Abstract:Public procurement plays a pivotal role in driving economic development, particularly in developing nations like Ghana, where government spending accounts for a substantial 70% of the national budget, significantly impacting…
ting GDP. This study critically examines the impact of public procurement reforms, notably the Public Procurement Act of 2003 (Act 663) and its subsequent amendments, on Ghana's economic trajectory. These reforms were strategically implemented to enhance transparency, accountability, and efficiency in public resource management. Analysis of key indicators reveals a mixed landscape of outcomes. While the Act has demonstrably improved procurement processes, reduced instances of corruption by a significant 25%, and streamlined public spending efficiency by 15% over the past decade, persistent challenges remain. These include inadequate institutional capacity, inconsistent enforcement of legal frameworks, and limited stakeholder engagement, collectively hindering the full realization of the reforms' transformative potential. Employing a mixed-methods approach, including secondary data analysis and in-depth interviews with government officials, procurement professionals, and civil society representatives, this study provides critical insights. While procurement reforms have made tangible contributions to economic growth evident in an estimated 10% annual savings in government expenditure significant enhancements are imperative in areas such as capacity building, regulatory enforcement, and fostering robust public-private collaboration. The study concludes with a set of actionable recommendations for stakeholders, including the imperative to strengthen institutional frameworks, promote ethical procurement practices, and cultivate inclusive stakeholder engagement. These measures are crucial for maximizing the impact of procurement reforms and ensuring sustainable economic development in Ghana.
Abstract:The rapid proliferation of digital markets has intensified legal challenges surrounding the modification and resale of Creative Commons–licensed digital products in Indonesia. This study conducts a doctrinal analysis of…
f the Indonesian Copyright ActLaw No. 28 of 2014) in light of comparative jurisprudence from Japan, Taiwan, and the United States, elucidating how civil-law and common-law systems treat CC licenses. It examines recurring issues ambiguities in “derivative works,” conflicts between non-commercial and commercial exploitation clauses, and failures to observe attribution requirements through practical case studies of software, e-books, music, and video tutorials. Drawing on Satjipto Rahardjo’s progressive legal theory, the research argues for a functional, transformative approach that aligns domestic copyright doctrine with globally harmonized open-licensing principles and substantive justice. The analysis reveals that, under Indonesian law, permissibility hinges on strict adherence to each license’s specific terms; however, current regulations lack clarity, generating legal uncertainty for both creators and users. To address these gaps, the study proposes interpretative guidelines and legislative reforms that (1) define “derivative works” in accord with CC International’s porting model, (2) reconcile non-commercial provisions with legitimate digital markets, and (3) institutionalize attribution standards. Such measures would safeguard creators’ moral and economic rights while fostering equitable digital access and innovation, thereby enhancing Indonesia’s knowledge economy.
Abstract:The introduction of the omnibus methodology to Indonesian lawmaking through the Job Creation Law has generated intense scholarly debate over the balance between regulatory efficiency and democratic legitimacy. Drawing on…
Nonet and Selznick’s responsive law theory, this study examines the legal politics underpinning the formation of Law No. 11 of 2020, PERPPU No. 2 of 2022, and Law No. 6 of 2023 within Indonesia’s civil‐law framework. Using normative legal research methods including statutory interpretation, constitutional doctrinal analysis, and comparative legal study this article traces the procedural trajectory from initial draft to successive judicial reviews (Decision Nos. 91/PUU-XVIII/2020 and 168/PUU-XXI/2023). The findings reveal systemic procedural deficiencies: exclusion of affected stakeholders, lack of meaningful public participation, and executive reliance on emergency powers instead of mandated legislative revision. The Constitutional Court’s interventions have served as corrective “strange attractors,” introducing “meaningful participation” requirements (right to be heard, right to be considered, and right to explanation) and compelling the government to adopt legislative reforms. However, persistent executive resistance underscores enduring tensions between efficiency‐oriented omnibus reforms and procedural legitimacy. The study concludes that forthcoming legislative efforts particularly the mandated separate Employment Law will determine whether Indonesia’s legal system advances toward genuinely responsive law or reverts to repressive practices. These insights hold broader significance for comparative constitutionalism and the global discourse on omnibus legislation in developing democracies.
Abstract:The Constitution of the Unitary State of the Republic of Indonesia (NKRI) stipulates that the interests of the people must be voiced and accommodated through legislative channels, represented by the People's Representative…
ve Council (DPR) from the regional to the central government levels. However, it is often found that the hopes of the people are not fully articulated, resulting in certain issues never reaching a final resolution. This study aims to analyze the role of the DPR in voicing the people's interests based on the fourth principle of Pancasila. The method used in this research is qualitative with a literature study approach, where data is collected from various scientific sources. The results of the analysis show that the main functions of the DPR, namely in legislation, oversight, and budgeting, have not been fully optimized due to weak accountability and transparency. This crisis of representation impacts the decline in public trust, low political participation, and increased polarization in society. To address these issues, systemic reforms are needed, including enhancing transparency, strengthening accountability mechanisms, and involving the public actively in the decision-making process. Thus, the goal of the DPR’s existence, which can be achieved, is to voice the will of the people, realize deliberation for consensus, and ensure justice and welfare in line with the substance of Pancasila’s ideology, particularly its fourth principle. This study recommends the need to restore the essence of deliberation for consensus in accordance with the fourth principle of Pancasila, accompanied by better political education and electoral system reforms to ensure that elected representatives are truly competent and focused on the interests of the people.
Abstract:This study critically examines the constitutionality of Indonesia’s presidential candidacy threshold under Article 222 of Law No. 7 of 2017 in relation to the principle of popular sovereignty in Article 1(2) of the 1945…
5 Constitution. The threshold requiring a party or coalition to hold 20% of DPR seats or 25% of the popular vote has been controversial for limiting voter choice and reinforcing oligarchic dominance. Using a normative legal research method, the study applies doctrinal interpretation through grammatical, systematic, historical, and teleological approaches to evaluate whether the threshold is consistent with constitutional democracy. The analysis identifies a disconnect between the legislative rule and the constitutional concept of sovereignty residing with the people, informed by theories of democracy, sovereignty, and progressive legal thought. While procedurally legitimate, the threshold lacks substantive constitutional validity because of its exclusionary impact on political participation. The study proposes four reform options: repeal, proportional adjustment, judicial reinterpretation, and constitutional amendment. These reforms would realign electoral rules with democratic principles and restore voters’ political agency. A doctrinal reinterpretation model is offered, framing the threshold as a regulatory instrument rather than a rigid barrier, advocating a legal structure that promotes inclusivity and reflects the people’s general will.
Abstract:The Indonesian capital market plays a pivotal role in mobilising long-term financing for corporations and providing investment opportunities to the public. However, persistent stock fraud cases undermine market integrity…
and investor confidence. This study aims to evaluate the effectiveness of the existing legal framework for investor protection against stock fraud, analyse its practical implementation, and recommend measures to strengthen both preventive and repressive mechanisms. Employing a normative legal research design with a qualitative approach, the study integrates statute, conceptual, and case approaches, focusing on Law No. 8 of 1995 on Capital Markets, OJK regulations, the Criminal Code, and notable cases such as PT Hanson International Tbk. The findings reveal that while the legal framework normatively aligns with the Legal Protection Theory, Justice Theory, and Legal Effectiveness Theory, substantial gaps remain between regulation and enforcement. Weak supervisory coordination, delayed intervention, lengthy judicial processes, and low investor legal literacy reduce effectiveness. Recommended reforms include adopting regtech and suptech, enhancing cross-agency data integration, implementing AI-based surveillance, establishing a specialised capital market court, and strengthening investor education. The study concludes that combining regulatory improvements, adaptive enforcement, and public legal empowerment is essential to safeguard investors, maintain market integrity, and promote sustainable economic growth.
Abstract:The Industrial Revolution 4.0 has drastically transformed global industries, introducing advanced technologies such as automation, artificial intelligence, and digitalization into the workplace. This rapid technological…
shift has presented significant challenges for labor laws, which are often designed for traditional work environments. This study explores the implementation of labor law in the context of the Industrial Revolution 4.0, analyzing the challenges faced by both employers and employees in adapting to these new technological advancements. Using a qualitative methodology, this research employs a juridical review of existing labor laws, supported by an in-depth case study examining how these laws are applied in technology-driven industries. The findings indicate that labor laws often lag behind the technological advances, leading to gaps in legal protections for workers and ambiguities in employer obligations. The case study highlights specific instances where current labor regulations fail to address issues related to remote work, job displacement due to automation, and workers' rights in the gig economy. Solutions are proposed to modernize labor laws, ensuring they are adaptable to future technological developments while safeguarding workers' rights. The study concludes that there is an urgent need for legal reforms to balance innovation with fair labor practices in the era of Industry 4.0.
Abstract:One part of public policy is education policy. A policy arises because there is a problem that requires appropriate handling, so that the policy can be used as a guide. Formulating education policy is a process of formulating…
ating reforms for actions that are relevant and acceptable to common sense to resolve various problems related to education. This research uses qualitative methods and is included in the library research category. The data sources were obtained from primary books and journals related to the theme, the data analysis technique used descriptive analytical methods. The results of this research include: that the first time Islamic education was in the motherland was in line with the arrival of Islam to Indonesia. Through long dynamics there are three phases. First, during the Old Order the government slowly paid attention to Islamic education. Second, in the new order, during this period madrasas achieved equality with public schools. In the third period of reform, Islamic education in this period has developed advanced, the curriculum, then Islamic education is also paid attention to by disbursing a budget of 20% of the APBN.
Abstract:This research investigates the impact of fiscal policy on economic growth in Indonesia. The study was carried out by analyzing the implementation of public expenditure policies, tax reforms and subsidies implemented by the…
he government in several time periods. Macroeconomic data such as Gross Domestic Product (GDP), inflation rate, investment and household consumption are used to evaluate the effectiveness of fiscal policy in responding to domestic and global economic conditions. The findings show that fiscal policy has a significant impact on economic growth, particularly through increasing infrastructure investment and tax incentives for the private sector. However, challenges such as transparent public budget management and long-term policy consistency need to be addressed to maximize the contribution of fiscal policy to inclusive and sustainable economic growth. Policy recommendations include expanding infrastructure investment, further tax reform to increase efficiency, as well as improvements in public budget management. The implication of this research for national economic policy is the importance of maintaining policy consistency and improving inter-institutional coordination to achieve the goal of sustainable economic development in Indonesia.