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 In 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
The Abuse of Freedom of Speech in the Digital Era: Social Media in the Perspective of Constitutional Law
Freedom of expression in digital spaces confronts increasingly complex constitutional challenges as social media becomes the dominant arena of contemporary public discourse. This study examines the abuse of expressive freedom on social media through a constitutional law framework, integrating normative-doctrinal analysis with multistakeholder empirical inquiry. The primary theoretical contribution lies in the construction of a constitutionally grounded analytical framework that evaluates digital speech regulation against the principles of lex certa, proportionality, and legal certainty as mandated by the 1945 Indonesian Constitution. The study engaged 25 purposively selected respondents across four strategic groups social media users, law enforcement officials, legal practitioners, and constitutional law academics to ensure normative depth alongside implementation insight. Findings reveal a constitutionally significant gap between the expressive freedom guarantees under Article 28E and the operational realities of ITE Law enforcement. The statute demonstrably produces structural chilling effects that suppress constitutionally protected expression, violates the proportionality standard embedded in Article 28J, and fails the lex certa threshold due to its high degree of normative ambiguity. This study argues that meaningful digital regulatory reform demands not merely technical revision but a paradigmatic reorientation that repositions freedom of expression as a primary constitutional value rather than a residual concession. A hybrid governance model integrating regulatory oversight with community-based moderation mechanisms, anchored within a coherent constitutional framework, is proposed as a principled and sustainable solution.
Copyright (c) 2026 Ridwan Syaidi Tarigan, Antonius Felix https://creativecommons.org/licenses/by/4.0
An Analysis of Digital Institutional Capacity and Personal Data Protection Policy Implementation in Indonesia : A Systematic Literature Review
This study conducts a systematic literature review to examine institutional capacity in the implementation of personal data protection policy, with particular reference to Indonesia’s Ministry of Communication and Digital Affairs (Komdigi). Despite the enactment of Law Number 27 of 2022 on Personal Data Protection, persistent data breaches and institutional fragmentation raise critical questions about the readiness of public institutions to enforce such policy. Utilizing the PRISMA 2020 protocol, this review identifies and synthesizes 27 peer-reviewed articles published between 2023 and 2025 from Scopus, Cambridge, and Taylor & Francis databases. The analysis reveals four principal themes: structural and regulatory capacity, human resource and technological capacity, inter-institutional coordination, and institutional values and ethics. Findings indicate that effective data protection governance depends not merely on the existence of legal frameworks but on the adaptive, coordinative, and ethical capacities of implementing institutions. The review further highlights significant gaps in longitudinal research and calls for deeper empirical investigation into how digital institutional capacity shapes policy outcomes in developing countries.
Copyright (c) 2026 Abednego Briantama, Muhamad Yopan https://creativecommons.org/licenses/by/4.0
Implementation of Free Universal Health Coverage (UHC) by the Social Security Administering Body (BPJS) Reviewed From the Perspective of Health Law
This study examines the implementation of free health insurance under the Social Security Administering Body (BPJS) within the framework of Universal Health Coverage (UHC) in Indonesia from a health law perspective. The main objective is to analyze the extent to which legal regulations governing BPJS are effectively implemented and aligned with the principles of justice, legal certainty, and legal protection. This research employs a normative juridical design, utilizing statutory and conceptual approaches. The data sources consist of secondary data, including laws and regulations, academic literature, and relevant policy documents, which are analyzed using qualitative descriptive methods. The findings indicate that although the legal framework supporting BPJS and UHC is relatively comprehensive, its implementation faces several challenges. These include inaccuracies in beneficiary data targeting, disparities in healthcare service distribution, administrative inefficiencies, and limited legal protection for both patients and healthcare providers. Such issues demonstrate a gap between normative legal provisions and practical realities, thereby hindering the optimal realization of UHC objectives. The study concludes that while free BPJS has significantly expanded healthcare access and reduced financial barriers, its effectiveness depends on improvements in governance, legal enforcement, and institutional coordination. Strengthening regulatory consistency, enhancing data systems, and improving service delivery mechanisms are essential to achieving equitable and sustainable healthcare. This research contributes to the development of health law and policy by providing recommendations to optimize UHC implementation in Indonesia.
Copyright (c) 2026 Susi Sulastri, N. Ike Kusmiati https://creativecommons.org/licenses/by/4.0
Legal Study on Mediation as an Alternative for Dispute Resolution in the State Administrative Court
The concept of a state based on the rule of law consistently places judicial instruments as the primary pillar in upholding justice and limiting government power to prevent it from falling into the abyss of arbitrariness. The State Administrative Court was established with a constitutional mandate to provide equitable legal protection for citizens against detrimental state administrative actions. However, the evolution of administrative justice practices in Indonesia shows a tendency towards highly formalistic, rigid, and time-consuming adjudication processes, resulting in a backlog of cases across various judicial units. Amid this procedural impasse, discourse on integrating mediation as an alternative dispute resolution method has begun to emerge, particularly following the enactment of Supreme Court Regulation Number 1 of 2016 on Mediation Procedures in Court. This journal comprehensively examines the paradigm, legal probability, and empirical reality of the application of mediation in the state administrative court environment. Through a juridical-normative and sociological-empirical approach, this study seeks to dissect the legal position of mediation in the landscape of administrative disputes and examine the determinants that hinder its operationalization in the field. The analysis indicates that, philosophically and normatively, mediation in the state administrative realm has a very promising foundation, rooted in the expansion of judicial authority and in legal loopholes in Supreme Court regulations. However, at the level of empirical implementation, efforts to realize restorative justice are hampered by a lack of technical procedural law, a law-enforcement culture that still adheres to the dogma of public-law rigidity, inefficient use of infrastructure, and minimal legal literacy among justice seekers. Therefore, a holistic judicial paradigm shift is needed, accompanied by the issuance of sectoral technical regulations to institutionalize the mediation process within the administrative justice system formally.
Copyright (c) 2026 Sulistyowati, Gusti Bintang Maharaja, M. Rahman https://creativecommons.org/licenses/by/4.0
Analysis of Weaknesses of Administrative Fine Regulations in Countering Illegal Cigarette Circulation in Mataram City
Analysis of the weaknesses of administrative fine regulations in countering the circulation of illegal cigarettes in Mataram City. This research is motivated by the still high circulation of illegal cigarettes in Mataram City even though law enforcement has been intensively carried out by the relevant authorities. This study aims to analyze the regulation of administrative fine sanctions in Law Number 39 of 2007 concerning Excise and examine the weaknesses of these regulations in providing a deterrent effect on violators. The research method used is normative juridical combined with an empirical approach through interviews and documentation studies. The results of the study show that the regulation of administrative fine sanctions is more oriented to the fiscal function, namely the recovery of state losses, rather than the function of deterrence against the perpetrators. In practice, the sanctions are not effective because the amount of the fine is not proportional to the perpetrator's profits, supervision is still limited, and the public's legal awareness is low. The conclusion of this study emphasizes that the weakness of administrative sanctions lies not only in the implementation, but also in the design of regulations that have not been able to accommodate the prevention function optimally.
Copyright (c) 2026 Syahrurrozi Rumenah, Diana Lukitasari https://creativecommons.org/licenses/by/4.0
The Evolution of Shariah Influence in Government Procurement of Goods and Services: Historical Growth and Legal Certainty of Contractor Payment
Government procurement of goods and services, as the largest instrument of state expenditure, must be imbued with divine values in accordance with Article 29 of the 1945 Constitution of the Republic of Indonesia, which in the context of Indonesia's Muslim majority population contains the potential for the integration of shariah principles. However, empirical reality demonstrates delayed contractor payments that disrupt cash flow and project continuity, as evidenced by the Waskita Karya case of 2023. This study aims to analyze the historical evolution of shariah principle influence in the Indonesian government procurement system and the extent to which its implementation provides legal certainty of payment for contractors. The research employs a normative legal research method with historical, statutory, and conceptual approaches, analyzing hierarchical regulations from the 1945 Constitution to implementing regulations using the theories of Savigny (historical jurisprudence), Radbruch (the purpose of law), and maqashid syariah (hifdz al-mal). The results demonstrate shariah evolution through four periods: the pre-regulation era (1973 to 1999, shariah vacuum), the reform era (2000 to 2007, independent regulation), SBSN integration (2008 to 2017, Law No. 19/2008), and expansion (2018 to the present, Government Regulation No. 16/2023). Substantive implementation is present through the State Treasury Law No. 1/2004, Ministry of Finance Regulation No. 145/2017 (advance payment), and Government Regulation No. 22/2020 (14-day limit), yet remains empirically problematic due to bureaucratic obstacles and weak enforcement. The study concludes that the pattern of gradual shariah penetration has succeeded in the financing domain (SBSN), but remains partial in the procedural domain. The recommendations include explicit codification of shariah contractual principles and late-payment sanctions for comprehensive legal certainty
Copyright (c) 2026 Gatot Supriyo, Dini Dewi Heniarti https://creativecommons.org/licenses/by/4.0
Fairness for Creditors in Bankruptcy Proceedings: Between Certainty and Economic Interests
This study aims to analyze the concept of creditor justice in bankruptcy proceedings in Indonesia, with a particular focus on the tension between legal certainty and economic interests. Bankruptcy, as a legal mechanism for debt settlement, often places creditors in an unequal position, especially in relation to the different classifications of creditors, namely secured creditors, preferred creditors, and unsecured creditors. This research employs a normative juridical method with statutory and conceptual approaches, referring to Law No. 37 of 2004 and relevant legal literature on bankruptcy and suspension of debt payment obligations (PKPU). The findings indicate that although the Indonesian bankruptcy system provides legal certainty through clear, structured, and relatively fast procedures, substantive justice for all creditors has not been fully achieved. This is reflected in the unequal distribution of bankruptcy assets, where unsecured creditors often occupy the most disadvantaged position. In addition, the PKPU mechanism, which is intended as a debt restructuring tool, also faces practical challenges, including the potential misuse by debtors acting in bad faith. These conditions demonstrate that the bankruptcy system still encounters difficulties in balancing legal certainty with economic fairness. Therefore, regulatory strengthening and improved supervision are required to create a more balanced, fair, and effective system that better protects the interests of all parties, particularly creditors.
Copyright (c) 2026 Imam Nurhadi, Huzaimah Al-Anshori, Ali Huristak Hartawan Hasibuan https://creativecommons.org/licenses/by/4.0
Juridical Analysis of the Application of Bankruptcy Requirements in Commercial Court Practice in Indonesia
This study sets out to analyze the practical implementation of bankruptcy requirements in Indonesia’s commercial courts, along with its impact on the legal safeguards available to both debtors and creditors. According to Indonesian law specifically Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations a bankruptcy petition requires at least two creditors and one payable debt that has matured. Adopting a normative juridical approach, the research draws on statutory and conceptual frameworks, and qualitatively examines primary, secondary, and tertiary legal sources. The results show that in commercial court practice, the enforcement of bankruptcy conditions tends to focus on formal criteria via the simple proof doctrine, often overlooking a comprehensive review of the debtor’s financial standing. This gives rise to several juridical issues, including the absence of an insolvency test, the potential misuse of bankruptcy as a pressure tool by creditors, and inconsistencies in court decisions interpreting “due and payable debt.” The implications reveal an imbalance in legal protection between debtors and creditors. Debtors are vulnerable to being declared bankrupt despite being solvent, while creditors may suffer losses due to premature proceedings. Therefore, optimization is needed through legal reformulation, strengthening jurisprudential guidelines, and enhancing the effectiveness of the Suspension of Debt Payment Obligations (PKPU) mechanism. In conclusion, the application of bankruptcy requirements in Indonesia still requires improvement to better reflect the principles of justice, legal certainty, and utility in a balanced manner.
Copyright (c) 2026 Yuli Sarwanto, Siciliya Mardian Yoel, Nur Chasanah https://creativecommons.org/licenses/by/4.0
Digital Checks and Balances: Strengthening Constitutional Stability through E-Oversight for Government Accountability
Strengthening the principle of checks and balances is a fundamental requirement for maintaining constitutional stability and ensuring government accountability. However, conventional oversight mechanisms still face various weaknesses, particularly in transparency, public participation, the effectiveness of detecting irregularities, and responding to developments in digital technology. This study aims to analyze the potential of E-Oversight as a digital oversight model to strengthen constitutional stability and enhance government accountability. This study uses qualitative legal methods with a juridical-normative and socio-legal approach. Data were collected through literature reviews, analyses of laws and regulations, reviews of policy documents, and interviews with relevant stakeholders. Data were analyzed descriptively and qualitatively by identifying legal norms, categorizing findings, and interpreting the relationship between digital oversight, accountability, and constitutional stability. The results show that conventional oversight systems are not fully effective in ensuring government accountability because they are still partial, administrative, and less responsive. Digitalization of oversight through E-Oversight has significant potential to increase transparency, expand public participation, accelerate the detection of irregularities, and strengthen oversight of government officials. However, the implementation of e-Oversight still faces obstacles, including limited digital infrastructure, suboptimal supporting regulations, low public digital literacy, and the need for a more comprehensive, integrated oversight system. This study concludes that e-Oversight can be a strategic instrument in strengthening digital checks and balances to support constitutional stability and government accountability. The implications of this study emphasize the need for strengthened regulations, integrated digital oversight platforms, increased digital literacy, and collaboration among the government, oversight institutions, and the public in building a transparent, participatory, and constitutional oversight system.
Copyright (c) 2026 Doing Muhammad, Ali Bujang, Octaviani Dina https://creativecommons.org/licenses/by/4.0
The Implementation of Due Process of Law in Protecting Suspects’ Rights at the Investigation Stage in Indonesia
This study examines the protection of suspects’ rights during the investigation process, which continues to reveal a gap between legal norms and practice. The objective is to analyze the implementation of the principle of due process of law in ensuring the protection of suspects’ rights at the investigation stage in Indonesia. A normative legal research method is employed using statutory and conceptual approaches with qualitative analysis. The findings indicate that although protection has been established through the Criminal Procedure Code and constitutional guarantees, its implementation remains influenced by an efficiency-oriented approach, weak oversight, and limited access to legal assistance. These conditions contribute to procedural violations such as coercive interrogation and wrongful suspect designation. Strengthening the principle of due process of law through criminal procedure reform, improved institutional accountability, and more active oversight mechanisms is therefore essential to achieve a fair criminal justice system that respects human rights.
Copyright (c) 2026 Sylvia Nanda Putri, Diyan Isnaeni, Moh. Muhibbin https://creativecommons.org/licenses/by/4.0
The Evaluation of Personnel Policies in Public Service Agencies After the Implementation of Law Number 20 of 2023 Concerning State Civil Apparatus
This study evaluates the implementation of Law Number 20 of 2023 concerning the State Civil Apparatus and its impact on the flexibility of human resources management in Public Service Agencies in Indonesia. Using descriptive content analysis with Dunn's policy evaluation framework, this study highlights the conflict between national bureaucratic standardization and the dynamic operational needs of Public Service Agencies. The analysis indicates that this policy is ineffective and inadequate because it threatens the continuity of specialist services; 16.93% of Public Service Agencies employees are non-State Civil Apparatus, with the figure reaching 40.51% for specialist doctors in the health sector. In terms of efficiency and responsiveness, the ban on recruiting non-State Civil Apparatus personnel hinders Public Service Agencies agility in responding to market needs and increases bureaucratic burdens. An evaluation of equity and appropriateness concludes that a one-size-fits-all approach risks reducing the quality of public services and international competitiveness, as evidenced by the decline in Maturity Rating scores for several Public Service Agencies sub-clusters. This study recommends the need for derivative regulations that provide discretion for Public Service Agencies to manage professional staff independently in order to harmonize regulatory integrity with service flexibility.
Copyright (c) 2026 Ageng Kerta Perwira, Adiwarman https://creativecommons.org/licenses/by/4.0
Integrating the Food-Energy-Water Nexus into Development Planning: A Literature Review on Collaborative Governance
The increasing complexity of global crises and escalating resource vulnerabilities demand cross-sectoral policy integration. The Food-Energy-Water (FEW) Nexus approach has been adopted in Indonesia as a strategic agenda within the National Medium-Term Development Plan 2025-2029 to achieve self-sufficiency targets. Responding to the challenge of institutional fragmentation during its implementation, this study aims to examine the landscape of collaborative governance within FEW Nexus-based development planning by mapping thematic trends, network patterns, and discussions from previous literature. This study applies a systematic literature review to 68 reputable journal articles from the Scopus database, published between 2016 and 2025, with data extracted and visualized using bibliometric analysis. The findings reveal that while research on nexus integration and governance is continuously growing, a disconnect persists between governance approaches and technical modeling—both quantitative and qualitative—within decision support systems. Furthermore, there is a notable gap in the literature specifically addressing national-scale collaborative action planning in Indonesia. Empirically, the study also finds that the implementation of the nexus approach is frequently hindered by sector mismatches, data asymmetry, and public sector dominance. Therefore, dismantling sectoral egos through inclusive and participatory planning, alongside strengthening the data-sharing ecosystem, are absolute prerequisites for building cross-level policy coherence to address the complexities of the FEW nexus.
Copyright (c) 2026 Fajri Kurniawan, Sidik Pramono https://creativecommons.org/licenses/by/4.0
Legal Analysis of Rights Control Conflicts in the Utilization of Underground Space at the Podomoro Medan Basement
The utilization of underground space in integrated area development, particularly parking basements at Podomoro City Deli Medan, creates juridical consequences regarding land rights and legal relationships between developers, unit owners, and facility users. This study aims to analyze the legal implications of the control and utilization of underground space and to examine the forms of legal protection provided to unit owners and users. The research employed a normative juridical method using statutory and conceptual approaches through library research based on primary, secondary, and tertiary legal materials. The results indicate that the utilization of parking basements at Podomoro City Deli Medan does not yet have clear regulations regarding the legal status and limits of underground space control, resulting in differing interpretations between developers and unit users. This condition has led to conflicts in practice, including limited access, differences in facility functions, and commercially oriented management. The legal implications include the potential for breach of contract, unlawful acts, and legal uncertainty in the implementation of parking facility users’ rights. Therefore, stronger regulations and clearer arrangements regarding the status of basements are necessary in order to create legal certainty and balanced protection for all parties.
Copyright (c) 2026 Muhammad Ali Adnan, Vany Octavia Br Ginting, Atika Sunarto https://creativecommons.org/licenses/by/4.0
Legal Protection of Notary Employees As Instrumental Witnesses In The Making of Notary Deeds
The existence of notaries as public officials plays an important role in the drafting of authentic deeds, which function as perfect legal evidence in legal relationships within society. In the process of drafting authentic deeds, the presence of instrumental witnesses constitutes a formal requirement that must be fulfilled to maintain the authenticity of the deed. In notarial practice, instrumental witnesses are generally notary employees because they are considered to understand the procedures and technical aspects of deed Preparation. Problems arise when disputes concerning notary deeds occur, while legal protection for notary employees acting as instrumental witnesses have not been explicitly regulated under the Law on Notarial Office. This study aims to analyze the legal protection of notary employees acting as instrumental witnesses, the limits of their legal liability, and future legal arrangements regarding such protection. This research employs a normative legal method using statutory , conceptual , and case approaches. The results of the study indicates that the absence of explicit legal regulation concerning the protection of instrumental witnesses creates legal uncertainty in notarial practice. The legal responsibility of notary employees acting as instrumental witnesses is principally limited to formal aspects of deed execution rather than the substantive content of the deed. Therefore, a more comprehensive legal reform is necessary to provide legal certainty and protection for notary employees acting as instrumental witnesses.
Copyright (c) 2026 Hais Subaga Athazada, Nuzulia Kumala Sari, Iwan Rachmad Soetijono https://creativecommons.org/licenses/by/4.0
Disparity in Court Determinations on Interfaith Adoption: A Study on Legal Certainty in Judicial Practice
The adoption of children of different religions in Indonesia has been normatively regulated under positive law; however, in judicial practice, discrepancies in court determinations are still found in cases involving similar legal facts. This is evident in the Determination of the Gianyar District Court Number 76/Pdt.P/2025/PN Gin and the Determination of the Banyumas District Court Number 9/Pdt.P/2018/PN Bms, where judges rendered differing decisions regarding applications for interfaith adoption. In one determination, the application was granted by taking into account customary law and the best interests of the child, whereas in the other determination, the application was rejected by emphasizing the requirement of religious conformity under positive law. This study aims to analyze the judges’ legal reasoning as well as the factors contributing to the disparity in determinations of interfaith adoption from the perspective of legal certainty theory. The research employs a normative legal method with statutory, case, and conceptual approaches. Legal materials are collected through library research and analyzed qualitatively. The results indicate that the disparity in determinations is caused by differences in judicial interpretation of the requirement of religious conformity, the application of the principle of the best interests of the child, and the influence of legal pluralism in judicial practice.
Copyright (c) 2026 Saffana Ayu Azzahra, Hazar Kusmayanti, Sherly M. Imam Slamet https://creativecommons.org/licenses/by/4.0
Legal Uncertainty of Auction Winners Regarding The Non-Execution of Eviction Due To Lawsuits
This study examines the legal uncertainty faced by winners of mortgage execution auctions in obtaining physical possession of auction objects due to lawsuits. The problem arises from the inconsistency between Article 207 paragraph (3) of the HIR, which states that opposition lawsuits do not suspend execution, and the 2019 District Court Execution Guidebook, which permits temporary suspension. Divergent interpretations at the district court level create non-uniform application of law that is detrimental to good-faith auction winners. This research employs a normative juridical method with statute, conceptual, and comparative approaches. The findings demonstrate: first, lawsuits filed by debtors or third parties who cannot prove legitimate ownership rights should not be able to suspend eviction execution; second, auction winners who have obtained the Auction Minutes (Risalah Lelang) as an authentic deed are entitled to full legal protection, both preventive and repressive, including the right to compensation if execution is unlawfully delayed. This study recommends the need for firm and synchronized regulations to guarantee legal certainty for auction winners.
Copyright (c) 2026 Amaynia anggun Rosita, Gicela Sonbay, Bimaryudho Dhimas Kurnia Armadha https://creativecommons.org/licenses/by/4.0
Sanctions Against Perpetrators of Defamation In Law Number 1 of 2023 Concerning Criminal Law Regulations
This study aims to determine the sanctions for perpetrators of criminal defamation in Law Number 1 of 2023 concerning Criminal Law Regulations. The Criminal Code (KUHP) regulates the protection of a person's honor and good name through provisions regarding the crime of defamation. These provisions aim to prevent and prosecute acts that attack an individual's reputation or dignity in society. Through existing criminal provisions, the KUHP provides legal guarantees for everyone to ensure that their honor and good name are protected. The research specification is descriptive analytical, with a normative juridical approach method, namely a legal research method that analyzes the principles, rules, and norms of laws and regulations, agreements, and legal doctrine. The type of data used is secondary data. The results of the study indicate that the crime of defamation is an act that attacks a person's honor or reputation by accusing something that can be known to the wider community, thus causing moral and social harm to the victim. In the Indonesian criminal law system, defamation was previously regulated in Articles 310-321 of the old Criminal Code and was later updated in the new Criminal Code through Law Number 1 of 2023. In the new Criminal Code, these provisions are regulated, among others, in Article 433 and other related articles, covering various forms of insult, slander, false accusations, and false accusations, which carry the threat of criminal sanctions in the form of imprisonment or fines. This regulation demonstrates that Indonesian criminal law continues to protect the honor and good name of individuals as part of personal rights that must be upheld in social life.
Copyright (c) 2026 Rahmides Utami, Irsyad Shabri, Harniwati, Gustavianof https://creativecommons.org/licenses/by/4.0
Lesbian Identity Negotiation within Conservative Muslim Families: A Dramaturgical Perspective
This study examines the identity experiences of lesbian women within conservative Muslim family environments in Indonesia through the perspective of dramaturgical theory. The research was motivated by the complex social and religious pressures experienced by queer individuals in maintaining personal authenticity while preserving family acceptance. The study aimed to analyze how lesbian women negotiate identity, manage social expectations, and construct adaptive strategies within restrictive religious environments. This research employed a qualitative method with a phenomenological approach. Data were collected through in-depth interviews, digital observation, and documentation studies involving four female university students in Surabaya who had direct experiences in same-sex relationships and were raised in Muslim families with strong religious values. The findings reveal that participants continuously negotiated their identities through front-stage and back-stage performances in everyday life. Religious appearance, behavioral adaptation, and selective openness functioned as strategies for maintaining emotional security and social acceptance within family environments. In addition, safe spaces, supportive friendships, and digital platforms played significant roles in enabling identity expression and emotional resilience. This study contributes to discussions on queer Muslim identity, dramaturgy, religiosity, and social adaptation within contemporary Indonesian society.
Copyright (c) 2026 Amanda Tasya Hendrawati, Rizky Trisna Putri, Ahmad Ridwan https://creativecommons.org/licenses/by/4.0
Dispute Resolution Of State-Owned Housing Occupied By The Deceased Occupant’S Spouse
State-Owned Houses (RMN) are part of State-Owned Assets that function to support government administration and public services, and therefore their control falls under the regime of administrative law. In practice, the management of RMN often raises legal issues, particularly when official residences continue to be occupied by the widow of a deceased occupant after the lawful tenant has passed away. This situation creates disputes between the state as the asset owner and the occupant’s family, who emphasize social and humanitarian considerations. This study aims to analyze the legal status of RMN occupied by the widow of a deceased tenant and to examine the dispute resolution mechanisms in the context of protecting state assets fairly. The research employs normative legal methods with statutory and conceptual approaches, and analyzes legal materials qualitatively using a prescriptive-analytical method. The findings show that RMN cannot be inherited and may only be lawfully occupied based on valid administrative authorization, meaning that the widow of the deceased tenant has no legal basis to continue occupation without a new permit from the competent authority. Dispute resolution over RMN should be carried out gradually through administrative mechanisms, non-litigation processes, and litigation as the last resort. This study recommends consistent enforcement of administrative law, strengthening of measured administrative policies, and the provision of alternative social policies to ensure the protection of state assets without neglecting humanitarian values.
Copyright (c) 2026 Dedy Kurniawan, Sri Astutik, Valencia Nadya Paramita https://creativecommons.org/licenses/by/4.0
The Normative Vacuum in Notarial Criminal Liability for Negligence in Preparing Authentic Deeds Used in Money Laundering Crimes
This study examines the limits of notarial criminal liability in the preparation of authentic deeds used in money laundering offences. The issue arises because notaries are authorized to draw up authentic deeds with strong evidentiary value, while such deeds may also be misused to conceal or disguise assets derived from criminal activities. This research applies normative legal research using statute and case approaches. The findings show that a notary cannot be held criminally liable merely because an authentic deed is later used in a money laundering scheme. Criminal liability may only arise when fault is proven, whether in the form of intent, knowledge, reasonable suspicion, or serious negligence. Court decisions indicate that judges tend to interpret negligence and “reasonably suspects” through an objective-professional standard. However, Indonesian positive law has not clearly distinguished administrative negligence, gross professional negligence, and criminal participation. This normative vacuum creates legal uncertainty and may lead to the criminalization of notaries who perform their duties in good faith.
Copyright (c) 2026 Brighitta Priscilla MSS, Wilma Silalahi https://creativecommons.org/licenses/by/4.0
The Impact of Matchmaking on Family Harmony from the Perspective of Islamic Law: A Case Study in Klampar Village, Proppo District, Pamekasan Regency
This study examines the impact of matchmaking on family harmony from the perspective of Islamic law in Klampar Village, Proppo District, Pamekasan Regency. Matchmaking practices remain strongly maintained as hereditary traditions within Madurese society and are closely related to the preservation of lineage, kinship, and family honor. However, these practices often create tensions between cultural traditions and individual rights in determining marriage partners. This research aims to analyze the persistence of matchmaking traditions, their impact on household harmony, and the perspective of Islamic law regarding arranged marriages. The study employs an empirical legal research method with a qualitative approach. Data were collected through in-depth interviews, observation, and documentation involving married couples, parents, religious leaders, and community figures in Klampar Village. The findings reveal that matchmaking practices continue to be preserved because they are considered capable of maintaining family relationships and social values. Nevertheless, excessive parental intervention, lack of emotional readiness, and limited acquaintance before marriage frequently contribute to household conflict and disharmony. On the other hand, some couples successfully maintain harmonious relationships through adaptation, communication, religious commitment, and family support. From the perspective of Islamic law, matchmaking is permissible as long as it is conducted based on mutual willingness and without coercion. Therefore, achieving harmonious family relationships requires balancing cultural traditions with the individual rights emphasized in Islamic teachings.
Copyright (c) 2026 Nuris Sadad, Jamiliya Susantin https://creativecommons.org/licenses/by/4.0
Improvements to the Appointment of Regional Heads through Direct Elections from the Perspective of Article 18, Paragraph (4) of the 1945 Constitution
This study examines the constitutional ambiguity of Article 18, paragraph (4) of the 1945 Constitution of the Republic of Indonesia regarding the phrase “elected democratically,” which serves as the legal basis for regional elections in Indonesia. Although regulations have evolved through Law No. 10 of 2016 to strengthen popular sovereignty, the practice of direct regional elections has instead become trapped in a “democratic pathology” characterized by 82% dominance by capital (financiers) and TSM (Structured, Systematic, and Massive) fraud. This phenomenon results in popular sovereignty being hijacked by transactional interests. Using a legal-normative approach, this study asserts that the sole solution to safeguard the integrity of local leadership appointments lies in reconstructing the oversight model. The integration of strengthened Bawaslu authority with the digitization of participatory oversight (Gowaslu) and community cadre development (SKPP) is an absolute prerequisite for restoring the dignity of elections in alignment with the principles of deliberation and representation.
Copyright (c) 2026 Zulwisman, Charles Simabura https://creativecommons.org/licenses/by/4.0