctions. The study concludes that the formulation of detailed spatial plans and the strengthening of enforcement mechanisms are critical to improving coastal setback governance and supporting sustainable coastal management in island tourism regions.

The Paradigm of Criminal Offences Becoming Ordinary Criminal Offences in Cases of Sexual Harassment Within the Family as a Form of Criminal Law Reform in Indonesia

Grace Yurico Bawole — 2026-02-28

The purpose of this study is to find the ideal concept of regulating complaint offences into ordinary offences against the enforcement of sexual harassment cases in the household as a form of legal reform in Indonesia, using empirical juridical research methods. The research method uses an approach that examines the applicable legal rules in the social, political, economic, and cultural contexts, as well as to understand how the law works in everyday reality. This research is essentially normative legal research but is also supported by empirical research. There are many cases of sexual abuse in Indonesia, but it is still very difficult to enforce the law because sexual abuse within the household is still considered a complaint offence. so that law enforcement officials cannot prosecute and punish perpetrators if there is no report or complaint from the victim, or even if there is a complaint and report, the victim usually reconciles with the perpetrator and the legal process is terminated because it cannot be continued. Therefore, it is necessary to reclassify offences from complaint-based offences to ordinary offences in cases of sexual abuse within the household as a form of criminal law reform in Indonesia.

Abuse of Authority and Gratification in Customs Institutions: Juridical-Empirical Analysis of The Directorate General of Customs Officials Case in 2026

Murwoto Murwoto — 2026-03-09

This article examines the criminal liability of officials of the Directorate General of Customs and Excise (DJBC) of the Republic of Indonesia in the context of the bribery and gratification case uncovered in February 2026. Employing a juridical-empirical (socio-legal) approach, this study analyses the fulfillment of corruption offense elements under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 on the Eradication of Corruption, and examines the correlation between administrative discretion and abuse of authority. Data were collected through documentary research of primary legal sources, official releases of the Corruption Eradication Commission (KPK), and peer-reviewed academic literature. The results reveal that the modus operandi involved systematic manipulation of the customs inspection lane system and receipt of monthly bribes amounting to IDR 7 billion to facilitate the importation of counterfeit goods without full physical examination. Legal analysis demonstrates that the abuse of administrative discretion in determining inspection lanes constitutes a corruption offense when accompanied by receipt of gifts or promises. Theoretically, the case validates Klitgaard's (1988) corruption formula: the convergence of authority monopoly, broad discretion, and low accountability. This study further identifies systemic implications for institutional reform of the DJBC, encompassing integrity-based merit systems, transparent audit trails in customs processes, and expanded anti-corruption collaboration mechanisms

Protection Of Women's Rights in Marriage from The Perspective of Islamic Law and Criminology: A Study of Domestic Violence in Merangin Regency

Elvira Elvira — 2026-03-17

This study examines the protection of women's rights within marriage through the integrated lens of Islamic law and criminology, with a focus on domestic violence (KDRT) cases in Merangin Regency, Jambi Province. Employing a qualitative normative-empirical approach, data were gathered through in-depth interviews with victims, law enforcement officers, Islamic legal scholars, and relevant government officials, supplemented by documentary analysis of court decisions, institutional reports, and applicable regulations. The findings reveal that KDRT in Merangin exhibits escalatory, cyclical, and multidimensional patterns, predominantly perpetrated by husbands who exploit asymmetric power relations rooted in patriarchal gender constructions. Implementation of Law No. 23 of 2004 on the Elimination of Domestic Violence faces significant structural barriers, including delayed reporting, revictimization, distorted interpretations of qiwāmah, and inadequate inter-institutional coordination. From an Islamic legal perspective, all forms of domestic violence fundamentally contradict the principles of mu'āsyarah bil ma'rūf, maqāṣid al-syarī'ah, and the universal prohibition of ẓulm. The study concludes that effective protection requires simultaneous transformation across legal, cultural-religious, and institutional dimensions, wherein Islamic law and positive law mutually reinforce rather than contradict one another

An Analysis Of Ethical And Legal Issues In Organ Transplantation And Organ Donation In Indonesia

Kadek Dwi Pradnya Lestari — 2026-03-27

The development of modern medical science has brought significant advancements in efforts to save human lives, one of which is through organ transplantation. Although organ transplantation offers significant benefits to the medical field, it also raises various complex issues that encompass ethical, legal, social, and religious dimensions. This study utilizes a qualitative descriptive method and a library research approach to explore the legal framework and bioethical principles that govern organ transplantation in Indonesia. The analysis reveals that the legal regulations concerning organ transplantation in Indonesia have undergone substantial development. Law Number 17 of 2023 on Health stipulates that organ transplantation may only be conducted for humanitarian purposes and explicitly prohibits any form of organ commercialization. Furthermore, Government Regulation Number 28 of 2024 provide the technical foundation related to the procedures, hospital licensing, and the establishment of transplantation ethics committees. From an ethical standpoint, organ transplantation practices must adhere to the four fundamental principles of bioethics, beneficence, autonomy, non-maleficence, and justice which position patients as autonomous subjects in medical decision-making. Religious factors also have a major effect on public perception: Catholicism and Islam regard organ donation as an act of charity and solidarity, Hinduism associates it with the concept of dāna (sacred giving); while Buddhism views it as a noble expression of compassion. Therefore, the implementation of organ transplantation in Indonesia must be carried out within a robust legal and ethical framework, harmonized with the prevailing humanitarian and spiritual values of the society.

Keyword: organ transplantation, Bioethics, Health Law, Organ Donation, Religious Values.

Law Enforcement in Indonesia for the Prevention of Human Organ Trafficking from a Pancasila Perspective

Franciscus Xaverius Wartoyo — 2026-03-31

From the perspectives of human rights and Pancasila, this article presents a comprehensive analysis of illegal human organ trafficking as one of the most serious crimes against humanity in the contemporary global context. The illegal trade in human organs continues to expand alongside the increasing medical demand for organ transplantation, which is not proportional to the availability of legally obtained organs, thereby encouraging the commodification of the human body and the exploitation of vulnerable groups. From a human rights perspective, illegal human organ trafficking constitutes a serious violation of the right to life, the right to bodily integrity, personal liberty, and the prohibition of torture and cruel, inhuman, or degrading treatment. In positive law, this practice is strictly regulated and sanctioned under Law No. 1 of 2023 on the New Criminal Code, particularly Article 345 in conjunction with Article 79 paragraph (1) letters d and f, which note that perpetrators of organ or human tissue trafficking may face imprisonment of up to seven years and a maximum category VI fine of IDR 2 billion. In addition, the Health Law Article 33 paragraph (2), strengthened by Government Regulation No. 28 of 2024, affirms the obligation to protect the human body and prohibits the illegal exploitation of human organs. This article argues that illegal human organ trafficking must not be understood merely as a medical or criminal issue, but rather as a profound moral, ethical, and ideological crisis that directly contradicts Pancasila as the philosophical foundation of the state. Therefore, this study emphasizes the importance of firm law enforcement grounded in the values of Pancasila and human rights to ensure that the human body is not commodified, but instead respected as an integral expression of human dignity.

The Role of Al Washliyah in Strengthening Local Wisdom Law Amid Cultural Modernization

Haidir — 2026-04-01

This article examines the role of the Indonesian Islamic mass organization Al Jam’iyatul Washliyah (Al Washliyah) in strengthening local wisdom–based law (kearifan lokal) in the context of rapid cultural modernization and legal centralization in Indonesia. Drawing on a qualitative sociolegal case study, the study explores how Al Washliyah’s educational, da’wa, and social welfare programs contribute to maintaining and transforming customary norms and practices so that they continue to function as living law within communities, while also engaging with the national legal framework. The analysis situates Al Washliyah’s activities within debates on legal pluralism, adat law, and the integration of local wisdom into formal legislation. The findings indicate that Al Washliyah operates as a mediating institution between state law, Islamic law, and local customary law through three main roles: internalizing local values in Islamic education, mediating community disputes and social norms, and advocating for legal recognition of local wisdom. These roles help to reconcile cultural change with normative continuity, although tensions remain regarding formalization, generational shifts, and the commodification of culture

Transformation of Inheritance Rights in Balinese Customary Land

Putu Diana Prisilia Eka Trisna — 2026-05-02

This study examines the transformation of inheritance rights in Balinese customary land within the context of customary and national legal systems. The research addresses legal issues arising from changes in customary membership, which may alter or terminate inheritance rights over communal land. Employing a normative legal research method with statutory and conceptual approaches, this study analyzes the interaction between customary norms and national agrarian law. The findings reveal that inheritance rights over customary land are inherently linked to social-religious obligations and active membership within the customary community, resulting in the transformation or loss of such rights when these obligations are no longer fulfilled. Furthermore, the study identifies a normative tension between the communal character of customary law and the individualistic principles of national inheritance law, leading to legal uncertainty. The novelty of this research lies in its integrative analysis of inheritance transformation through the lens of legal pluralism, emphasizing the need for harmonization between legal systems. The study concludes that clearer legal recognition and contextual legal approaches are necessary to ensure certainty and substantive justice in customary inheritance disputes. Future research is recommended to explore empirical perspectives and judicial practices in resolving similar disputes.