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Open research questions in Indonesian Legal and Regulatory Studies

26 unresolved questions extracted from the limitations and future-work sections of 496 Indonesian Legal and Regulatory Studies papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • PT PLN's liability is not limited to administrative compensation under the Minister of Energy and Mineral Resources Regulation Number 2 of 2025 but may also extend to civil liability when the elements of an unlawful act under Article 1365 of the Indonesian Civil Code are fulfilled.

    Perlindungan Hukum bagi Konsumen Akibat Pemadaman Listrik Massal di Aceh Tahun 2025 (Analisis Pasal 28-29 Undang-Undang Nomor 30 Tahun 2009 Tentang Ketenagalistrikan) · 2026 · DOI

  • Distortion of BPHTB enforcement The enforcement mechanism of BPHTB taxation demonstrates that the regulatory problem is not limited to the determination of taxable events but also extends to the structure of administrative control and sanctions.

    RECONSTRUCTING THE TAXABLE EVENT OF LAND AND BUILDING ACQUISITION DUTY: A JUSTICE-BASED APPROACH TO LEGAL CERTAINTY IN PROPERTY RIGHTS TRANSFERS · 2026 · DOI

  • From the perspective of legal effectiveness, the doctrinal analysis supports the view that statutory regulation alone is insufficient to ensure effective governance unless it is accompanied by coherent institutional arrangements, interoperable digital systems, competency-based personnel management, and organizational values that reinforce integrity and accountability.

    Integrating merit systems and talent management: a legal-administrative framework for civil service professionalization · 2026 · DOI

  • Abstract: This article examines the Pancasila-based rule of law in Indonesia within the context of democratic backsliding using a Critical Legal Studies (CLS) approach. Normatively, Pancasila offers a synthesis of legality, morality, social justice, and religious values. This study addresses the growing tension between the normative ideals of the Pancasila-based rule of law and contemporary patterns of democratic backsliding in Indonesia, particularly regarding judicial independence, executive dominance, and restrictions on civil liberties. The weakening of judicial independence, the expansion of executive power, and the restriction of civil liberties indicate patterns of democratic erosion. Furthermore, its instrumentalization by political elites to legitimize policies that deviate from democratic principles. This study employs a qualitative normative-empirical approach using Critical Legal Studies (CLS), constitutional analysis, and critical interpretation of legal and political discourse related to democratic regression in Indonesia.

    The Pancasila Rule of Law and Democratic Backsliding in Indonesia A Critical Legal Perspective · 2026 · DOI

  • Future research may examine the implementation of the verified-certainty concept through empirical legal studies conducted at land offices, PPAT offices, and courts in several resolving cases.

    Legal Analysis of Land Rights Transfer Mechanisms and Their Implications for Land Ownership in Indonesia · 2026 · DOI

  • The Indonesian Constitution anchors adjudication in Pancasila, mandating a balance between legal certainty, utility, and social justice, yet how state-judiciary actors actualize these ideological values in practice remains empirically underexplored, particularly in resource-rich regions beset by agrarian and socio-economic conflict.

    Between Positivism and Substantive Justice: Predictors of Pancasila Value Actualization Among State-Judiciary Actors · 2026 · DOI

  • This study is limited to normative legal analysis. It does not conduct interviews with licensing officers, persons with disabilities, vehicle-modification providers, or roadsafety agencies. It also does not measure regional variation in Class D/D1 licensing practices. Future empirical research should examine how licensing procedures are implemented across provinces, what barriers applicants experience, how adaptive vehicle modifications are currently performed, and how police and transport officials interpret existing rules. Future research should also compare Indonesia’s regulatory framework with jurisdictions that have more developed adaptive driving standards and functional assessment systems. Comparative analysis could help identify regulatory models suitable for Indonesian legal culture, administrative capacity, and road-safety conditions.

    From Formal Recognition to Effective Access · 2026 · DOI

  • frequently encountered in overcoming enforcement The discussion of this research further highlights that strict liability doctrine possesses significant relevance in environmental criminal cases. Environmental crimes commonly involve scientific uncertainty, technical complexity, and institutional asymmetry between corporations and affected communities, making criminal investigations highly challenging under conventional legal standards. The findings discussed previously demonstrate that prosecutors often face substantial difficulties in proving intent or negligence because environmental harm may result from cumulative industrial practices rather than direct individual actions. Within this context, strict liability doctrine reduces the evidentiary burden by allowing criminal responsibility to emerge from the occurrence of prohibited environmental harm itself. This development is particularly important in cases involving large corporations that operate through complex organizational systems capable of obscuring individual accountability. Moreover, the discussion reveals that strict liability doctrine strengthens the preventive function of environmental law because industries become more cautious when legal responsibility may arise regardless of subjective fault. Such preventive impact aligns with broader sustainability objectives requiring corporations to prioritize environmental risk management within operational activities. However, the discussion also emphasizes that the implementation of strict liability doctrine should remain proportionate and clearly regulated in order to preserve legal certainty and avoid arbitrary law enforcement practices. Therefore, the relevance of strict liability doctrine lies not only in facilitating criminal prosecutions but also in encouraging broader structural changes toward more responsible environmental governance and corporate accountability. https://journal.institutemandalika.com/index.php/jomss Semuel Haning 1, Wilsa, 2 Vegitya Ramadhani Putri, 3 83 Another important discussion concerns the relationship between strict liability doctrine and the philosophical foundations of criminal punishment within modern legal systems. Criminal law traditionally emphasizes the principle that punishment should be imposed only upon individuals possessing culpability or moral blameworthiness. From this perspective, strict liability doctrine appears controversial because it allows criminal sanctions without requiring proof of mens rea. Nevertheless, environmental crimes present extraordinary circumstances where adherence to rigid law fault-based standards may undermine public protection and weaken environmental enforcement.

    The Implementation of Strict Liability Doctrine in Environmental Crimes Based on New Criminal Code · 2026 · DOI

  • Future research is recommended to expand the scope of analysis by examining multiple court decisions to identify patterns of judicial interpretation in termination cases. Empirical studies involving judges, legal practitioners, and workers may also provide deeper insights into the practical challenges of applying evidentiary standards. Additionally, comparative studies between jurisdictions could further enrich the understanding of how legal systems address termination due to company losses and strengthen the development of more consistent and protective labor law frameworks.

    Judge’s Misinterpretation in Assesing the Legalityof Termination of Emploment Due to Company Loses without Audit Evidence · 2026 · DOI

  • This study is subject to several limitations. First, the analysis focuses on a single court decision, which may not fully represent broader judicial trends in industrial relations cases. Second, the research relies on normative and document-based analysis without incorporating empirical data such as interviews or field observations.

    Judge’s Misinterpretation in Assesing the Legalityof Termination of Emploment Due to Company Loses without Audit Evidence · 2026 · DOI

  • Implementation of innovative compensation models such as UBI, automation taxes, and AI productivity distribution schemes requires further development of adaptive and responsive legal frameworks specific to the Indonesian context.

    Reformasi Hukum Ketenagakerjaan di Era Artificial Intelligence: Perlindungan Pekerja, Reskilling, dan Model Kompensasi Inovatif di Indonesia · 2026 · DOI

  • Indonesia lacks an integrated legal reform framework that simultaneously addresses labor law updates, expansion of social security systems, and adjustment of fiscal and taxation policies to manage the transition to an AI-based economy fairly and sustainably.

    Reformasi Hukum Ketenagakerjaan di Era Artificial Intelligence: Perlindungan Pekerja, Reskilling, dan Model Kompensasi Inovatif di Indonesia · 2026 · DOI

  • The National Social Security System Law (UU SJSN) currently implements only conventional protection schemes (health insurance, old-age benefits, unemployment insurance) and requires progressive interpretation or revision to accommodate new forms of protection such as UBI or technology-based work transition programs.

    Reformasi Hukum Ketenagakerjaan di Era Artificial Intelligence: Perlindungan Pekerja, Reskilling, dan Model Kompensasi Inovatif di Indonesia · 2026 · DOI

  • Indonesian labor law framework has fallen behind technological development pace and is not yet fully capable of providing adequate protection against risks of skill relevance loss in the AI era.

    Reformasi Hukum Ketenagakerjaan di Era Artificial Intelligence: Perlindungan Pekerja, Reskilling, dan Model Kompensasi Inovatif di Indonesia · 2026 · DOI

  • The Job Loss Guarantee (JKP) program under the Omnibus Law provides only generic training that is not specifically targeted at new skill requirements emerging from automation and digitalization, failing to adequately address AI-based reskilling challenges.

    Reformasi Hukum Ketenagakerjaan di Era Artificial Intelligence: Perlindungan Pekerja, Reskilling, dan Model Kompensasi Inovatif di Indonesia · 2026 · DOI

  • The current Indonesian labor law (UU Ketenagakerjaan) still lacks specific provisions obligating companies to provide reskilling for workers affected by AI-driven technological disruption, with implementation dependent on individual company policies.

    Reformasi Hukum Ketenagakerjaan di Era Artificial Intelligence: Perlindungan Pekerja, Reskilling, dan Model Kompensasi Inovatif di Indonesia · 2026 · DOI

  • The provisions and implementation of BJR in Indonesia and the United States need to be studied because the latest Company Laws of both countries have codified the principles of BJR generated by court practice so far where BJR elements are regulated imitatively in the Company Law and accompanied by an explanation of the concept of the core elements of BJR.

    Doctrin Business Judgment Rule Analysis as an Effort to Protect the Law of Directors of Limited Liability Companies in Indonesia and the United States · 2023 · DOI

  • Imperative correction enables the court to fully examine material truth as well as procedural regularity, rather than remaining limited to the outer shell of discretion.

    Administrative Clemency and Legal Correction in Article 36 Of the UU KUP: A Proposal for Normative Redesign · 2026 · DOI

  • Future research may examine the imposed by higher effectiveness of sanctions supervisory bodies and compare supervision practices in different regions to develop a stronger model of legal certainty-based Notarial supervision.

    Legal Certainty-Based Supervision of Notaries Violating the Code of Ethics in Malang City · 2026 · DOI

  • There is a need for recognition of 'the right to continuous skill development' as a fundamental worker protection right in the digital era, representing a paradigm shift from reactive to proactive labor protection.

    Reformasi Hukum Ketenagakerjaan di Era Artificial Intelligence: Perlindungan Pekerja, Reskilling, dan Model Kompensasi Inovatif di Indonesia · 2026 · DOI

  • This paper discusses the understudied situation of legally-resident migrants and their (in)ability to access employment rights that are otherwise available to Indonesians.

    Regulatory (Mal)Integration: Its Implications for Migrant Workers’ Ability to Access Employment Rights in Indonesia · 2023 · DOI

  • 1 and 2 of the Standing Orders of the Sejm Penalty payments imposed on a Deputy for not participating in or interfering with the proceedings of the Sejm are cumulative, but are limited by the amount of funds, to which the Deputy is entitled to collect for the holding of a mandate.

    Zagadnienie kumulacji kar finansowych na podstawie art. 25 ust. 1 i 2 regulaminu Sejmu · 2022 · DOI

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26 open questions have been extracted from the limitations and future-work passages of 496 Indonesian Legal and Regulatory Studies papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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