LEX PROGRESSIUM : Jurnal Kajian Hukum Dan Perkembangan Hukum

APPLICATION OF DISCRETIONARY AMOUNT OF PKPU MANAGEMENT SERVICE REMUNERATION FOR POOR SOES: A CASE STUDY OF PT DKB (PERSERO)

Redi Setiadi — 2026-05-01

PT DKB is one of the state-owned enterprises engaged in ship construction and repair, which contributes to the national economy. In 2023, PT DKB experienced cash flow difficulties, so it restructured through a Deferral of Debt Payment Obligations (PKPU) with a debt value of IDR 3.7 trillion. The PKPU process ended in peace, PT DKB was required to pay the PKPU Management Service Fee of IDR 18.5 billion and lawyer fees of IDR 1.5 billion. Due to the lack of cash flow, PT DKB made a loan withdrawal to PT Perusahaan Pengelola Aset (PT PPA) to pay these costs. The author formulates problems related to how to implement the Discretion on the amount of PKPU Management Service Reward for Dhuafa SOEs. The results of the study stated that the Implementation of Discretion in the amount of PKPU Management Service Remuneration for Dhuafa SOEs has not been implemented, considering that there is not yet an adequate Discretionary space both in Law Number 19 of 2023 jo. Law Number 16 of 2025 concerning SOEs; Law Number 37 of 2004 concerning Bankruptcy and PKPU; and Permenkumham Number 18 of 2021 concerning Guidelines for Service Rewards for Curators and Administrators.

ONE HEALTH LAW-BASED RECONSTRUCTION OF ANIMAL QUARANTINE LAW: FROM SECTORAL BIOSECURITY TO TRANSNATIONAL ZOONOTIC RISK GOVERNANCE

Umar Suryanaga — 2026-05-01

The increasing emergence of zoonotic diseases in the era of globalization has raised significant challenges for national health security, particularly in relation to cross-border transmission of animal-borne diseases. In Indonesia, the animal quarantine system plays a strategic role as a legal instrument to prevent the entry and spread of infectious animal diseases, however its current regulatory framework is still largely characterized by a sectoral biosecurity approach that focuses primarily on administrative control of animal traffic. This study aims to analyse the legal construction of the animal quarantine system in Indonesian positive law, identify the paradigmatic weaknesses of the sectoral biosecurity approach, and formulate a reconstruction of animal quarantine law based on the one health law perspective to strengthen transnational zoonotic risk governance. This study employs a normative legal methodology using legislative and conceptual approaches, supported by an analysis of relevant primary, secondary, and tertiary legal materials. The findings reveal that the existing legal framework still reflects fragmented regulation and limited institutional coordination between the sectors of human health, animal health, and environmental protection, which reduces the effectiveness of zoonotic disease control. To address this limitation, the study proposes a conceptual model called the one health animal quarantine governance framework, which integrates regulatory harmonization, cross-sectoral coordination, and strengthened national biosecurity within a unified legal framework. The study concludes that adopting a one health law approach can reposition animal quarantine as part of an integrated public health governance system for managing transnational zoonotic risks.

REFORMULATION OF THE CONCEPT OF MEDICAL MALPRACTICE IN A PROGRESSIVE LEGAL PERSPECTIVE: FROM INDIVIDUAL FAULT TO CONTEXTUAL ACCOUNTABILITY

Selvy Devita Anggeraini — 2026-05-01

The increasing complexity of healthcare systems in Indonesia has intensified legal disputes concerning alleged medical malpractice, which are predominantly assessed within the paradigm of individual fault liability. This study aims to critically examine the conceptual construction of medical malpractice in Indonesian positive law, identify its underlying paradigmatic limitations, and propose a theoretical reformulation grounded in progressive legal thought. Employing a normative juridical method with statutory and conceptual approaches, this research analysis primary and secondary legal materials through prescriptive legal reasoning. The findings reveal that the prevailing malpractice doctrine is heavily influenced by legal positivism, which frames medical liability primarily as an issue of individual negligence and evaluates it through formalistic parameters such as duty of care, breach, causation, and damage. Such an approach inadequately captures the systemic and multidisciplinary nature of modern healthcare practice and may contribute to legal fragmentation, overcriminalization of medical professionals, and the emergence of defensive medicine. To address this gap, the study advances a conceptual shift from individual fault to contextual accountability, proposing a theoretical model termed the Progressive Medical Liability Framework. This framework integrates contextual, proportional, restorative, and integrative principles to reconceptualize medical liability within the broader institutional and systemic structure of healthcare delivery, thereby promoting a more adaptive and substantively just legal approach to medical disputes.

PROBLEMS OF THE AUTHORITY OF LOCAL GOVERNMENT OFFICIALS IN CONTROLLING ENVIRONMENTAL DAMAGE

Zulkifli Sadarisman Mukti — 2026-05-01

Post-Job Creation Law decentralization of ecological competencies to provincial authorities engendered structural frailties impairing local remediation efficacy. This examination dissects provincial officials' juridical mandate for ecological harm mitigation, pinpoints execution hurdles, and proposes optimal reinforcement paradigms. Normative juridical inquiry integrates statutory, doctrinal, and cross-jurisdictional lenses via bibliographic scrutiny of enactments, tenets, and scholarship. Revelations affirm authority curtailment via Online Single Submission centralization, constricting preventive policy latitude. Multidimensional deficits span normative redundancies, Regional Environmental Agency shortfalls, intersectoral discord, and investment-ecology tensions. Reinforcement mandates subsidiarity-driven harmonization, provincial capacity elevation, and participatory good governance for enduring communal integration.

MISCARRIAGE OF JUSTICE AND THE PARADOX OF JUDICIAL INDEPENDENCE: THE DOCTRINE OF JUDGE ACCOUNTABILITY IN THE CRIMINAL JUSTICE SYSTEM

Tumpak Parulian Situngkir — 2026-05-01

The phenomenon of miscarriage of justice in the criminal justice system shows the failure of the legal system in achieving the main goal of law enforcement, namely justice and the protection of human rights. In the Indonesian context, this issue has become increasingly complex due to the strong doctrine of judicial immunity that protects the independence of judges, but at the same time has the potential to create paradoxes when serious errors occur in criminal decisions. This study aims to analyse the construction of the doctrine of judge accountability in the criminal justice system and reconstruct the model of judge accountability that is able to balance judicial independence and judicial accountability in cases of miscarriage of justice. This study uses normative legal research methods with statute approach and conceptual approach. Legal materials are obtained through literature studies that include laws and regulations, legal literature, and relevant scientific articles, then analysed in a qualitative prescriptive manner through legal interpretation and doctrinal reconstruction. The results of the study show that the doctrine of judicial immunity in the Indonesian legal system is still very dominant so that the mechanism of accountability of judges for errors in criminal decisions has not been adequately developed. This study proposes a balanced judicial responsibility framework that includes the principles of limited judicial immunity, gross judicial error liability, and institutional accountability as a model for reconstructing judge accountability. This model makes a theoretical contribution to the development of judicial accountability studies while offering a practical approach to strengthening public trust in the judiciary.