Journal of Law, Politic and Humanities (JLPH) from Volume 5 Number 2 of 2024 to Volume 10 Number 1 of 2029 Accredited Sinta Rank 3 according to Accreditation number: 295/C/C3/KPT/2026, February 3rd, 2026. Journal of Law, Politic and Humanities (JLPH) is a research journal in the field of Law, Humanities, and Politics published since 2020 by Dinasti Research Publisher under the auspices of the Yayasan Dharma Indonesia Tercinta (DINASTI) and Universitas Winaya Mukti (UNWIM) Bandung. This journal aims to disseminate research results to academics, practitioners, students, and other parties with an interest in the field of law. The editor accepts manuscripts that have never been published by other media. Published research is the personal opinion of the researcher and not the opinion of the editor or Dinasti Research. The journal is published periodically 6 (six) times a year. The selection of articles to be published in JLPH has gone through a review process by the editorial team taking into account the following matters: Fulfillment of the requirements for journal publication standards, research methods used, significance, and contribution of research results to the development of Law and Social Sciences.
Authors who publish their manuscripts in this journal agree to the following conditions: The copyright on each article belongs to the author(s). The author acknowledges that the Journal of Law, Poliitic and Humanities (JLPH) has the right to be the first to publish with a Creative Commons Attribution 4.0 International license (Attribution 4.0 International (CC BY 4.0). Authors can submit articles separately, arrange for the non-exclusive distribution of manuscripts that have been published in this journal into other versions (e.g., sent to the author's institutional repository, publication into books, etc.), by acknowledging that the manuscript has been published for the first time in the Journal of Law, Poliitic and Humanities (JLPH).
Recognition of Customary Law in the Perspective of Legal Politics: A Study of Weak Legal Pluralism in Dayak Society
This study examines the relationship between legal pluralism and legal politics in the recognition of customary law in Indonesia, which remains conditional in practice. The background of this research lies in the diversity of legal systems in Indonesia that creates legal pluralism, while the state continues to exercise control through its legal policies. The novelty of this study is reflected in its critical analysis of the ambiguity of customary law recognition, particularly through the concept of weak legal pluralism as observed in the practices of Dayak indigenous communities in Kalimantan. This research employs a normative legal method using statutory and conceptual approaches. The findings reveal that although Article 18B paragraph (2) of the 1945 Constitution constitutionally recognizes indigenous peoples, such recognition is limited by the conditions “as long as they still exist” and “in accordance with the principles of the Unitary State of the Republic of Indonesia,” which position customary law as subordinate to state law. In practice, customary law continues to function in dispute resolution but requires formal validation from the state. Therefore, a reorientation of legal politics is needed to ensure that the recognition of customary law is not merely formal but also substantive, providing greater autonomy to indigenous communities.
Copyright (c) 2026 Aisyah Nurhalisha Mursyida, Surya Sukti, Mustar https://creativecommons.org/licenses/by/4.0
Implementation of Domestic Waste Management Policy in Batam City: Weimer And Vining Perspective
The city of Batam faces challenges in managing domestic waste, marked by an increase in unmanaged waste. In response, the Batam City Government has issued Batam Mayor Regulation No. 5 of 2023 concerning Regional Policies and Strategies for the Management of Household Waste and Household-like Waste, which serves as a reference for domestic waste management. However, the situation on the ground shows that the waste problem has not yet been resolved. This study aims to examine the factors that influence the implementation of this policy, using the policy implementation theory perspective of Weimer and Vining (2010), which examines the aspects of policy logic, support, essential elements, and implementer capabilities. This study uses a qualitative approach with data collection techniques through in-depth interviews, observations, and document analysis at the Batam City Environment Agency. The results of the study show that, logically speaking, the policy has not yet achieved its objectives. Political support exists, but financial support is still limited, as is technological support. Essential elements such as the transport fleet are not in prime condition, and landfill infrastructure is also limited. The implementers' capabilities are good and there is a clear division of roles. Recommendations that can be suggested are routine supervision and monitoring by environmental management agencies regarding policy implementation, improvement of waste handling and management infrastructure, and increased support and stakeholder participation through public-private partnerships and corporate CSR participation in domestic waste management.
Copyright (c) 2026 Ni Made Oveta Annisya, Ida Widianingsih, Budhi Gunawan https://creativecommons.org/licenses/by/4.0
Doctor's Responsibilities With the Issuance of A Health Certificate Based on Law and Medical Ethic
This study examines the responsibilities of doctors in issuing health certificates, which often become a source of legal and ethical issues. The background of the problem is the importance of health certificates as administrative documents that can influence various decisions, yet specific regulations regarding their issuance have not been deeply regulated. The objective of this research is to analyze the responsibilities of doctors in issuing health certificates based on Indonesian law and medical ethics. The research method used is normative juridical by examining secondary legal materials. The results indicate that a doctor's responsibilities encompass ethical, professional, and legal aspects (administrative, civil, criminal). Violations can result in ethical, administrative, civil, or criminal sanctions. In conclusion, doctors must issue health certificates accurately, honestly, and based on careful medical examinations, in accordance with the law and professional ethics to avoid harm to related parties and legal claims.
Copyright (c) 2026 Yulia Susanti, Busyra Azheri, Yussy Adelina Mannas, Muhammad Hasbi, Syofirman Syofyan https://creativecommons.org/licenses/by/4.0
Normative Juridical Analysis of the Validity of Regulations on the Establishment of Merah Putih Village Cooperatives in the Perspective of the Hierarchy of Laws and Regulations in Indonesia
This study aims to analyze the legal validity of the regulations governing the establishment of the Merah Putih Village Cooperative within the framework of the hierarchy of laws and regulations, as well as to examine normative disharmony between cooperative law and village governance regulations. This policy is driven by Presidential Instruction No. 10 of 2025, supported by Ministerial Regulations of Village Affairs and the Ministry of Finance concerning the use and management of village funds, which raises juridical issues related to legitimacy and regulatory authority. This research employs a normative legal method using statutory and conceptual approaches. Legal materials are analyzed qualitatively through legal interpretation to assess the conformity of norms within the legal system. The results indicate that although the regulations have a strategic objective in strengthening the village economy, they remain juridically problematic. The Presidential Instruction does not have generally binding legal force, while ministerial regulations are limited in scope and cannot establish new legal norms. Vertical disharmony with the Village Law and horizontal disharmony among regulations on village funds are also identified, potentially leading to legal uncertainty in policy implementation. This study concludes that regulatory harmonization and stronger legal foundations are necessary to ensure clear legitimacy in the establishment of village cooperatives.
Copyright (c) 2026 Fitri Elfiani https://creativecommons.org/licenses/by/4.0
Juridical Analysis of the Determination of Suspects and Asset Recovery Efforts at the Lebong Resort Police (Case Study on the Investigation of Corruption Crimes PIID-PEL in Sukau Kayo Village, Lebong Atas District, Lebong Regency, Fiscal Year 2019)
The investigation process of the corruption case of the Pilot Incubation of Village Innovation-Local Economic Development (PIID-PEL) in Sukau Kayo Village for the 2019 Fiscal Year has established three suspects and seized cash amounting to Rp.71,000,000 (seventy-one million rupiah). The objectives of this research are: (1). To understand the process of evaluating evidence to determine suspects in corruption cases, and (2). To understand how investigators from the Anti-Corruption Unit of the Lebong Police Criminal Investigation Unit attempt to recover assets from corruption in the investigation of the PIID-PEL activities of the Ministry of Villages, Development of Disadvantaged Regions, and Transmigration of the Republic of Indonesia in Lebong Atas District, Lebong Regency, Fiscal Year 2019. The type of research is empirical research. Using qualitative methods. Data collection was conducted thru in-depth interviews and secondary data collection. The results of this study show: (1) The process of evaluating evidence to establish a suspect in this case is carried out by investigators and assistant investigators who assess 4 (four) pieces of evidence in the form of witness statements, expert testimony, documents, and the suspect's statement. The evaluation results indicate that the legal subject is reasonably suspected and strongly presumed to have committed a corruption crime. (2) The method used by the Corruption Eradication Unit of the Lebong Police Criminal Investigation Unit in efforts to recover assets from corruption crimes (Asset Recovery) at the investigation stage is by conducting asset tracing, where the results of the asset tracing activities provide information about the flow of money, and the investigator makes efforts to seize the assets.
Copyright (c) 2026 Ikhram Nur Azan https://creativecommons.org/licenses/by/4.0
Victimology Review Of Victims Of Criminal Acts Of Destruction Of Goods (Case Study Decision Number: 247/Pid.B/2023/PN.Grt)
The method for research uses normative juridical concepts. Protection in Law no. 13 of 2006 is interpreted as all efforts to fulfill rights and assistance to provide a sense of security to witnesses and/or victims which must be implemented by LPSK or other institutions in accordance with the provisions of this Law. The important role of witnesses and victims in bringing light to a criminal case means it is also important to provide protection for these witnesses and victims. In terms of victimology, victims are seen as very important in resolving cases (judge decisions), because victims are people who play a direct role when a crime occurs. Then there are protection efforts and rights provided by Victimology to victims. Legal protection for victims in Victimology studies is legal protection in the form of restitution and compensation, counseling protection and legal aid. Protection of crime victims is part of the legal protection of Indonesian citizens. The victim's right to justice is a human right of every person who has the right to support, recognition, protection and fair treatment as well as ensuring the supremacy of law and equal treatment before the law.
Copyright (c) 2026 Nining Yurista Prawitasari, Muhammad Zulkarnaen Dharmawi, Sifah Faujiah https://creativecommons.org/licenses/by/4.0
Chemical Castal as an Additional Criminal Act Reviewed from the Principle of Proportionality in Criminal Imposition by Judges (Study of Court Case Decision Number: 858/Pid.Sus/2022/PN Bjm)
Sexual violence against children is an extraordinary crime that causes profound physical, psychological, and social harm to the victims. In response to such crimes, Indonesia introduced chemical castration as an additional punishment under Law Number 17 of 2016. This form of punishment has sparked controversy, especially when analysed through the lens of the principle of proportionality in criminal law. This study aims to analyse the judge’s legal considerations in imposing chemical castration as an additional punishment on the perpetrator of child sexual violence in Court Decision Number 858/Pid.Sus/2022/PN Bjm, and to assess its compatibility with the principle of proportionality. This research employs a normative juridical method and case approach, using qualitative analysis of primary and secondary legal materials. The findings indicate that the judges considered legal, sociological, and philosophical aspects in sentencing, including the severity of the crime, the parent-child relationship between the perpetrator and the victim, and the risk of recidivism. Although chemical castration is legally permissible and aims to deter reoffending while protecting children, its application must still adhere to the principle of balance between the gravity of the crime and the punishment imposed. This study concludes that, in this case, chemical castration as an additional punishment satisfies the principle of proportionality but requires ongoing supervision to ensure it does not violate human rights and the principles of justice.
Copyright (c) 2026 Teni Kurnia https://creativecommons.org/licenses/by/4.0
Reconstructing the Sentencing Framework for Minor Offenses through Restorative Justice: Toward Substantive Justice
This study examines the reconstruction of the sentencing framework for minor offenses through a restorative justice approach to advance substantive justice. The Indonesian criminal justice system remains predominantly retributive, prioritizing punitive sanctions while insufficiently addressing victim restoration, social reconciliation, and community-based justice values. This orientation creates a persistent gap between formal legal certainty and the realization of substantive justice, particularly in minor criminal cases where proportionality and social harm are limited. This research aims to develop an integrative sentencing framework that systematically embeds restorative justice as a central paradigm. A normative juridical method is employed, incorporating statutory, conceptual, and comparative approaches to critically analyze existing legal frameworks and institutional practices. The findings reveal that the implementation of restorative justice in minor offenses remains fragmented, sectoral, and lacks systemic coherence within the national criminal law system. To address this limitation, this study proposes a reconstructed sentencing framework grounded in four key dimensions: regulatory reform, institutional harmonization among law enforcement agencies, transformation of legal actors’ paradigms, and recognition of living law as a legitimate normative foundation. This study offers a structured model that repositions restorative justice from a complementary mechanism to a core component of the sentencing system. This study contributes to the advancement of criminal law theory and practice by bridging retributive and restorative approaches within a unified framework. The proposed model is expected to enhance victim recovery, strengthen offender accountability, and promote community participation, thereby advancing the realization of substantive justice.
Copyright (c) 2026 Siska Amelya https://creativecommons.org/licenses/by/4.0
Law Enforcement Against Cybercrime From The Perspective of The Rule of Law
The development of information and communication technology has transformed the nature of crime, positioning cybercrime as a complex, cross-border phenomenon that challenges conventional legal frameworks. This research aims to examine the effectiveness of law enforcement against cybercrime in Indonesia and identify the main problems from the perspective of the rule of law, particularly regarding the relationship between legal substance and law enforcement implementation. This study employs a normative juridical method enriched with a limited socio-legal approach, through analysis of legislation, legal concepts, and case studies, supported by secondary empirical data. The focus of the study is directed toward three main aspects: evaluation of cyber law regulations, analysis of implementation constraints in law enforcement, and formulation of comprehensive strengthening strategies. The research findings indicate that the ineffectiveness of cybercrime law enforcement in Indonesia is not solely due to weaknesses in legal substance, but rather multidimensional gaps between the normative framework and implementation reality. Despite legislative advancements through amendments to the Electronic Information and Transactions Law, the enactment of the new Criminal Code, and the ratification of the Personal Data Protection Law, issues of regulatory fragmentation, normative ambiguity, and weak harmonization persist. At the implementation level, law enforcement effectiveness is hindered by limitations in digital forensic technical capacity, institutional fragmentation, weak inter-agency coordination, and jurisdictional challenges in handling transnational cybercrime. This research argues that the core problem lies in the lack of synchronization between legal substance and institutional capacity, which undermines key rule-of-law principles such as legal certainty, due process of law, and human rights protection. Therefore, strengthening cyber law enforcement requires a holistic and systematic approach through adaptive regulatory renewal, enhanced institutional capacity, and strengthened international cooperation. The paradigm of cyber law enforcement in Indonesia needs to shift from a purely normative approach to an integrated model that balances regulatory aspects, institutional capacity, and preventive strategies, including digital literacy enhancement, to respond to the evolving dynamics of cybercrime.
Copyright (c) 2026 Adisti Zahra Qohirunnisa, Ellen Marina Stevany Siregar, Fanisha Adinda https://creativecommons.org/licenses/by/4.0
Corporate Social Responsibility Model of The Tobacco Industry in Supporting Economic Development iThis study examines the implementation of Corporate Social Responsibility (CSR) by the tobacco industry as a strategic instrument for supportin Kudus Regency
This study examines the implementation of Corporate Social Responsibility (CSR) by the tobacco industry as a strategic instrument for supporting regional economic development and enhancing community welfare in Kudus Regency. The object of this research is the CSR practices of tobacco companies and their impact on community empowerment and local economic independence in a region highly dependent on the tobacco sector. This research employs a descriptive qualitative method with a socio-juridical approach. Data were collected through literature review and field research involving local government officials, tobacco companies, and community beneficiaries. The study also analyzes the conformity of CSR implementation with applicable legal regulations. The findings reveal that CSR implementation by the tobacco industry in Kudus Regency has been conducted in accordance with the legal framework and contributes significantly to community welfare and regional economic development. CSR programs include community empowerment, MSME development, BUMDes training, educational infrastructure improvement, and strengthening of the local economy. The role of local government as a facilitator enhances program effectiveness. In conclusion, CSR in the tobacco industry not only fulfills legal obligations but also functions as a collaborative and sustainable model for regional economic development oriented toward community economic independence.
Copyright (c) 2026 Lidya Christina W, Suparnyo; Dwiyana Achmad H, Wahyu Edy Amrulloh, Nandha Surya P; Kathya Irsmi Sufa https://creativecommons.org/licenses/by/4.0
Bullying Among Students in Bengkulu City : A Perspective from the Differential Association Theory
Violence such as bullying often occurs in the school environment, which should be a safe place to get protection. The number of bullying cases that occur among students has spread to all regions in Indonesia, including Bengkulu city. This shows that it is important to carry out comprehensive enforcement and that specific regulations are needed to prevent, protect, and resolve bullying. The problems in this study focused on the forms and characteristics of bullying behaviour that occurred and the factors that caused bullying by being analysed through differential association theory to be able to solve those problems by analysing it with the theory. This study uses a type of empirical research with the data sources used as primary data derived from interviews and questionnaires and secondary data in the form of literature studies. The results of the study found that the form of bullying that often occurs among students in Bengkulu City is verbal bullying with behavioural characteristics in the form of calling other students with abusive nicknames and being used as funny material, threatening and forcing someone, mocking and calling parents names. The factor that causes students to bully is because the family and environment have a negative impact on the character of students. In terms of differential association theory, these factors are in accordance with several propositions in theory, so students tend to study bullying behaviour from the surrounding environment.
Copyright (c) 2026 Safira Wulansari Ramdhan, Helda Rahmasari, Randy Pradityo https://creativecommons.org/licenses/by/4.0
Factors Causing Incest with Child Victims in North Bengkulu Regency
Incest is defined as sexual intercourse between partners who are closely related, such as father and daughter, mother and son or between biological family members. Incest is referred to as a “blood desecration” event because it can give birth to children who are physically and mentally disabled. This problem requires serious attention from various parties, so it is necessary to conduct an in-depth study related to the factors that cause incest with child victims in North Bengkulu Regency and efforts to overcome them. This study aims to determine and describe the factors that cause incest with child victims in North Bengkulu Regency, as well as to determine and describe how the countermeasures are carried out. The research method used is descriptive empirical legal research. The research was conducted at RSJK Soeprapto Bengkulu Province, North Bengkulu Police, Argamakmur District Court, North Bengkulu District Attorney and Argamakmur Class IIB Correctional Institution. The results showed that the factors causing incest in North Bengkulu Regency include individual factors, emotional factors, situation or opportunity factors and low education factors. Efforts to overcome incest that have been made apply preventive efforts and repressive efforts. Preventive efforts include mental health support for parents, counseling to the community, and supervision of community behavior. Meanwhile, repressive efforts are carried out by law enforcement officials, namely the police, prosecutors, and courts by imposing strict sanctions in the form of prison sentences at the Argamakmur Class IIB Correctional Institution to provide a deterrent effect for the perpetrators.
Copyright (c) 2026 Syalsa Nurafifah Yultira https://creativecommons.org/licenses/by/4.0
An Analytical Study on the Legal Protection of Bank Employees from the Perspective of Indonesian Labor Law
Employee suspension in the banking sector constitutes an administrative measure that creates legal ambiguity within Indonesia’s labor law system, particularly regarding the status of the employment relationship during the suspension period. This condition directly affects employees’ normative rights, including wages, social security, health protection, and employment continuity. In practice, suspension is commonly imposed in cases involving alleged ethical violations, indications of fraud, or the need for internal investigations in accordance with regulations of the Financial Services Authority. This study aims to analyze the legal status of suspended employees under Indonesian labor law and related regulations, as well as to examine the obligations of employers in ensuring fair protection of employees’ rights. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that suspension does not constitute termination of employment but rather a temporary suspension of work obligations, thereby maintaining the legal employment relationship. Consequently, employees remain entitled to wages and social protection. The absence of specific regulations creates legal gaps that may disadvantage employees. This study recommends the establishment of specific regulations to ensure legal certainty and balanced protection for both parties.
Copyright (c) 2026 Andi Muh. Fatwal, Nurul Miqat, Anshar Anshar https://creativecommons.org/licenses/by/4.0
Legal and Ethical Debate on Escorts on Public Roads: A Comparative Case Study
Abstract: This research provides an extensive inquiry into the systemic conflict between judicial mandates and administrative finality within the Indonesian electoral justice system. By focusing on the high-profile disqualification and subsequent legal reinstatement of DPD candidate Irman Gusman, this study dissects the implementation of the principle of legal certainty (asas kepastian hukum) amidst the rigid progression of election stages. Using a normative-juridical framework, the paper evaluates the Jakarta State Administrative Court’s (PTUN Jakarta) findings regarding procedural maladministration and substantive misinterpretations of criminal law by the General Election Commission (KPU). Furthermore, it explores the broader implications of institutional resistance, where the KPU utilized the "non-executable" doctrine to ignore a final and binding court order. The eventual resolution through the Constitutional Court’s (MK) intervention, which ordered a province-wide re-vote, serves as a testament to the high cost of administrative disobedience. This study concludes that the lack of synchronization between judicial timelines and logistical calendars creates a "crisis of certainty" that requires urgent legislative reform to ensure that the rule of law (rechtsstaat) remains the ultimate arbiter of democratic eligibility.
Copyright (c) 2026 Muhammad vino Sebastian, Ali Faza Akmala, Muhammad Farrel Arrizky Torin, Ronald Christyanto Soegiarto https://creativecommons.org/licenses/by/4.0
Decline of Local Democracy: Legal Vacancies, Non-Ideological Coalitions, and the Phenomenon of Single Candidates in Regional Elections in Indonesia
The consolidation of democracy in post-Reform Indonesia is currently facing an "illiberal turning point" that systematically erodes the essence of people's sovereignty at the local level through manipulative legal engineering. The urgency of this research is based on the institutional paradox due to the synchronization of the 2024 Simultaneous Regional Elections which triggered mass vacancies and the strengthening of elite hegemony. This study aims to analyze the dialectic of power recentralization through the appointment of Acting Regional Heads, the construction of the doctrine of factual tenure based on the Constitutional Court Decision Number 132/PHPU. BUP-XXIII/2025, as well as the challenges of political cartelization to elite circulation and freedom of choice The main findings of this study show the existence of a "triad of democratic regression" which includes: (1) a crisis of sociological legitimacy due to the appointment of 271 acting regional heads that are centralistic and closed; (2) the establishment of the doctrine of factual tenure as an instrument of substantive justice to prevent the manipulation of tenure by incumbents; and (3) the anomaly of political party cartelization that actually consolidates giant coalitions to create a single candidate even though the nomination threshold has been lowered through the Constitutional Court Decision Number 90/PUU-XXIII/2025. These findings contribute to the understanding that current legal norms tend to be used as instruments of political exclusion to maintain the status quo of the elite. The conclusion of the study confirms that local democracy is undergoing a substantial erosion into just an administrative plebiscite. The implication is that it demands a more strict revision of the Election Law and total transparency in the mechanism for appointing officials. The suggestion for further research is to conduct an empirical evaluation of bureaucratic neutrality under the leadership of the acting and the effectiveness of civil society movements in fighting electoral monopolies.
Copyright (c) 2026 Romadhony Putra Pratama, Vieta Imelda Cornelis, Sri Astutik, Nur Handayati, Isnawati https://creativecommons.org/licenses/by/4.0
Legal Protection of BP Batam Port Assets from the Perspective of the Security Directorate
Abstract: This article examines the legal protection of BP Batam’s port assets from the perspective of the Security Directorate (Ditpam), focusing on civil liability, administrative safeguards, and coordination. Batam’s port infrastructure forms part of a strategic free-port regime and therefore constitutes state assets essential to logistics, investment, and connectivity. The study asks how the legal status of those assets is constructed, how Ditpam functions within the institutional framework, and what legal remedies are available when assets are damaged, occupied, misused, or exposed to governance failures. The research employs a normative juridical method based on statutory, conceptual, and institutional analysis, supported by official reports and relevant empirical materials. The analysis shows that BP Batam’s port assets enjoy a relatively strong legal foundation because they form part of state property managed under a special regulatory regime. Nevertheless, effective protection depends not only on formal ownership status but also on security supervision, orderly land administration, lawful asset utilization, and timely coordination with other authorities. The article concludes that legal protection will remain incomplete unless regulatory clarity, institutional capacity, and governance accountability are strengthened simultaneously.
Copyright (c) 2026 Bahtiar Bahtiar, Dwi Afni Maileni, Agus Riyanto, Rizki Tri Anugrah Bhakti https://creativecommons.org/licenses/by/4.0
Comparison of Murder Criminal Law Based on Indonesia Criminal Law and Islandia Criminal Law
Murder in Indonesia is still rampant, over the past four years there has been an increase in murder in Indonesia. In the context of comparative countries, an interesting country to compare is Islandia, because Islandia is the country with the lowest murder crime rate in the world. Therefore, this legal research aims to determine the substance of the crime of murder based on the Criminal Law in Indonesia and the Islandia Criminal Law and to determine the criminal policy towards the crime of murder in Indonesia in the future. This research is a normative legal research using a statute approach, a comparative approach, and a conceptual approach. The legal materials used in writing this law are primary, secondary, and tertiary legal materials. Primary legal materials are in the form of the Indonesian Criminal Code and the Islandia penal code while secondary legal materials are in the form of journals, theses, books, the internet, and tertiary legal materials are in the form of the Big Indonesian Dictionary, the Legal Dictionary, and scientific reports related to criminal law and the crime of murder. The legal material collection technique used is library research, and the legal material analysis technique uses the deductive method.
Copyright (c) 2026 Ressi Nulastri https://creativecommons.org/licenses/by/4.0
Digital Evidence And Its Challenges In Indonesian Civil Law
Abstract This research was conducted with the aim of finding out the legal basis, challenges and legal solutions faced in digital evidence in electronic contract disputes in Indonesia. The type of research used in this research is normative legal research using statutory and conceptual approaches. The results of this research show that: 1) The legal basis for digital proof of electronic contract disputes is regulated in the ITE Law and the Civil Code. The ITE Law is regulated in Article 1 paragraph (17) and Article 5 paragraph (1). Meanwhile, the Civil Code is regulated in Article 1320, Article 1338 and Article 1866 of the Civil Code. 2) The challenges of digital proof of electronic contract disputes include three aspects, namely: The judicial aspect (judges are still hesitant in considering authentic electronic documents as valid evidence), the technical aspect (it is difficult to guarantee the authenticity of data without special expertise), and the legal aspect (there are no formal rules in civil procedural law regarding procedures for electronic proof). The solutions that can be implemented are by strengthening the capacity and technical guidelines for law enforcement officials, strategic efforts are needed to ensure the authentication, integrity and reliability of electronic evidence presented at trial, as well as reformulating civil procedural law and harmonizing other regulations relating to electronic evidence.
Copyright (c) 2026 Heru Sunardi, Jamaludin Jamaludin, Moh. Asyiq Amrulloh, Dewi Hikmayatun Ulya https://creativecommons.org/licenses/by/4.0
Application of the Principles of Legality and Due Process of Law in the Indonesian National Police Personnel Dispute: A Legal Analysis of the Jakarta Administrative Court Decision Number 50/G/2020/PTUN.JKT
Penelitian ini bertujuan untuk menganalisis apakahpenerbitan keputusan tersebut telah memenuhi asas legalitasdalam hukum administrasi negara serta apakah proses pemeriksaan dan penerbitannya telah mencerminkan prinsipdue process of law dan memberikan perlindungan hukum yang adil bagi pihak yang bersangkutan. Metode yang digunakanadalah penelitian hukum normatif dengan pendekatanperaturan perundang-undangan, pendekatan kasus, dan pendekatan konseptual melalui analisis putusan pengadilan, peraturan perundang-undangan, dan literatur hukumadministrasi negara. Hasil penelitian menunjukkan bahwasecara kewenangan formal keputusan tersebut telah memilikidasar hukum yang sah, namun terdapat indikasi kelemahanpada aspek prosedural dan substansial yang berpengaruhterhadap penerapan asas legalitas secara utuh. Selain itu, proses pemeriksaan dinilai belum sepenuhnya mencerminkanprinsip due process of law karena terdapat kekurangan dalampemenuhan hak untuk didengar, transparansi, sertaobjektivitas pemeriksaan. Kesimpulan penelitian inimenegaskan bahwa penerapan asas legalitas dan due process of law dalam perkara PTDH tersebut belum sepenuhnyaterpenuhi secara optimal dalam praktik administrasikepolisian. The study aims to analyze whether the issuance of the decision complies with the principle of legality in administrative law and whether the examination and decision-making process reflects due process of law and provides fair legal protection for the concerned individual. This research uses a normative legal method with statutory, case, and conceptual approaches by analyzing court decisions, relevant legislation, and legal literature in administrative law. The findings indicate that while the decision has a valid formal legal basis in terms of authority, there are indications of deficiencies in procedural and substantive aspects affecting the full application of the principle of legality. In addition, the examination process does not fully reflect due process of law due to shortcomings in the right to be heard, transparency, and objectivity of the proceedings. The study concludes that the implementation of both the principle of legality and due process of law in this dismissal case has not been optimally fulfilled in police administrative practice.
Copyright (c) 2026 Anastasia Cordelia, Sabina Abigail Matulandi, William Lawira, Dwi Putra Nugraha https://creativecommons.org/licenses/by/4.0
The Role Of Visum Et Repertum In Domestic Violence Cases: A Case Study Of Decision Number 310/Pid.Sus/2025/Pn Ckr
Domestic violence in Indonesia poses serious evidentiary challenges due to minimal independent witnesses and its occurrence within private family spaces. Visum et Repertum (VeR), as a medico-legal document, plays a strategic role in the criminal evidence system by providing objective proof of physical violence. This study analyzes VeR’s role in proving domestic violence cases, identifies implementation obstacles, and examines judicial considerations based on Decision Number 310/Pid.Sus/2025/PN Ckr. A normative juridical approach with case study method was employed, analyzing secondary legal materials through prescriptive-analytical qualitative analysis. The findings reveal that VeR performs essential functions in objectively documenting injuries, connecting wound characteristics with instruments of violence, strengthening victim testimonies, and serving as a primary judicial consideration in establishing the elements of Article 44 paragraph (1) of the Domestic Violence Elimination Law. In this case, VeR formed a coherent evidentiary construction with witness testimonies and physical evidence, resulting in an eight-month imprisonment sentence for the perpetrator.
Copyright (c) 2026 Choralisa Eliagita, Herlita Eryke https://creativecommons.org/licenses/by/4.0
Exploring The Experiences Of Sexual Abuse Victims In The Forensic Examination Process At The Rejang Lebong Regional Public Health Facility
This study examines the experiences of child and adolescent sexual abuse victims during the forensic examination process at health facilities in Rejang Lebong. Sexual violence against children is a serious and complex problem that requires a multidisciplinary approach to its handling. Based on in-depth interviews and prior literature, it was found that the forensic examination process frequently causes deep psychological trauma to victims, particularly when procedures are conducted invasively and without adequate empathy. Many victims reported feeling afraid, anxious, and disrespected, especially when officers failed to apply a trauma-informed approach or to maintain their privacy. Their experiences highlight the critical need for humane services characterized by empathetic communication and comfortable, safe facilities. The findings indicate that conducting examinations in a sensitive, transparent manner that respects human rights is essential for reducing ongoing trauma and strengthening victims' trust in the legal system and healthcare services. Trauma-informed care approaches, continuous training for personnel, and improvements to facilities and awareness of victims' rights are proposed as principal strategies to ensure that the forensic process is conducted humanely and effectively. Overall, this study underscores the importance of a trauma-informed approach within the healthcare system and law enforcement to protect the human rights of victims and minimize the long-term effects of trauma
Copyright (c) 2026 Nova Kristi Fransiska, Herlita Eryke, Marliz Tarmizi https://creativecommons.org/licenses/by/4.0
Normative Analysis of the Implementation of Murabahah Contracts in Consumer Financing at Islamic Banks
Islamic banking in Indonesia has shown rapid growth, with murabahah contracts emerging as the dominant financing instrument, accounting for more than 60% of the total financing portfolio. Murabahah is preferred due to its simplicity and relatively low risk. However, its implementation in practice often deviates from normative provisions. Key issues include a lack of transparency in profit margins, the bundling of additional costs, and weak real ownership of goods by the bank. This study aims to analyze the application of murabahah contracts in consumer financing within Islamic banks from the perspective of positive law and the principles of fiqh muamalah. The research employs a normative juridical method, using primary legal sources (Law No. 21 of 2008, DSN-MUI Fatwa No. 04/2000, and PSAK Syariah No. 102), secondary legal materials (fiqh muamalah literature and Sinta 2/3 indexed journals), and tertiary materials. The analysis is conducted through statutory, conceptual, and comparative approaches. The findings indicate a gap between regulation and practice: banks often do not bear the risks associated with ownership of goods, causing murabahah contracts to lose their fundamental nature as sale-and-purchase agreements and resemble conventional credit schemes. The legal implications extend beyond maladministration to potential violations of sharia principles, which may render the contract fasid (defective). This study recommends strengthening murabahah governance through ownership audits and enhanced margin transparency, so that murabahah practices can better reflect maqasid al-shariah and improve public trust in Islamic banking.
Copyright (c) 2026 Dini Marissa, Budi Abdullah https://creativecommons.org/licenses/by/4.0
The Urgency of Strengthening Pretrial Mechanisms in Controlling Coercive Measures within the Indonesian Criminal Justice System
This study is grounded in the growing concern over the limited effectiveness of pretrial mechanisms in supervising coercive measures exercised by law enforcement, which may lead to violations of individual rights and abuse of authority. The research aims to analyze normative weaknesses in the regulation of pretrial proceedings and to formulate a strengthened model of judicial control within the Indonesian criminal justice system. This study employs a normative legal research method using statutory, conceptual, and case approaches, with legal materials derived from primary sources such as the Criminal Procedure Code, relevant laws, and constitutional court decisions, as well as secondary legal literature, all examined through a normative and interpretative legal analysis. The results indicate that despite the expansion of pretrial objects through constitutional interpretation, significant gaps remain in evidentiary standards, judicial authority, and procedural safeguards. This research offers a novel framework by proposing a more substantive and procedural strengthening of pretrial mechanisms aligned with the principles of due process of law. It concludes that reinforcing pretrial institutions is essential to ensure legal accountability and the protection of fundamental rights within the criminal justice system.
Copyright (c) 2026 Imron Rosyadi https://creativecommons.org/licenses/by/4.0