FIAT JUSTISIA
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Silencing Constitutional Rights and Repressive Actions by the Authorities: A Comparative Criminal Law Analysis of Indonesia and Nepal
No full textThe policing of protests in Indonesia and Nepal, revealing systemic patterns of excessive force, arbitrary detention, and the criminalization of political expression. In Indonesia, the August 25–29, 2025 protests involved structured abuse of authority, including physical persecution, deprivation of liberty without adherence to Criminal Procedure Code protocols, and obstruction of legal counsel. In Nepal, 2025 protests saw the use of live ammunition, torture, and other severe measures violating the right to freedom of assembly under the 2015 Constitution. Both cases highlight legal deficiencies: Indonesia relies on general penal provisions without specialized instruments for state violations, while Nepal, despite criminalizing torture under Section 167 of the National Penal Code 2017, struggles with politically influenced implementation. Acts of violence and procedural abuse meet the criteria of unlawful acts, abuse of authority, and human rights violations under national and international law, including ICCPR and anti-torture standards. The failure to prosecute security personnel entrenches impunity. Findings indicate that strengthening accountability mechanisms, prosecuting officers when offenses are established, reforming security governance, and instituting independent investigative bodies are essential to protect constitutional rights and prevent recurrent state violence during protests
Legal Position of Joint Property in Marriage Without a Pre-Nuptial Agreement
No full textMarriage has legal consequences for the control and distribution of joint assets, particularly in the absence of a prenuptial agreement, which can create uncertainty and weaken the protection of personal property. This study examines the regulation of joint assets in prenuptial agreements under Law Number 16 of 2019 amending Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 on the Compilation of Islamic Law (KHI), as well as the legal status of joint assets in marriages without such agreements. Using a normative legal research method with statutory and conceptual approaches, the study analyzes primary, secondary, and tertiary legal materials through literature review and qualitative description. Findings indicate that prenuptial agreements provide for the separation of assets and legal certainty, while marriages without agreements merge all assets into joint property, affirming equal rights between spouses but offering limited protection for personal property. The study highlights the strategic role of prenuptial agreements in safeguarding economic rights and ensuring legal certainty in marital property management
Halal Certification and Trademark for Consumer Protection in Indonesian Micro-Enterprises
No full textHalal certification and trademark registration are key legal instruments for strengthening consumer trust in Muslim-majority markets such as Indonesia. For micro-enterprises, they function not only as regulatory compliance mechanisms but also as strategic tools for brand differentiation and market expansion. This study examines the legal frameworks governing halal certification under Law No. 33 of 2014 on Halal Product Assurance and trademark protection under Law No. 20 of 2016 on Marks and Geographical Indications, using a normative juridical approach complemented by qualitative interviews with selected micro-entrepreneurs. The findings show that integrating halal certification and trademark registration generates dual consumer trust based on religious assurance and brand authenticity. However, bureaucratic complexity, limited legal literacy, and cost barriers constrain adoption. The study therefore recommends streamlining procedures, strengthening outreach, and providing targeted financial support to promote broader compliance, consumer protection, and inclusive economic growth
The Significance of Mediator Certificate for Village Heads in Dispute Resolution
No full textHumans are social beings whose interactions often generate conflicts arising from differing interests. Dispute resolution may be pursued through litigation or non-litigation mechanisms, including mediation. This study examines village-level mediation conducted by Kepala Desa (village head), which is rooted in local wisdom and community practices, and mandated by Law Number 6 of 2014 concerning Villages, Article 26 paragraph (4), requiring Kepala Desa to resolve community disputes. The findings indicate that mediator certification is urgently needed to enhance the effectiveness of Kepala Desa in dispute resolution and to improve efficiency in terms of cost, time, and access to justice. Although mediation outcomes are binding and have evidentiary value for the parties, they do not possess Permanent legal force equivalent to a final court decision unless elevated to a peace deed (akta perdamaian)
Local Government and Justice in Strategic Asset Transactions: A Case Study of Indonesia’s National Strategic Project in Bulungan Regency
No full textThe implementation of Indonesia’s National Strategic Projects (PSN) increasingly relied on the exchange of local government assets, particularly land, through ruilslag mechanisms, raising critical issues of justice, accountability, and the protection of public interests. Local governments occupied an ambiguous position as both public authorities and civil law actors, complicating the governance of public asset transfers. Using a normative-empirical legal research method, this study analyzed statutory regulations, regional legal instruments, and official asset swap documents, supported by a case study of Bulungan Regency and interviews with key stakeholders. The findings revealed procedural inconsistencies, limited transparency, and unequal bargaining power in asset transactions, indicating that existing legal frameworks were often inadequately implemented to ensure substantive justice. The study concluded that local governments require stronger institutional, fiscal, and regulatory support to manage public assets effectively, and that PSN-related asset exchanges must integrate legal safeguards, public participation, and long-term social considerations to avoid becoming merely technocratic instruments of central government policy
Reconstructing Islamic Agricultural Financing Regulations: A Socio-Legal Study using Soft Systems Methodology
No full textDespite its constitutional role in supporting food sovereignty, Banyuwangi’s agricultural sector remains excluded from formal Islamic finance due to a regulatory gap between rigid banking standards and agricultural risk. This study identifies a Proximity Paradox, in which Islamic banks are structurally disincentivized from financing smallholders. Using Soft Systems Methodology (SSM) as a socio legal approach and drawing on empirical data from farmers, Islamic banks, and Bayt al-Māl wa al-Tamwīl (BMTs), the research formulates an Agricultural Financing Regulatory Model. The model recommends policy reform by the Financial Services Authority (Otoritas Jasa Keuangan, OJK) and the National Sharia Council (Dewan Syariah Nasional–Majelis Ulama Indonesia, DSN-MUI), including hybrid value chain contracts, mandatory agricultural takaful, and a formal Bank–BMT linkage scheme, to align banking compliance with agricultural realities and promote distributive justice (‘adl)
Childless Marriage in Indonesian Law: A Maqāṣid al-sharī‘ah Analysis of Ḥifẓ al-nasl
No full textExamines childless marriage in Indonesian law through a maqāṣid al-sharī‘ah [objectives of Islamic law] perspective, with particular attention to the interpretation of ḥifẓ al-nasl [protection of lineage]. It analyzes how Indonesian positive law and Islamic legal objectives conceptualize reproduction, lineage, and family obligations in the context of contemporary childlessness. Using a normative-juridical and conceptual approach, the study examines Indonesian marriage regulations, especially Law No. 1 of 1974 as amended by Law No. 16 of 2019, alongside classical and contemporary maqāṣid literature. The findings show that Indonesian positive law does not explicitly prohibit childless marriage, but implicitly regulates reproductive responsibility through norms concerning the purposes of marriage and family welfare. From a maqāṣid perspective, ḥifẓ al-nasl is not limited to an obligation to have children, but functions as a broader principle of preserving legitimate lineage and social continuity, allowing interpretive space for circumstances such as health, psychological, and socio-economic factors. This study argues that childless marriage constitutes a dynamic normative issue rather than a dichotomous conflict between Islamic law and state law, and contributes a nuanced maqāṣid-based framework for understanding childlessness within Indonesian family law and contemporary legal discourse
Problematics of the Execution of Religious Court Decisions
No full textThis article examines the problem of authority in the execution of Religious Court decisions in Indonesia and its impact on the effectiveness of Islamic law. Although Religious Courts are authorized to adjudicate family and sharia economic cases, enforcement still relies on District Courts, creating dissonance between legal norms and practice. Using a juridical-sociological qualitative approach with literature studies and interviews with two judges, one clerk, and two execution applicants, the study identifies three root problems: the absence of direct execution authority, weak cross-agency coordination, and the lack of standard operational procedures. These weaknesses disproportionately affect women and children, leaving many rulings unenforced. The article recommends regulatory reform and institutional strengthening of Religious Courts, drawing comparative insights from Malaysia and Pakistan, where religious courts have clearer enforcement mechanisms
Abuse Of Authority By State Officials In Corruption Cases: The Case Of Complete Systematic Land Registration Program
Full text linkThe judge’s decision in the corruption case involving the abuse of authority in The Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap or PTSL) program underscores the importance of legal certainty in holding perpetrators accountable for actions that harm state and community finances. This research aims to examine and analyze the abuse of authority by state administrators in corruption cases, the accountability of the perpetrators in PTSL-related corruption, and the prevention of corruption in the implementation of complete systematic land registration. The research employs a normative juridical approach. The findings indicate that the accountability of the perpetrators clearly meets the elements outlined in Article 3 in conjunction with Article 18 of the Corruption Law. Abuse of authority, as an element of corruption in Indonesia, manifests in actions that contradict the public interest or benefit individuals, groups, or other parties, as well as the misuse of procedures intended to achieve specific goals. The ideal concept for combating corruption, as adopted by the government and applied to future PTSL implementation, is the establishment of a non-criminal, institution-based prevention and education unit focused on addressing corruption
Asset Recovery In Corruption Cases In Indonesia: A Human Rights Perspective
Full text linkThe proposal to pardon corruption offenders within a restorative justice framework, as articulated by President Prabowo Subianto, has sparked diverse responses. However, the President later clarified that his statement was not an endorsement of pardoning corrupt individuals but rather an emphasis on the importance of asset recovery in combating corruption. Given that imprisonment has proven ineffective as a deterrent and insufficient in addressing state losses, asset recovery presents a viable legal strategy in corruption law enforcement. This research examines two key issues: the extent to which asset recovery serves as a deterrent in criminal law and its impact on the fulfillment of human rights. Employing a normative juridical approach through statutory and conceptual analysis, the findings suggest that asset recovery not only deters corruption and restores state finances but also advances justice and human rights. Accordingly, this research recommends that the Indonesian House of Representatives and the government expedite the enactment of the Asset Forfeiture Bill (RUU) to strengthen asset recovery mechanisms in corruption cases