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Forensic Examination and Criminalistics in Investigating War Crimes: European and Ukrainian Experiences
Full text linkThe rising prevalence of war crimes, particularly in Ukraine, highlights the urgent need for robust forensic investigations to uphold justice and accountability in conflict zones. This study addresses the challenges in investigating war crimes, focusing on integrating effective forensic and criminalistics practices into Ukraine’s framework. The research aims to summarize best practices in forensic science by drawing on the experiences of European countries and their application in Ukraine. A structural-functional approach was employed, utilizing qualitative data from case studies, legal documents, and forensic reports. Comparative analysis of methods used in Ukraine and Europe highlights current investigative practices' successes and challenges. Key findings include the effectiveness of DNA analysis for victim identification, digital technologies for documenting crimes, and forensic methodologies in evidence collection and analysis. The study concludes that forensic science and criminalistics are indispensable in war crime investigations, emphasizing the adoption of innovative techniques to improve justice delivery. Integrating advanced forensic practices into Ukraine’s investigative processes can enhance accountability and contribute to international standards in war crime investigations
Countering Terrorist and Extremist Criminal Offences: A Situational Approach
Full text linkThe study examines the unique characteristics of terrorist and extremist activities in Kazakhstan compared to other countries. The primary objective is to analyze public perceptions of extremism and terrorism while identifying key socioeconomic and political factors contributing to their emergence. A quantitative survey method involving 2,905 respondents assessed public attitudes toward these issues. Additionally, a situational approach was used alongside historical and comparative legal methods to trace the development of extremism in Central Asia and highlight distinctive regional influences. The survey findings indicate that declining living standards, internal political instability, and external factors significantly contribute to extremist activities. Based on these insights, the study proposes targeted recommendations, including strengthening the legal framework, enhancing inter-agency coordination, integrating advanced information technologies, and adopting a situational approach to mitigate extremist threats. These measures are expected to improve national security and facilitate international cooperation in combating terrorism. The study underscores the necessity of a comprehensive and proactive strategy to address the region's evolving nature of extremist threats
Crisis Diplomacy from Below: Subnational Legitimacy, Legal Pluralism, and Global Multilevel Governance Dynamics
Full text linkThis Study analyzes how subnational governments in Surabaya (Indonesia), Cebu (Philippines), and Chiang Mai (Thailand) Practice diplomacy amid crises. This study introduces the concept of crisis diplomacy from below, describing how cities navigate centralized legal systems yet engage globally during pandemics, disasters, and economic shocks. Using a Qualitative, theory-guided comparative case study based on MoUs/Lols, city-network documents, and secondary sources, this study finds that a state-centric treaty framework leaves recognition gaps but allows informal collaboration. Grounded in performance-based legitimacy, legal pluralism, multilevel governance, and actorness, cities emerge as pragmatic diplomatic actors employing soft legal tools, networks, and cultural exchanges to overcome legal and institutional constraints. Results indicate greater flexibility and responsiveness in health and disaster management, as well as clearer paths for sustainable development. This study contributes to the field by conceptualizing crisis diplomacy from a bottom-up perspective and proposing hybrid legal mechanisms to legitimize city-level cooperation during crises without compromising sovereignty, thereby advancing an inclusive model of global governance that recognizes subnational actors, particularly in Southeast Asia
Strengthening of Sharia Savings, Loans, and Financing Cooperative Institutions: Friedman's Legal System Theory Framework
Full text linkThis study aims to strengthen the Sharia Savings and Loans and Financing Cooperatives (KSPPS) institution from the perspective of legal system theory inIndonesia. Thisstudy employs anempiricaljuridical research type, utilizing a qualitative approach. The research used primary and secondary data sources. The research findings indicate that strengthening KSPPS institutions from the perspective oflegal system theory, including structural elements, is crucial for enhancing human resource capacity and fostering synergy among KSPPS supervisory institutions. Legal structure enhancement can be achieved by improving the performance of the Sharia Supervisory Board and the National Sharia Council in overseeing KSPPS, as well as establishing internal supervisory units and a Sharia Islamic deposit insurance agency. Furthermore, the strengthening of KSPPS BMT institutions can also be realized by synergizing with organizations such as the Ministry of Cooperatives, the Financial Services Authority, the National Sharia Council, and the Sharia Supervisory Board. This strengthening will contribute to the formulation of legislation related to KSPPS. With the institutional strengthening of KSPPS, institutional issues related to KSPPS, in terms of legal substance, legal structure, and legal culture, can be minimized and more easily resolve
Legal Protection for Private Lecturers: Addressing Sub-Minimum Wage Challenges in West Java
Full text linkPrivate lecturers in Indonesia play a crucial role in higher education; however, they face significant welfare issues, particularly concerning salaries that often fall below the Regional Minimum Wage (UMK). This study aims to identify the challenges faced by private lecturers in West Java related to inadequate salaries and offer recommendations for improvement. Using a qualitative research approach, the study interviews private lecturers and analyzes employment agreements from several private universities. It also examines relevant laws and regulations, including Law Number 14 of 2005 on Teachers and Lecturers, Government Regulation Number 37 of 2009 on Lecturers, Law Number 30 of 2014 on Government Administration, and Law Number 13 of 2003 on Manpower. The findings reveal that, despite formal employment agreements, many lecturers earn less than the UMK, negatively impacting their welfare. Contributing factors include a lengthy certification process, inadequate social security, and the lack of academic ranks for many permanent lecturers. Many private lecturers are not registered with the social security program (BPJS). This study concludes that salaries below the UMK create injustice and undermine the teaching profession. Strengthening employment contracts, clarifying rights and obligations, and raising awareness about lecturers' rights are essential for improving their welfare
Comparison of Malaysian and Indonesian Whistleblower Legal Protection as a Tool for Criminalization Elimination
Full text linkWhistleblowers in Indonesia face significant risks due to insufficient legal protection, particularly in cases involving corruption. The absence of comprehensive safeguards often leads to retaliation and even criminalization. This study aims to examine and compare the legal frameworks governing whistleblower protection in Indonesia and Malaysia, with the goal of proposing decriminalization strategies for whistleblowers in Indonesia. Employing a normative juridical approach and comparative legal analysis, this research draws on relevant statutes and case studies from both countries. The results show that Malaysia, through its Whistleblower Protection Act 2010, provides more robust protection mechanisms, including confidentiality guarantees, standardized reporting procedures, legal immunity for disclosures made in good faith, and remedies for reputational harm. In contrast, Indonesia relies primarily on the Witness and Victim Protection Act, which offers limited and less effective protection post-disclosure. Furthermore, Malaysia’s framework clearly defines institutional responsibilities and safeguards against workplace retaliation, aspects largely missing in Indonesia. The study concludes that Indonesia should adopt key elements from Malaysia’s model to strengthen its legal framework. Enhancing whistleblower protections is essential for promoting transparency, accountability, and a more corruption-resistant governance system
Authorship and Ownership of AI-Generated Works in Indonesia: A Doctrinal and Comparative Review
Full text linkThe rise of generative artificial intelligence (AI) challenges the doctrinal foundations of copyright law in Indonesia, particularly the human-centered definition of authorship under Law No. 28 of 2014. This article examines whether Indonesia’s copyright regime can accommodate AI-generated works within its current legal framework and whether adapting the concept of Work Made for Hire (WMFH) can provide a solution to growing legal uncertainties. Using a doctrinal and comparative method, this study analyzes the limits of Indonesian copyright provisions, especially Articles 1(2), 34, and 36, and compares them with legal approaches from the United States, the United Kingdom, and India. While U.S. law requires human authorship for protection, the UK and India allow copyright to be granted to the person who organizes or directs the creation of the work, even if produced by AI. Based on natural rights, incentives, and utilitarian theories, this article proposes a legal reform in Indonesia that would allow copyright ownership to be granted to the human who initiates or controls the AI system. This approach balances legal certainty with the need to support innovation, while preserving the human focus of copyright law
Mitigating the Impact of the Presidential Threshold’s Abolition in Indonesia: A Policy Approach
Full text linkThe Constitutional Court's decision to eliminate the presidential candidacy threshold will change Indonesia's political and electoral system. Small parties and independent candidates have more opportunities thanks to the elimination of the presidential nomination requirement for parliamentary seats or national votes. But this decision's potential consequences must also be considered. The aim of this study is to examine the effects of removing the presidential candidacy threshold on Indonesian politics and propose solutions. The research is normative legal and uses conceptual and comparative approaches to study legal theories, principles, and concepts and compare practices in different jurisdictions. This approach allows an in-depth examination of the normative basis for abolishing the presidential threshold and its relevance and implications through comparison with other political systems. The policy encourages small parties to run in elections, but it may lead to political fragmentation and instability. The Constitutional Court's mandate for open legal policy requires policy mitigation by raising the parliamentary threshold
Assessing Local Communities’ Roles in Geographical Indication Dispute Resolution: Challenges in Southeast Asia
Full text linkGeographical Indications require proper protection with adequate mechanisms, including dispute resolution, particularly in the face of further economic developments. This paper evaluates the adequacy of the Indonesian, Malaysian, and Thai frameworks in ensuring the involvement of relevant local communities in GI dispute resolution, employing a normative legal research method and a comparative approach. Findings of this study highlight that Indonesia, Malaysia, and Thailand each establish formal community recognition in GI registration through explicit statutory provisions. However, the translation of this substantive recognition into dispute resolution frameworks reveals procedural gaps. Each country recognizes community involvement yet lacks complete procedural safeguards, with Indonesia providing no institutional representation guidance, Malaysia omitting ADR mechanisms, and Thailand leaving post-registration standing undefined, further heightening the urgency of legal reforms to ensure that local communities in GI disputes and ensuring that they can be involved in many processes that are relevant to the GIs that represent their geographical area and cultural heritage, through formal litigation or ADR
Democratization of Village Autonomy in the Construction of Indonesian Administrative Law: Is It Possible?
Full text linkThis article explores the potential for democratizing village autonomy within the Indonesian administrative law framework. Although Law No. 6 of 2014 and Law No. 3 of 2024 have granted formal recognition of village self-governance, significant challenges persist, including elite domination, corruption, limited community participation, and weak institutional capacity. Through a normative legal and comparative approach, this study examines the village autonomy experiences of India and the Philippines to identify best practices applicable to Indonesia. Findings indicate that democratization of village autonomy is achievable when supported by legal reform, institutional strengthening, transparent governance, and active citizen engagement. Democratization must go beyond procedural aspects like elections and include cultural adaptation, community empowerment, and the establishment of accountability mechanisms to prevent elite capture. Effective collaboration between central, regional, and village governments is essential to ensure participatory governance that aligns with local needs. Lessons from international cases underline the importance of community-driven planning and legally mandated public participation to achieve sustainable village development. This study concludes that democratizing village autonomy can significantly contribute to inclusive and resilient governance in Indonesia if systemic barriers are addressed comprehensively