Indonesian Comparative Law Review

Natural Resource Governance in Indonesia and Pakistan: A Comparative Review

Adnan Siraj — 2025-02-17

This article comprehensively reviews the legal systems governing natural asset entitlement, extraction, land use, and environmental conservation in Indonesia and Pakistan. Both countries allow government control over underground resources, but Indonesia has made greater strides in applying sustainability standards, conducting community consultations, and establishing innovative revenue distribution models to open access to environmental litigation. In contrast, Pakistan focuses on energy investments but faces similar environmental and land tenure issues. The normative legal research relied on secondary sources and employed statutory and comparative approach. The analysis reveals Indonesia's emphasis on institutionalizing sustainable and inclusive environmental practices, ensuring indigenous territoriality, environmental rehabilitation, revenue-sharing trusts, and constitutional environmental rights. Pakistan retains centralized control over resource extraction and energy revenue allocation, causing disparities in sustainability compliance, indigenous communities near extractive sites, and residents' communal land tenure deprivation. Developing economies aim for sustainable growth, with Indonesian governance exemplifying a shareable legal order and complex multi-stakeholder regulations, while Pakistan illustrates the limitations of centralized energy facilities without comprehensive stakeholder engagement. Although both countries grapple with biodiversity loss and climate change effects, this comprehensive review identifies legal innovations and conservation management approaches to align conservation priorities with national development goals based on natural capital assets

The Legality of Price Rounding in Sale and Purchase Transaction under Indonesian and Islamic Law

Pajri Arifpadilah — 2025-01-30

The need for easiness in making transaction has resulted in a unique method of payment known as price rounding system. This system is frequently applied in the transaction of various goods, including vegetables, foods, and clothing. In spite of its practical advantage, there is a potential economic loss suffered by the buyers or consumers, especially when the sellers tend to round the price up. Consequently, the question on its legality arises. This study analyzes the legality of transaction applying the price rounding system from the perspective of Indonesian and Islamic law. This normative legal research employs both statutory and conceptual approaches. The result of this study indicates that the price rounding practice is allowed under Indonesian law as far as the buyer agrees to pay the item at the rounded price. On the other side, such a practice is prohibited under Islamic law since it violates the Qur’anic provisions. However, there is an opportunity to continue such a practice in particular places where the local custom (‘Urf) in those places tolerate it. The authors suggest that consumers should pay more attention on such a practice to avoid any manipulation committed by the sellers.

Legal Framework Synergy: Indonesia and Malaysia's Role in Advancing Islamic Fintech Regulations

Istianah Zainal Asyiqin — 2025-03-15

The rapid advancement of digital technology has significantly influenced both conventional and Islamic financial systems. Regulatory frameworks for these systems differ, reflecting the unique characteristics of Islamic finance. Indonesia and Malaysia, as Muslim-majority countries, have drawn international attention for their roles in developing the Islamic financial industry. Effective growth of this industry requires robust regulatory support to achieve its objectives, particularly in advancing financial technology. This study investigates the regulatory frameworks of Indonesia and Malaysia to determine their adequacy in addressing challenges and supporting Islamic financial technology development. Using a normative legal research method, this study analyzes legal norms and regulations from both countries, supported by references from books, journals, articles, and statutory provisions on Islamic financial technology. The findings reveal that the regulatory systems in Indonesia and Malaysia differ significantly and are not yet fully capable of fostering the progressive growth of Islamic financial technology. The study concludes with recommendations for enhancing regulatory frameworks to ensure they accommodate rapid technological advancements while maintaining the principles of Islamic finance. These insights provide valuable guidance for policymakers and stakeholders in navigating the evolving landscape of Islamic fintech