Supremasi Hukum: Jurnal Kajian Ilmu Hukum
SUPREMASI HUKUM: Jurnal Kajian Ilmu Hukum (e-ISSN: 2723-4207; p-ISSN: 2302-1128) is a double-blind peer-reviewed journal published biannually by the Department of Legal Science, Faculty of Sharia and Law, Universitas Islam Negeri Sunan Kalijaga Yogyakarta, in collaboration with the Indonesian Legal Scholars Association under State Islamic Higher Education (APPSIH-PTKIN). Supremasi Hukum is a journal that aims to facilitate scientific and professional discussions on the latest developments of legal issues and to publish innovative legal research that specifically focuses on the legal system, justice, and humanity in the Indonesian and/or global context. Initially, articles were published in Indonesian. With the passage of time, the evolution of journal management, and the growing importance of developing legal knowledge as well as fostering a forum with various scholarly backgrounds in Indonesia and around the world, we decided to publish in English. We endeavor to expand the boundaries to access English-speaking contributors and readers around the world. Therefore, the Journal of Legal Supremacy welcomes contributions from legal scholars and professionals internationally as well as from representatives of courts, executive authorities, and other institutions concerned with issues of the legal system, justice, and humanity. In brief, the Journal of Supremasi Hukum basically focuses on recent topics regarding the legal system, justice, and humanity in the Indonesian and/or global context. The scope of this journal covers contemporary legal issues from the perspective of the legal system, justice, and humanity using both empirical and normative approaches.
Authors retain copyright and grant the journal right of first publication. The work is simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Overlapping Music Royalty Sanctions in Public Spaces: An Analysis of Indonesian Legal Politics
The use of music in public spaces continues to increase alongside the development of the entertainment, tourism, and marketing industries, at both the national and international levels, making the management of music royalties a strategic issue in copyright governance. Many previous studies have focused solely on law enforcement effectiveness or compliance with royalty payments, without examining in depth the legal politics underlying the disharmony between public legal norms and contractual mechanisms for royalty management. This study aims to analyze the direction of legal politics in managing music royalty sanctions in the public space, as set out in Law Number 28 of 2014 concerning Copyright (the Copyright Law) and contracts managed by the National Collective Management Institute (LMKN). The method used is a normative juridical approach that analyzes the Copyright Law and applies the principle of distributive justice, drawing on primary and secondary legal materials. The results of the study show that the overlap of sanctions is caused by the absence of a clear legal-political design for placing LMKN contracts as hierarchically integrated instruments within public legal norms, thereby creating legal uncertainty, potential duplication of sanctions, and weak governance of royalty distribution. The novelty of this research lies in its analysis of legal politics in the relationship between public norms and private contracts in the music royalty system, which makes a conceptual contribution to harmonizing sanctions and renewing copyright policies in the era of the digital creative economy.
Copyright (c) 2025 Vita Dwi Sakundiana, Lulu Syakirah Alatas, Desi Permatasari http://creativecommons.org/licenses/by-sa/4.0
Reconstructing Legal Accountability through Body-Worn Cameras: A Normative Study of Criminal Justice Reform in Indonesia
Efforts to modernize Indonesia's criminal justice system demand legal mechanisms that ensure accountability, fairness, and human rights protection at every procedural stage. While global studies on Body-Worn Cameras (BWCs) have focused on operational and policing impacts, few have examined their normative legitimacy and evidentiary validity within Indonesia's legal context. Anchored in the principles of the rule of law, due process, and evidentiary integrity, this study analyzes the legal status of BWCs, explores comparative practices in other jurisdictions, and formulates an ideal regulatory model for Indonesia. This research employs a normative legal method using conceptual and comparative approaches, analyzing statutory materials, public policies, and international practices from the United States, the United Kingdom, Germany, and Australia. The findings reveal that Indonesia lacks a comprehensive legal framework governing operational standards, data management, and the evidentiary use of BWC recordings, resulting in uncertainty and fragmented practices. Comparative experiences show that BWCs become effective when legal systems ensure chain-of-custody integrity, privacy protection, and independent oversight. This study formulates a conceptual legal model integrating accountability, evidentiary reliability, and data protection through explicit activation rules, retention schedules, and dual accountability mechanisms involving internal and external oversight. Accordingly, BWCs are positioned not merely as technological devices but as instruments of legal reform that align Indonesia's criminal justice system with global standards of transparency, proportionality, and rights-based governance.
Copyright (c) 2025 Siti Naidah, Zico Junius Fernando http://creativecommons.org/licenses/by-sa/4.0
Restorative Justice and Anti-Corruption Law: Toward a Progressive Penal Policy in Indonesia
The eradication of corruption in Indonesia, as regulated by Law Number 31 of 1999 on the Eradication of Corruption Crimes, remains predominantly oriented toward retributive sanctions. In contrast, the new Indonesian Criminal Code (KUHP) introduces a progressive and participatory penal policy paradigm by incorporating Restorative Justice (RJ) to restore victims' losses and strengthen social balance. This divergence in orientation creates potential ambiguity in law enforcement, particularly regarding the scope and criteria for applying RJ to corruption, which has long been categorized as a crime against the public interest. Previous studies have mainly concentrated on the effectiveness of punitive sanctions, leaving limited scholarly attention to the normative dimensions of RJ's integration into anti-corruption law and its compatibility with international regimes such as the United Nations Convention against Corruption (UNCAC), asset recovery mechanisms, civil recovery, non-conviction-based confiscation, and deferred prosecution agreements. This study aims to fill that gap by offering a normative framework harmonizing restorative justice principles with anti-corruption enforcement. Employing normative juridical research with a statute approach and a conceptual approach, this paper highlights the potential of RJ to complement punitive measures, enhance asset recovery, and align national law with global standards. This research contributes to proposing a more coherent and integrated anti-corruption penal policy that balances deterrence with restorative outcomes. In doing so, it enriches the academic discourse on Indonesia's criminal law reform. It provides a conceptual foundation for policymakers to design a corruption eradication regime that is consistent, effective, and internationally compatible.
Copyright (c) 2024 Nabilah Talithania Azaria Putri, Ayu Ratnasari, Givana Adhitya Firananda http://creativecommons.org/licenses/by-sa/4.0
Reassessing Reductionism in Logical Positivism: A Dogmatic Legal Critique
Despite its long-standing dominance in dogmatic legal science, logical positivism has been increasingly criticized for its tendency to reduce law to a purely normative and formal system. While extensive scholarship has examined legal positivism in general, the specific problem of reductionist assumptions within logical positivism—and their implications for dogmatic legal science—remains insufficiently explored. This article aims to critically examine the reductionist assumptions underlying logical positivism from the perspective of dogmatic legal science, with particular attention to their epistemological consequences. This study adopts a normative–doctrinal legal method combined with conceptual and critical approaches to analyze the epistemological foundations of reductionism in logical positivism. The analysis draws on legal positivist theory and its critiques, particularly dogmatic legal theory and critical jurisprudence, to assess the limitations of reductionist reasoning in legal analysis. The study finds that reductionist assumptions in logical positivism significantly limit the capacity of dogmatic legal science to account for the social, moral, and interpretative dimensions of law, thereby narrowing its epistemological scope. This article contributes to legal theory by demonstrating the need for a more context-sensitive and interdisciplinary framework within dogmatic legal science to overcome the epistemological limitations of logical positivism.
Copyright (c) 2025 Gilang Kresnanda Annas, M. Nurlaili Dwi Kurniyanto, Eza Tri Yandy, Nilam Amalia Fatiha http://creativecommons.org/licenses/by-sa/4.0
A Phenomenological Study of Theft Recidivism and Law Enforcement Strategies in Tulungagung, Indonesia
Theft recidivism remains a persistent global concern that reflects the complex interaction of socio-economic, psychological, and environmental factors shaping criminal behavior across diverse societies. Similar to global trends observed in the United States, Europe, and Japan, recidivism in Indonesia demonstrates how structural inequality, limited rehabilitation, and weak reintegration frameworks perpetuate repeated offending. Despite these parallels, Indonesian studies have primarily focused on normative legal analyses, offering limited insight into offenders' lived experiences and socio-structural dynamics. Addressing this gap, the present study explores the phenomenology of theft recidivism within the jurisdiction of the Tulungagung Police Department through a qualitative approach using deductive analysis. The findings reveal that economic strain, social disconnection, and institutional shortcomings jointly sustain reoffending behavior. Bronfenbrenner's Ecological Systems Theory shows these factors interact across individual, interpersonal, institutional, community, and policy levels, forming an interdependent framework of recidivism. The Tulungagung Police have localized global best practices by integrating Social Control and Community Policing strategies—combining pre-emptive, preventive, restorative, and rehabilitative measures. Programs such as legal education, neighborhood patrols, restorative justice, and post-release empowerment reflect a shift from punitive deterrence to participatory crime prevention. Theoretically, this study contributes to global criminological discourse by contextualizing ecological and phenomenological insights; practically, it offers a localized, evidence-based model for sustainable desistance in Indonesia.
Copyright (c) 2025 Nurchasanah http://creativecommons.org/licenses/by-sa/4.0
Revisiting the Indonesian Criminal Procedure Code: Paradigmatic Issues and the Challenges of an Evolving Era
The reform of criminal procedure law in Indonesia has become a necessity, as the Criminal Procedure Code (KUHAP), after more than four decades of implementation, is confronted with the transformations of human civilization that characterize the postmodern era. This study seeks to address two key questions: why the postmodern condition necessitates a response in the renewal of Indonesian criminal procedure law, and how the KUHAP should be reconceptualized. Employing a juridical-normative approach, this research argues that reform cannot be limited to technical procedural adjustments but must extend to a paradigmatic shift. Rooted in modern legal concepts shaped by positivism, the KUHAP must adapt to the challenges of postmodern realities, which are increasingly complex, non-linear, global, segmentary, and multiversal. To bridge this gap, a progressive concept of criminal procedure law is required—one that maintains the principles of lex scripta, lex certa, and lex stricta, while simultaneously allowing space for rationally and morally justifiable legal breakthroughs in extraordinary circumstances.
Legal reform; criminal procedure; progressive law; postmodernism; positivism
Copyright (c) 2025 Aloysius Wisnubroto http://creativecommons.org/licenses/by-sa/4.0
Integrating Spinoza’s Philosophy of Civil Law into Indonesian Judicial Reasoning: Toward a Justice-Oriented Legal Framework
Previous studies on Spinoza have generally focused on his political and theological philosophy, while the application of his concept of civil law in judicial decision-making practice has been rarely discussed, creating a research gap in the context of its application to modern legal systems. This research aims to integrate Spinoza's philosophy of civil law—rooted in rationality, equality, and moral order—into the framework of judicial consideration in Indonesia, where the balance between positive law and justice remains challenging. Using a normative juridical method with statutory, comparative, and conceptual approaches, this research examines relevant legal provisions and comparative practices from democratic countries such as the United States, France, Germany, India, and New Zealand, as well as the philosophical foundations of Spinoza's thinking on civil law and justice. The research findings indicate that Spinoza's view of law as a rational agreement based on moral necessity aligns with the principles of freedom, equality, and human dignity in the Indonesian Constitution. Integrating this idea into legal considerations can guide judges to move beyond formalistic interpretations towards justice oriented towards morality and humanity. Theoretically, this research contributes by offering a philosophical framework for rational legal reasoning, while practically providing a model for balancing legal certainty with moral justice in judicial practice and law enforcement in Indonesia.
Copyright (c) 2024 Erwin Susilo http://creativecommons.org/licenses/by-sa/4.0
Judicial Inconsistency and the Rule of Law: A Critical Analysis of Constitutional Court Decision on Presidential Age Requirements in Indonesia
The Constitutional Court (Mahkamah Konstitusi) of Indonesia plays a pivotal role as the guardian of the Constitution and the protector of constitutional rights. However, the Court’s ruling in Decision No. 90/PUU-XXI/2023 concerning the age requirements for presidential and vice-presidential candidates has sparked public controversy due to its inconsistency with previous judgments on identical legal provisions. This study critically examines the inconsistency of the Constitutional Court’s reasoning and evaluates the decision’s conformity with the principles of the rule of law and judicial independence. Using a normative juridical method supported by a statute and case approach, the research analyzes primary legal materials, including Constitutional Court decisions, relevant legislation, and judicial ethics regulations. The findings reveal that Decision No. 90/PUU-XXI/2023 deviates from the Court’s prior stance, effectively creating a new legal norm beyond its constitutional mandate, thus blurring the boundaries between judicial review and legislative authority. Furthermore, the proven ethical violations by the Chief Justice have weakened public trust in the integrity of constitutional adjudication. This article argues that such inconsistency undermines the predictability and legitimacy of the Court’s jurisprudence, which are essential to the rule of law. The study contributes to the broader discourse on judicial accountability by emphasizing the need for a coherent interpretive framework and stronger ethical oversight mechanisms to preserve the integrity of Indonesia’s constitutional justice system.
Copyright (c) 2024 Naafiatul Mukarromah, Fachri Hamzah Pangestu, Udiyo Basuki, Muhammad Fahrul Hudallah http://creativecommons.org/licenses/by-sa/4.0
Reforming the Legal Framework of Notary Supervision in Indonesia: Towards a Digital Governance Model
The supervision of notaries in Indonesia remains conventional, mainly relying on manual, hierarchical, and fragmented mechanisms that hinder transparency, efficiency, and accountability. In contrast, many jurisdictions have restructured their professional oversight through digital governance systems to promote integrity and responsiveness in public services. Although Law No. 30 of 2004 and Law No. 2 of 2014 provide a normative foundation for notary supervision, Indonesia lacks operational mechanisms and digital integration consistent with global governance standards. Reforming this system has therefore become crucial to align national practices with international developments in digital legal oversight. This study employs a normative juridical method combined with conceptual and comparative approaches. Legal materials, including statutory provisions, academic journals, and institutional reports, were analyzed to identify structural and normative weaknesses. Comparative insights from the Netherlands, Germany, and the United States reveal that digital supervision enhances transparency, professional ethics, and institutional accountability. The findings show that Indonesia’s three-tier supervisory structure—MPD, MPW, and MPP—is legally established but technologically outdated. This research proposes a digital governance model for notary supervision integrating electronic supervision, real-time data reporting, and inter-institutional connectivity. Embedding responsive law principles, the model contributes to the global discourse on digital legal governance by providing a context-sensitive framework for modernizing professional oversight in developing legal systems.
Copyright (c) 2025 Dwi Suryahartati, Jefri Mahardika http://creativecommons.org/licenses/by-sa/4.0
Public Officials, Social Media, and Criminal Defamation: Rethinking Responsibility under Indonesia’s ITE Law
The expanding use of social media by public officials has transformed governmental communication into a real-time, direct, and wide-reaching practice, while simultaneously generating new legal tensions concerning criminal defamation and responsibility for reputational harm in digital environments. This paper seeks to propose how a balance between freedom of expression and the public official’s function of disseminating information through media and the constitutional protection of individual honor can be formulated within the framework of criminal liability for defamation on social media under the ITE Law. This study employs a normative legal research method using statutory and conceptual approaches, supplemented by a case approach through the controversy of DN versus AR as a public official in Surabaya as an illustrative instance of the application of Article 27A juncto Article 45(4) of the ITE Law. Primary and secondary legal materials were analyzed prescriptively to examine the role of social media as a medium of communication, the element of intent (dolus), and the positional consequences of public officials in criminal liability. The findings show that the ITE Law does not merely function as a repressive instrument against citizens, but also as an institutional control mechanism that imposes a duty of care on public officials when communicating through social media. The criminal defamation provisions under Article 27A in conjunction with Article 45(4) ITE Law establish constitutional and penal boundaries that restrict public officials’ freedom of expression, requiring accuracy, verification, and proportionality to prevent reputational harm.
Copyright (c) 2025 Hartanto Hartanto http://creativecommons.org/licenses/by-sa/4.0
Evaluating Remedial Secession as a Legitimate Territorial Acquisition: Lessons from Eastern Ukraine 2022
This study examines whether corrective secession can be considered a legitimate means of acquiring territory under contemporary international law, focusing on the secession referendum in Eastern Ukraine in 2022. Although the right to self-determination has evolved from a colonial context to broader applications, the legality of corrective secession in non-colonial situations remains controversial and under-explored. Previous research has largely focused on post-colonial cases such as Bangladesh and South Sudan, leaving a gap in understanding externally influenced secession movements. This article aims to address this gap through normative legal analysis, drawing on international legal instruments, state practice, and jurisprudence from the International Court of Justice and national courts. The findings of the study indicate that secession as a corrective measure can only be justified in exceptional cases where an ethnic group experiences ongoing and systematic discrimination, and where the parent state fails to provide an effective solution. When applied to Eastern Ukraine, this study finds no evidence of systematic human rights violations by the Ukrainian government that would justify secession. Instead, the conflict and referendum were largely triggered by external intervention, rendering such claims contrary to international law. This analysis reaffirms that the doctrine of secession as a remedy remains limited and exceptional, reinforcing the priority of territorial integrity in accordance with the UN Charter. This study contributes to the ongoing debate by clarifying the legal and moral thresholds for secession as a remedy, and provides a nuanced legal framework for assessing future claims of secession.
Copyright (c) 2024 Muhammad Ryan Ramadhani Miano, Irawati Handayani, Diajeng Wulan Cristianti http://creativecommons.org/licenses/by-sa/4.0
From Regulation to Transparency: Policy Implementation of Public Information Disclosure in Indonesian State Religious Universities within the SDG 16 Framework
Public information disclosure is a cornerstone of transparent, accountable, and participatory governance in higher education. This study examines the implementation of public information disclosure (PID) in State Religious Higher Education Institutions (PTKN) under Law No. 14/2008 and its derivative regulations. It aims to identify the gap between regulatory frameworks and institutional practices and to propose strategies for optimizing disclosure. The analysis employs Mazmanian’s policy implementation theory, focusing on three dimensions: problem characteristics, policy characteristics, and external environment. Data were drawn from the 2024 Monitoring and Evaluation (Monev) conducted by the Central Information Commission, complemented by a review of regulatory instruments and institutional practices in PTKN. The results indicate that most PTKN are still categorized as “less informative” or “non-informative.” Implementation barriers include limited administrative capacity, inadequate digital infrastructure, weak monitoring systems, and entrenched bureaucratic cultures. These factors collectively prevent PTKN from fully realizing the objectives of the Public Information Disclosure Law.The study proposes strategies to overcome these barriers, including enhancing the competence of Information and Documentation Management Officers (PPID), developing integrated digital platforms, strengthening leadership commitment, and institutionalizing rigorous monitoring and evaluation mechanisms. Collaboration with external stakeholders and improved public literacy on the right to information are also essential. Optimizing PID is not only a matter of legal compliance but also a governance tool and a moral responsibility aligned with religious values. Successful implementation will enhance public trust, institutional accountability, and the global relevance of Indonesia’s religious higher education sector while contributing to Sustainable Development Goal (SDG) 16.
Copyright (c) 2025 Iswantoro, Faiq Tobroni, Md Nadim Aktar http://creativecommons.org/licenses/by-sa/4.0
Public Legal Awareness and the Effectiveness of Indonesia’s Personal Data Protection Law: Bridging Normative Framework and Privacy Paradox
The increasing frequency of personal data breaches in Indonesia underscores the urgency of ensuring effective legal protection for citizens' privacy rights. The enactment of the Personal Data Protection Law (Law No. 27/2022) is a significant milestone, but its effectiveness depends not only on regulatory provisions but also on public legal awareness. Previous studies have largely focused on the normative framework and technical protections, with limited attention to how the public perceives and responds to personal data protection. This study applies a normative-empirical approach, combining doctrinal legal analysis with survey data, to assess the level of public legal awareness regarding data protection obligations and risks. The study's findings reveal that although many respondents acknowledge the potential dangers of excessive data disclosure, they still grant access to applications, reflecting the so-called privacy paradox. This inconsistency suggests that legal protection alone cannot guarantee effective law enforcement without parallel improvements in digital literacy and legal awareness. The novelty of this study lies in the linkage of Indonesian data protection law to the sociological dimensions of public legal awareness, a perspective rarely emphasized in previous research. The results contribute to academic discourse by integrating normative analysis with empirical evidence and offer practical implications for policymakers to design targeted legal education and digital literacy programs that strengthen the enforcement of the Personal Data Protection Law in Indonesia in particular and become a reflection and reference for other countries globally.
Copyright (c) 2025 Lindra Darnela, Erma Rusdiana http://creativecommons.org/licenses/by-sa/4.0
From Legal Formalism to Algorithmic Justice: Rethinking Consumer Protection in the Digital Economy
The rapid expansion of the digital economy has challenged traditional notions of consumer protection, which historically relied on reactive and positivist legal principles. Increasing data commodification, the pervasive role of algorithms, and structural power asymmetries expose the inadequacy of existing legal doctrines to safeguard fairness in digital transactions. This study seeks to address a critical research gap by reconceptualizing consumer protection law through the lens of algorithmic justice and participatory digital rights. Employing a normative legal methodology combined with comparative and critical approaches, the research analyzes doctrinal evolution across jurisdictions such as the European Union, Brazil, and Indonesia. The findings reveal three major shifts. First, consumer law must move beyond post-transaction liability toward proactive models of oversight, including algorithm audits and design-based compliance. Second, legal doctrines should redefine the consumer as a relational subject embedded in data-driven ecosystems, rather than a rational and autonomous actor. Third, consumer rights need to be embedded within constitutional and ethical frameworks to ensure long-term enforceability and democratic legitimacy. The study contributes theoretically by advancing an interdisciplinary paradigm of consumer law that integrates digital fairness, equity, and human dignity. Practically, it offers strategic directions for regulators and policymakers in designing responsive frameworks that anticipate risks, enhance accountability, and strengthen consumer agency in the digital era.
Copyright (c) 2025 Yudi Prihartanto, Firdaus Arifin, Ihsanul Maarif, Abdul Hamid Kwarteng http://creativecommons.org/licenses/by-sa/4.0
Protection of Medical Personnel and Health Facilities in Palestinian-Israeli Armed Conflict in International Humanitarian Law and Conflict Theory Perspective
The purpose of this study is to analyze both the protection of health facilities and the rights of medical personnel during the 2023 conflict between Palestine and Israel, as well as to investigate the causes of violations against these protections and rights. Protecting health facilities and medical personnel in the war between Palestine and Israel is a daunting task with all the consequences and death threats that can occur. In 2023 there have been several cases of attacks on hospitals and doctors being shot dead in Gaza City. This study employed doctrinal and hermeneutic methods with the theory of international humanitarian law and human rights theory, as well as conflict theory, to explain the causes of human rights violations despite the existence of international humanitarian law. The results of this study prove that there are still many violations of international humanitarian law, especially the 1949 Geneva Convention regarding legal protection for health facilities and medical personnel on the battlefield. This is due to the conflict of interest between countries or ethnicities, where both the state and ethnic Israelis and Palestinians feel threatened by each other's existence. Capitalist orientation also exacerbates ethnic class differences and creates power imbalances. Economic motives to compete for territory, natural resources, and power can easily lead to violations of non-combatant rights, including those of health facilities and medical personnel.
Copyright (c) 2024 Yumna Nur Maulida, Montaser Faris Dar Nasser, M. Misbahul Mujib http://creativecommons.org/licenses/by-sa/4.0
Judgement without Sanction on Corporation's Forest Burning; Judges and In Dubio Pro Natura Principle in Indonesia
This study aims to analyze judges' decisions related to forest fire cases. More specifically, it seeks to analyze the judges' reasoning based on the principles of justice, legal certainty, and public interest, as well as the application of the principle of in dubio pro natura in environmental damage cases. Forest and land burning for plantation purposes continues to increase, and legal efforts and law enforcement face numerous obstacles in terms of evidence. As a result, many forest and land burning cases go unpunished. The decision No. 233/Pid.b/Lh. 2020/Pn.Pbu and the cassation decision No. 3840 K/Pid.Sus.Lh/2021 acquitted the defendant PT S of liability for the forest and land fire incident. To analyze this case, the study uses Gustav Radbruch's theory of the purpose of law, which includes justice, legal certainty, and utility. The decisions of the first-instance court and the cassation court failed to adequately consider the principles of justice and utility, particularly regarding environmental protection. Although the principle of “in dubio pro natura” was applied, the judges' decision relied more on the logic of legal certainty, which only determines the decision based on evidence presented in court rather than the actual facts on the ground where the forest fire occurred. The principle of precaution was ignored by the defendant and overlooked by the judges.
Copyright (c) 2024 Mohamad Azkal Taefur; Eko Nuriyatman http://creativecommons.org/licenses/by-sa/4.0
Implementation of Food Estate for Improving The Community Welfare from The Perspective of Agrarian Reform in Indonesia
This study aims to analyze the implementation of food estates in improving community welfare from an agrarian reform perspective. Additionally, it seeks to identify the obstacles to implementing food estates in enhancing community welfare. A food estate aims to achieve food security for improving community welfare. In Bansari Subdistrict, Temanggung Regency, Indonesia, the Food Estate program utilizes existing land for horticulture without opening new land. However, in a broader context, several issues regarding this program have led to it being considered less implementable and potentially contradictory to the concept of welfare from an agrarian reform perspective. Answering the problem, this field study employed an empirical legal approach and theories of natural resource management, legal benefit theory, and welfare theory. The results show that implementing food estates in Bansari District, Temanggung, has improved community welfare from an agrarian reform perspective. One of the reasons for the program's success is that it is targeted and does not open new land, taking into account aspects of nature conservation and sustainability of benefits for farmer groups. The challenges faced by the food estate in Bansari District, Temanggung Regency, include internal conflicts among farmer groups due to poor communication, imbalances in the implementation of the food estate program, and a lack of information regarding data on farmer groups receiving subsidies from the food estate program.
Copyright (c) 2024 Nabella Rezkika Nabella; Muhammad Izzul Haq http://creativecommons.org/licenses/by-sa/4.0
The Failure of Divorce Mediation: The Role of Attorney in the Mediation Process of Divorce Cases in Indonesia
This study aims to analyze the role of an attorney in the mediation process of divorce cases at the Sleman Indonesia Religious Court. In some divorce cases, a lawyer can appear to influence his client (the litigant) in the mediation room. Because of the lawyer's intervention, the disputing parties who initially wanted a settlement change their decision to divorce. This study is a field study whose data is collected through interviews and observations at the Sleman Religious Court. It employed legal ethics theory to analyze the role of an attorney in the divorce mediation process and legal system theory to analyze several factors that cause the failure of divorce mediation, as well as whether an attorney has a role. The results of this study show that many attorneys have carried out their duties by the Advocate Code of Ethics and by the regulations on mediation procedures in the court. However, some advocates still try to influence their clients in the mediation process. From a juridical perspective, it cannot be justified, as it does not follow the law and ethics. However, it is not entirely to blame, because in terms of legal structure, there are mediation facilities at the Sleman Religious Court that are not regulated by the Supreme Court, such as mediation rooms that are not soundproof, so that the attorney hears the conversation between the mediator and the principal.
Copyright (c) 2025 Banaan Iqbal Robbani http://creativecommons.org/licenses/by-sa/4.0
Granting Permission for Registering Interfaith Marriage in Indonesia; The Marriage Law and The Human Rights Law Perspective
Interfaith marriage always controversial in Indonesia. The granting of permission to register interfaith marriages has been rampant in the District Court before the existence of Supreme Court Circular Letter No. 2 of 2023 concerning the prohibition of registering interfaith marriages. The granting of permission to register interfaith marriages is very controversial because it is not clearly regulated in the marriage law. Surabaya District Court with Number: 916/Pdt.P/2022/PN.Sby has given permission for registering interfaith marriages. This research aims to find out the legal considerations of the judge in granting permission for registering interfaith marriages, and to analyze the decision in terms of the Marriage Law and the Human Rights Law. This study is a library study with a normative juridical approach. It uses the legality theory and the universality and relativity theory of human rights. This study concludes that the judge has considered the human rights of the petitioners to grant the registration of marriage between different religions. In terms of the Marriage Law, the legal considerations used by the judge are not quite right, because the article explains that marriage is prohibited if it is prohibited by religion, and all religion in Indonesia prohibit interfaith marriage. In terms of the Human Rights Law, it is explained that a marriage is valid if it is in accordance with the provisions of the applicable laws and regulations, so that the legalization of marriage should refer to the Marriage Law.
Copyright (c) 2024 Ahmad Busyrol Karim; Sahur Ramsay http://creativecommons.org/licenses/by-sa/4.0
Forced Marriage in Cultural Practices and Sexual Violence Law
This study analyzes criminal law policy regarding forced Marriage disguised as a cultural practice, taking into account current conditions and the legal protection provided by Law Number 12 of 2022 concerning Criminal Law of Sexual Violence (TPKS). This is a problem in itself, considering that several regions in Indonesia still embrace the culture of forced Marriage. At the same time, on the other hand, many parties say that it violates human rights, while many cultural practices then derogate many human rights. Then how does the TPKS Law see forced Marriage, which in some regions is legalized by customary laws? To answer this, this study uses a normative legal research methodology through a statutory approach. The collection of legal materials will involve an examination of relevant regulations, which will then be analyzed comprehensively to arrive at conclusions that answer the research questions. This study find that (1) policies regarding forced marriages conducted under the guise of culture have been regulated in the TPKS, thus changing actions that were previously not considered criminal offenses into criminal offenses that can be subject to legal sanctions. (2) Legal protection against forced Marriage under the guise of culture is divided into two forms of protection, namely preventive protection carried out by the central and regional governments and repressive protection in the form of imposing sanctions on perpetrators, accompanied by various additional sanctions and providing rights for victims during the judicial process and afterward.
Copyright (c) 2023 Sarping Saputra, Ririn Maulina Putri, Syifa Maulida Fahmia Syihab
Balancing Democracy and Adz-Dzari'ah Principles: Legal Reasoning on Term Limits for Political Party Chairpersons in Indonesia
This study explores the issue of term limits for political party chairpersons from the perspective of democracy and the principles of az-zari'ah. In 2022-2023, there was a surge in lawsuits to the Constitutional Court regarding the absence of rules regarding the term of office of political party chairpersons in Indonesia. The number of lawsuits shows that the absence of such rules has caused considerable problems, both within and outside political parties and the state. Various political diseases have become increasingly apparent, such as the perception that public officials only follow the direction of party leaders (bossism), and this has the potential to lead to abuse of power by political party chairmen in the context of public policy. Using a qualitative literature review methodology, this study uses a comparative philosophical approach, namely by paying attention to the principles of democracy and applying methods derived from az-zari'ah. Both of these are used because, on the one hand, Indonesia is a country that applies the principles of democracy; on the other hand, many Indonesian people believe in the truth of Islamic law, including the principles of az-zari'ah. It was found that, from the perspective of az-zari'ah, the term of office of the party chairman must be limited (closed) so as not to become a vehicle for political disease. By Az-zari'ah, limiting the term of party leaders becomes a crucial matter, as it helps mitigate potential harms that may arise in the absence of such limitations. Meanwhile, from a democratic perspective, it also has the same value implications, namely the need to limit the term of office of the chairman. Democracy has the basic function of limiting political power in a person and not expanding or giving unlimited power like a monarchical system. This is because democracy believes that power tends to corrupt, and absolute power corrupts. So, since Indonesia uses the philosophy of democracy in its country, every political institution, in this case, political parties, must abide by the same rules.
Copyright (c) 2013 Mu'tashim Billah, Vivi Rahma, Alda Kartika Yudha
Legal Aspects of Crypto Assets on Indonesian Digital Investment Development
This study aims to understand the legal aspect of digital investment in Indonesian crypto assets which is linked to the theories of legal certainty, justice, and benefit. Currently, Indonesian people are very fond of the cryptocurrency digital investment trend. The Indonesian government has provided several regulations regarding the physical crypto market mechanism. However, the rules regarding cryptocurrencies cannot guarantee that problems will not arise in the future. Moreover, cryptocurrency and its rules are still very new. There is still a lot of confusion in society about whether crypto investment is safe or not. This study is normative juridical study using a statutory and conceptual approach, which is summarized by examining statutory regulations and related legal doctrine. The results of this study explain that the Indonesian government is opening up opportunities by legalizing digital crypto investment activities to strengthen the economic sector. Crypto in Indonesia can only be used as an investment instrument, not currency. The implementation of crypto asset trading is regulated in the Commodity Futures Trading Supervisory Agency (Bappebti) Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of Physical Crypto Asset Markets. This regulation regulates the use of Good Corporate Governance principles in the context of carrying out buying and selling of crypto assets on the Crypto Futures Exchange (CFX). Bappebti's regulations were then changed with the enactment of Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (UU P2SK) which expanded the authority and responsibility of the Financial Services Authority (OJK) to include digital financial assets, crypto assets and Financial Technological Innovation Sector. (ITSK).
Copyright (c) 2023 Egi Hadi Kusnadi, Rifqi Ridlwan Nasir, Hikam Hulwanullah
Striking a Balance: Navigating Exemptions in Extradition for Terrorism and Political Offenses under International Law
This legal study critically analyzes the complexities of navigating exceptions to extradition, particularly concerning Terrorism and political offenses. It also distinguishes between comprehensive and sectoral conventions as well as universal and regional treaties, explaining the various approaches and their implications. It is a complex landscape of legal responses to international Terrorism. The efficacy of global conventions in addressing this very important issue is questionable. Each country has criteria for ascertaining what constitutes Terrorism and political offenses that can affect extradition. There is very little difference in the character of Terrorism and political offenses. Given the increasing global anxiety surrounding Terrorism and political offenses, this provides a significant perspective on the ongoing discourse on extradition in international law. This study uses a comprehensive qualitative methodology. It carefully examines legal texts, case law, and scholarly literature alongside a comparative analysis of extradition treaties and state practice. It used theories of democracy and Terrorism itself (which, in a global sense, must be fought) to distinguish and strike a balance between Terrorism and political offenses. Ultimately, this study has identified effective solutions to combat international Terrorism while addressing the differences between conventions. It also found a growing relationship between democratization and the global fight against Terrorism, with arguments for not categorizing acts of Terrorism as political offenses, especially in democracies. In addition, this study enhanced the understanding of the legal framework for countering international Terrorism and provided insight into the challenges and opportunities presented by various conventions. These findings have significant implications for refining extradition law, encouraging a balance that respects human rights, guarantees justice, prevents the abuse of the extradition process for political purposes, and contributes to the evolution of a fair and just international legal framework.
Copyright (c) 2023 Sheikh Muhammad Adnan, Amir Shahzad, Mohsin Raza, Salman Shahzad, Raheel Jameel
Traditional (Culinary) Markets as A Tourist Village during The COVID-19 Pandemic and Post-COVID-19 Period: A Socio-Legal Study
Village tourism is one of the flagship projects and tourism development priorities of the Yogyakarta Regional Government (DIY Regional Regulation No. 1 of 2019) to optimize the potential of village resources to improve the welfare and economic independence of village communities (Law No. 6 of 2014). To optimize the policy, the DIY Government has developed a management system in the 2015–2025 Regional Tourism Development Master Plan with the facilitation of a Tourism Village Pioneer towards an Independent Tourism Village. The management includes the planning, implementation, and control of tourism village activities. This study will examine the implementation and dynamics of regulations during the COVID-19 pandemic and post-COVID-19. To explain and measure the policy, an empirical (socio-legal) study was conducted on one of the tourist villages, "Pasar Kuliner Belik Sonto" Sleman, as a sample, which had received a grant from the Ministry of Tourism in 2021 for a pilot tourism village management model. The study results concluded that the governance of tourist villages such as the Belik Sonto Gamplong I Traditional Culinary Market during the COVID-19 period did not appear optimal. It is due to the lack of conceptual standardization of institutional governance and in terms of regulations. Meanwhile, post-COVID-19, tourism village governance entering the recovery and normalization phase needs to reformulate tourism village development plans and resources towards resilient and superior tourism villages through product innovation, synergy between various parties, the government, and related regional apparatuses, collaborative variations of tourism village events, and the development of marketing systems. This governance fully adapts to various post-COVID-19 mitigation regulations by developing tourism village safety and health infrastructure.
Copyright (c) 2023 Nurainun Mangunsong, Willy Naresta Hanum, Abdul Hamid Kwarteng
Forced Money (Dwangsom) in the Indonesian State Administrative Court System and Astreinte in French Conseil d'État
The administrative court system in Indonesia shares fundamental similarities with the state administrative court system in France. This study aims to conduct a comparative analysis of the judicial systems in Indonesia and France, specifically focusing on examining the regulation of forced money penalties (dwangsom) in Indonesia. It has been around for about fourteen years since Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning the State Administrative Court ("State Administrative Court Law); there are no implementing regulations, thus hindering the imposition of forced money in the decisions of the State Administrative Courts in Indonesia. As per the author's assertion, this circumstance can potentially diminish the effectiveness of the State Administrative Courts in Indonesia, undermining their ability to enforce judgments. In the context of legal matters, it is noteworthy to mention that the French Conseil d'État has taken measures to govern the issue of forced money penalties (astreinte), specifically regarding their execution and associated costs. The study used normative juridical. It also used a comparative method to normative juridical methods to analyze Indonesia's principles, norms, and legal system. Study findings indicate the urgent need to establish regulations on imposing forced money penalties within the Indonesian Administrative Court. This is crucial to mitigate challenges associated with enforcing forced money decisions, minimize financial losses resulting from errors in official services, and address the legal uncertainty surrounding the determination of forced money costs.
Copyright (c) 2023 Sandya Erlangga, Huta Disyon, Hoàng Thảo Anh
Regulation is one of the products of legislation local level. Regulation contains rules that govern all matters relating to the region in order to realize a fair society and a prosperous society. The legal, political, economic, social, and cultural factors that influence a formation law. Regulation in shades of democracy and regional autonomy should reflect the interests of the public, especially in the areas concerned in order legislation does not reflect the interests of local elites alone. This paper aims to find out about how the establishment of democratic regulation.
Quo Vadis UUD 1945: Refleksi 67 Tahun Indonesia Berkonstitusi
For the modern state, the constitution must be understood as a development concept. The constitution can not be viewed as a static document, but it lives and grows as the basic principle of the state organization that always followes the developments and dynamics of society. The constitution was born from constitutionalism which provides limits of state power in one side and guarantee for the rights of people through constitutional provisions in another side. During 67 years of Indonesia’s independence,the constitution give the color in the organization of state administration. Many important events woven in 3 (three) constitutions in this period, namely the Constitution of 1945, the Constitution of 1949 United Republik of Indonesia and Provisional Constitution of 1950. Departing of the view that the constitution should follow the development and dynamics of society, this paper will explore the journey of life about the constitution of the early independence to this present era. For a dynamic society, creation of awareness constitution is very important, because the constitutional talks in the future will increasingly contentious and polemical as in previous years.
Legality and Legitimacy of Khatam Al-Quran: Study on Formalization of Islamic Law in Banjar Regency, South Kalimantan
This article identifies two forms of support for the formalization of Islamic law by examining the case of the Khatam Al-Qur'an in Banjar Regency, South Kalimantan. Using the theoretical framework of legal instrumentalism, it raises the question: how can the legality and legitimacy of the Khatam Al-Qur'an formalization in Banjar Regency be understood? From a legal standpoint, this formalization is valid and carries juridical authority within the framework of national law. Meanwhile, in terms of legitimacy, the policy enjoys strong public support as it is rooted in a local tradition known as Batamat—a deeply embedded cultural practice of Qur’anic completion ceremonies in Banjar society. Applying the theory of legal instrumentalism, this article finds that the formalization of Khatam Al-Qur`an has occurred through two complementary pathways. The first is the enactment of a regional regulation (Perda Khatam Al-Qur`an), which serves as the source of its legality. The second is the Batamat tradition, which provides the foundation for its legitimacy.
Copyright (c) 2024 Faiq Tobroni, Muhamad Nasrudin http://creativecommons.org/licenses/by-sa/4.0
How Could Judges Ignore the Audi Et Alteram Partem Principle in a Criminal Case Trial?
In a judge's decision, legal considerations aim to delve into the facts revealed at trials based on the audi et alteram partem principle, which must exist and become a foundation. The philosophy of the audi et alteram partem principle is essentially the values of justice and balance. In applying the audi et alteram partem principle in a criminal case, although the judges have judicial power, they should consider the evidence and facts that are not only submitted by the public Prosecutor but also have to consider the evidence and facts submitted by the defendant. In decision Number 123/Pid.B/2022/PN Yyk, the panel of examining judges rejected the explanation of the witness a de-charge which was not based on a clear reason, so it was felt that the panel of judges examining the case did not consider the explanation of the witness which was mitigating for the defendant and violated the principle of audi et alteram. Therefore, this study aims to elaborate on how the judicial panel examined the case by applying the audi et alteram partem principle. To answer these legal issues, this study uses combined research methods of normative and empirical data with data collection methods by conducting interviews and literature reviews as well as using descriptive qualitative data analysis methods. The result of this study showed that the judicial panel examining case number 123/Pid.B/2022/PN Yyk did not consider the audi et alteram partem principle for the judgment because the judges were not balanced by only considering the prosecutor's explanation and rejecting the testimony of the defendant's witnesses and ignoring material truth of defendant's proof.
Copyright (c) 2023 Raihan Akbar Hidayat, Beni Hidayat, Ahmed Hedieloum Kodio
Religious Rights and State Presence in John Locke's Liberalism Perspective (Reflections on the 1984 Tanjung Priok Case)
Upholding human rights as a part of international law without the presence of the state would seem impossible because the state is an essential element of international law. What is interesting is what happened in the 1984 Tanjung Priok Indonesia case, where human rights violations occurred because of the state's presence. The question is, how should the state's presence be? This study reflected on the 1984 Tanjung Priok case as a lesson on how countries should be involved in religious rights so as not to injure human rights. Answering that question, this study used a normative approach and John Locke's theory of liberalism. Furthermore, this study found that during the New Order era, the state's presence in civil rights was too deep, especially those related to religious rights. The presence of the state is indeed important, but the presence of the state, which is very dominant for reasons of political stability by depriving people of the right to practice their religion, cannot be justified. In addition, it is also unacceptable if the state reduces civil rights because of religious considerations. Although it is difficult, if the state has a certain ideology or religion, the state should not harm individual rights, including the rights of other religions and the religious rights of its citizens that are different. The state must not interfere too deeply or get too involved in its own ideology/religion, which then prohibits the religious rights of adherents of other religions who are its citizens.
Copyright (c) 2023 Orchida Nadia Salsabila, Nilman Ghofur, M. Misbahul Mujib