176 research outputs found
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A Proportional Sentencing Norms for Accomplices in Indonesian Corruption Cases: Norma Hukuman yang Proporsional untuk Pelaku Pendamping dalam Kasus Korupsi di Indonesia
No full textGeneral Background: Corruption is an extraordinary crime requiring effective legal measures. Specific Background: In Indonesia, accomplices in corruption crimes receive the same punishment as principal offenders, raising concerns about fairness. Knowledge Gap: Current laws do not differentiate culpability levels, leading to potential injustices. Aims: This study examines the proportionality of sentencing norms for accomplices in corruption cases. Results: Findings show that equal sentencing contradicts proportional justice and creates legal inconsistencies. Novelty: The study highlights conflicts between the Anti-Corruption Law and the Criminal Code, advocating for reform. Implications: Policy adjustments are needed to align sentencing with justice principles, ensuring fairness in anti-corruption enforcement.
Highlights:
Unequal Punishment: Accomplices receive the same sentence as principal offenders, raising fairness concerns.
Legal Inconsistency: The Anti-Corruption Law conflicts with the Indonesian Criminal Code on culpability.
Policy Reform Needed: Sentencing should align with proportional justice to ensure fairness in law enforcement.
Keywords: Proportionality, Accomplices, Offenc
The Validity of Eigendom Land Transitioning to Certificate of Building Rights Without Administration from the Village Head: Keabsahan Tanah Eigendom yang Beralih Menjadi Sertifikat Hak Guna Bangunan Tanpa Administrasi Dari Kepala Desa
No full textGeneral Background: Land conversion is a crucial legal process in Indonesia's agrarian reform. Specific Background: The enactment of the 1960 Agrarian Law (UUPA) mandated the conversion of colonial land rights, including Eigendom, into the national land tenure system such as Sertifikat Hak Guna Bangunan (SHGB). Knowledge Gap: However, limited studies examine the legal implications when such conversions occur without formal administrative support from local authorities. Aims: This study investigates the legality of Eigendom land conversion into SHGB in the absence of administrative validation from the village head. Results: Using a normative juridical method and statutory interpretation, the study finds that the absence of administrative verification, particularly from the village head as the provider of land status information, undermines the legal validity of the SHGB conversion despite the presence of ownership evidence. Novelty: This research uniquely highlights the critical but often overlooked procedural role of local administrative involvement in legitimizing land rights transformation. Implications: The findings underscore the necessity of integrating formal administrative procedures to ensure legal certainty, minimize disputes, and strengthen public trust in land registration practices within Indonesia’s agrarian legal framework.
Highlights:
Highlights the legal impact of missing village administration in land conversion.
Emphasizes the role of UUPA in transitioning colonial land rights.
Stresses the need for administrative procedures to ensure validity.
Keywords: Administration, Eigendom, Transition, Validity.
 
Criminal Responsibility for Police Officers as Narcotics Dealers: Pertanggung Jawaban Pidana Terhadap Aparat Kepolisian Sebagai Pengedar Narkotika
No full textGeneral Background: The involvement of law enforcement officers in drug trafficking poses a serious threat to the credibility and integrity of the police institution. Specific Background: While the general public is subject to strict legal consequences for narcotics distribution, the role of police officers as offenders introduces a complex dynamic in the enforcement of narcotics law. Knowledge Gap: Existing studies often overlook the mechanisms and accountability processes specific to police officers involved in such crimes. Aim: This study aims to examine the legal regulations, legal procedures, and criminal liability applied to police officers who act as drug dealers.Results: Using a normative juridical method, the findings reveal that police officers are held criminally accountable under the Narcotics Law, without exception or special treatment. Legal proceedings are conducted in general courts, and offending officers are typically suspended and risk dishonorable discharge (PTDH) for institutional damage. Novelty: The research highlights the internal disciplinary implications in addition to formal legal sanctions, emphasizing institutional accountability. Implications: The study suggests the imposition of severe sanctions against offending officers to preserve public trust and institutional integrity, and to serve as a deterrent against abuse of authority in narcotics crimes.
Highlights:
Police officers face the same legal process as civilians for narcotics crimes.
Offending officers are subject to suspension and possible dishonorable discharge.
Harsh sanctions are essential to uphold public trust in law enforcement.
Keywords: Criminal Liability, Police Officer, Drug Trafficking, Narcotics Law, Institutional Integrity
 
Model of Paranormal Testimony as Evidence in the Crime of Witchcraft from the Perspective of Legal Certainty
No full textGeneral Background: The criminalization of black magic presents complex challenges at the intersection of law, culture, and religion. Specific Background: Article 252 of Indonesia's National Criminal Code regulates black magic based on claims of supernatural power, punishable by imprisonment or fines. Knowledge Gap: However, there is limited clarity on the role of paranormal witnesses in the evidentiary framework of such crimes, particularly from the perspective of legal certainty. Aims: This study aims to design a model for utilizing paranormal witnesses as supporting evidence in black magic cases. Results: Employing a sociolegal method with legislative and conceptual approaches, supplemented by interviews with East Java Regional Police investigators and religious figures, findings reveal that scientific investigation methods are prioritized over paranormal testimony. In Islamic law, proving black magic requires confession, valid witness testimony, or strong qarinah, with input from ruqyah experts serving only as reinforcement. Novelty: The study introduces a model that aligns with Article 184(1) Jo. 183 of the Criminal Procedure Code, positioning paranormal testimony as non-autonomous, corroborative evidence. Implications: The research proposes establishing a certified paranormal association to ensure formal legality and regulated participation in criminal investigations involving supernatural claims.
Highlights:
Legal evidence for black magic relies on scientific and sharia-valid proof.
Paranormal testimony serves only as supporting (non-primary) evidence.
Certified paranormal associations are proposed for formal legal legitimacy.
Keywords: Paranormal Witness, Evidence, Witchcraft Crime, Legal Certaint
About Sovereign Wealth Fund : Comparative Study Between Daya Anagata Nusantara and 1Malaysia Development Berhad
No full textGeneral Background: Sovereign Wealth Funds (SWFs) function as state-owned investment instruments designed to support macroeconomic stability and long-term development. Specific Background: Indonesia’s Danantara and Malaysia’s 1MDB represent two national models with shared objectives but divergent governance outcomes. Knowledge Gap: Despite Danantara’s strategic role in state-asset consolidation, limited research has compared its legal foundation and governance vulnerabilities with the failed 1MDB model. Aims: This study examines the governance structures, legal legitimacy, and oversight mechanisms of Danantara in comparison with 1MDB to identify potential risks. Results: Findings show that both institutions exhibit similarities in centralized executive control, ambiguous regulatory frameworks, and insufficiently independent auditing processes, creating vulnerabilities to conflicts of interest and weakened accountability. Novelty: This research provides an early, systematic legal-comparative assessment of Danantara, highlighting structural parallels with 1MDB before similar governance failures materialize. Implications: Strengthening Danantara’s sui generis legal basis, clarifying institutional status, and reinforcing checks-and-balances mechanisms are critical to preventing maladministration, ensuring transparency, and safeguarding national assets.
Highlights:
Danantara and 1MDB share governance risks rooted in concentrated executive authority.
Weak legal frameworks and unclear institutional status heighten vulnerability to maladministration.
Strengthening oversight, transparency, and checks-and-balances is crucial to prevent 1MDB-like failures.
Keywords: Danantara, 1MDB, Sovereign Wealth Fund, Governance, Legal Accountabilit
The Application of Restorative Justice-Based Penal Mediation at the Batu District Attorney's Office : Penerapan Mediasi Penal Berbasis Keadilan Restoratif di Kejaksaan Negeri Batu
No full textGeneral Background: Criminal justice reform in Indonesia increasingly emphasizes restorative justice as a humane alternative to retributive approaches, particularly through penal mediation. Specific Background: The issuance of Regulation of the Prosecutor’s Office No. 15 of 2020 mandates the optimization of penal mediation to resolve criminal cases by prioritizing victim recovery and social harmony, as implemented by the Batu District Attorney’s Office. Knowledge Gap: Existing studies largely focus on normative or philosophical dimensions of penal mediation, leaving limited empirical analysis on its practical implementation at the prosecutorial level. Aims: This study examines the application of restorative justice–based penal mediation at the Batu District Attorney’s Office, identifies implementation barriers, and formulates an ideal model for optimization. Results: Empirical findings reveal that penal mediation has been implemented in accordance with the regulation, resolving nine cases in 2024, yet faces obstacles including victim unwillingness, recidivism, compensation disputes, and limited procedural timeframes. Novelty: This research offers an empirical, practice-oriented analysis of restorative penal mediation within a district prosecutor’s office context, filling a gap in implementation-focused scholarship. Implications: Strengthening internal regulations, extending mediation time limits, and enhancing specialized training for prosecutors are crucial to ensure legal certainty, effectiveness, and sustainable restorative justice outcomes.
Highlights:
Implementation of restorative justice–based penal mediation aligns with Regulation No. 15 of 2020 but remains procedurally constrained.
Practical barriers include victim resistance, recidivism, compensation disputes, and limited mediation timeframes.
Institutional strengthening through internal regulations and specialized prosecutor training is essential for effective mediation outcomes.
Keywords: Prosecutorial Authority, Penal Mediation, Restorative Justice, Criminal Case Resolution, Legal Refor
Obstacles and Challenges in Implementing Flogging Law for Khalwat Offenders
No full textGeneral Background: Aceh Province holds a special status in Indonesia, allowing the formal implementation of Islamic sharia through Qanun, including sanctions for khalwat (seclusion between non-mahram individuals). Specific Background: Qanun Jinayat No. 6/2014 explicitly categorizes khalwat as a jarimah punishable by flogging, but its enforcement in Aceh Tenggara remains inconsistent and contested. Knowledge Gap: Previous studies largely examined normative or localized aspects, leaving insufficient exploration of the multidimensional obstacles—structural, cultural, juridical, and procedural—that undermine the law’s effectiveness. Aims: This study seeks to identify, analyze, and evaluate the obstacles and challenges faced in enforcing flogging sanctions against khalwat perpetrators in Aceh Tenggara, and to formulate strategic solutions. Results: Findings reveal that weak institutional capacity, limited training, overlapping legal norms, community resistance, and social pressures on law enforcement significantly hinder consistent and fair implementation. Novelty: Unlike earlier works, this study provides a comprehensive analysis that integrates legal theory with empirical insights, offering a holistic view of enforcement challenges. Implications: Strengthening inter-agency coordination, enhancing officer capacity, and promoting community legal awareness are essential to ensure that sharia enforcement in Aceh is more effective, just, and contextually responsive to societal dynamics.
Highlights:
Structural, cultural, and juridical barriers weaken effective implementation.
Social resistance and weak institutional capacity hinder law enforcement.
Strengthening officer training and inter-agency coordination is crucial.
Keywords: Flogging Law, Khalwat, Qanun Jinayat, Legal Enforcemen
Legal Force of Administrative Remedies in the Settlement of State Administrative Disputes: Kekuatan Hukum Tindakan Administratif dalam Penyelesaian Sengketa Administrasi Negara
No full textGeneral Background: Indonesia, as a constitutional state, mandates that administrative actions adhere to legal norms, where administrative dispute resolution mechanisms play a vital role in ensuring justice and accountability in governance. Specific Background: The existence of administrative remedies—comprising objections and administrative appeals—serves as a non-judicial mechanism designed to resolve conflicts internally before proceeding to the State Administrative Court (PTUN). However, inconsistencies between Law No. 5/1986, Law No. 30/2014, and Supreme Court Regulation No. 6/2018 have created uncertainty regarding the obligatory nature of these remedies. Knowledge Gap: Limited research has comprehensively analyzed the binding legal force of administrative remedies and their implications for legal certainty and access to justice. Aims: This study aims to analyze the legal force and implications of administrative remedies in resolving state administrative disputes. Results: Findings show that administrative objections generally lack binding legal force and function more as recommendations, while administrative appeals possess stronger but under-implemented authority. Novelty: The research highlights disharmony among the relevant legal frameworks and its effect on the principle of exhaustion of administrative remedies. Implications: Strengthening the effectiveness and accountability of administrative remedies is crucial to enhance access to justice and ensure legal certainty within Indonesia’s administrative law system.
Highlights:
Examines the inconsistency between laws regulating administrative remedies.
Identifies the weak binding power of objections and limited efficacy of appeals.
Highlights the need for stronger accountability to ensure access to justice.
Keywords: Legal Force, Administrative Remedies, State Administrative Disputes, Legal Certainty, Access to Justic
A Comparative Study on Legal Protection for Consumers Using Digital Lending Services in Indonesia and Singapore from the Perspective of Legal Development Theory: Perbandingan Perlindungan Hukum bagi Konsumen Pengguna Layanan Pendanaan Digital antara Indonesia dan Singapura dalam Perspektif Teori Pembangunan Hukum
No full textGeneral Background: The rapid expansion of digital lending in Indonesia and Singapore reflects a broader transformation in financial technology that demands stronger regulatory safeguards. Specific Background: Despite regulatory efforts, Indonesia continues to face challenges of weak supervision, low industry compliance, and high exposure to illegal platforms, whereas Singapore has established a more structured and integrated regulatory model. Knowledge Gap: Comparative analyses examining both countries’ legal frameworks through the lens of Legal Development Theory remain limited, particularly regarding their effectiveness in ensuring consumer protection. Aims: This study analyzes and compares the legal protection mechanisms governing digital lending in Indonesia and Singapore while assessing their alignment with legal development principles. Results: Findings show Indonesia relies on POJK 40/2024, Consumer Protection Law, and Personal Data Protection Law, yet enforcement remains inconsistent; in contrast, Singapore’s Payment Services Act, CPFTA, PDPA, and MAS compliance-based supervision ensure stronger preventive regulation and more efficient dispute resolution. Novelty: This research integrates comparative regulatory analysis with Legal Development Theory to reveal differing developmental orientations of both jurisdictions. Implications: Strengthening supervisory capacity and enforcement is essential for Indonesia to build a safer, equitable, and innovation-supportive digital lending ecosystem.
Highlights:
Strong contrast exists between Indonesia’s fragmented enforcement and Singapore’s integrated MAS-led regulatory model.
Singapore emphasizes preventive, risk-based oversight, while Indonesia remains largely reactive to emerging problems.
Effective consumer protection hinges not only on regulation completeness but also on consistent supervision and institutional capacity.
Keywords: Digital Lending, Consumer Protection, Fintech Regulation, Legal Development Theory, Comparative La
Reconstructing the Requirements for an Incumbent Candidacy to Achieve Fair dan Democratic Regional Elections: Merekonstruksi Persyaratan Pencalonan Petahana untuk Mewujudkan Pilkada yang Adil dan Demokratis
No full textGeneral Background: Regional elections play a crucial role in democratic governance, ensuring public participation in leadership selection. However, fair electoral competition is often challenged by the undue advantage of incumbent candidates. Specific Background: Indonesia’s Law No. 10 of 2016 permits incumbent regional heads to take a leave of absence during elections rather than resigning, raising concerns about potential abuse of power. Knowledge Gap: While existing studies discuss election regulations, limited research has specifically examined the urgency of mandatory resignation for incumbents seeking re-election. Aims: This study evaluates the fairness of incumbent candidacy requirements and proposes legal reforms to prevent electoral manipulation. Results: The analysis reveals that the leave requirement is insufficient to prevent conflicts of interest, as incumbents retain influence over state resources, policies, and personnel. Comparative legal frameworks from other countries suggest that a resignation mandate can enhance electoral integrity. Novelty: This research uniquely emphasizes the necessity of reconstructing candidacy rules to include mandatory resignation, drawing on constitutional principles of fairness and equality. Implications: The findings advocate for legislative amendments to establish a resignation requirement for incumbents, thereby strengthening democratic processes and ensuring a more equitable electoral system.
Highlights:
Incumbent Advantage: Allowing leave instead of resignation enables unfair use of state resources.
Legal Reform Needed: Mandatory resignation ensures equal competition in elections.
Democratic Integrity: Strengthening regulations prevents power abuse and promotes fairness.
Keywords: Regional Head, Elections, Incumbent Candidacy, Reconstructio