Journal Customary Law ISSN 3026-460X is a scientific publication of research results in the field of legal science published by Indonesian journal publisher with the following topics: Criminal Law, Civil Law, Constitutional Law, State Administrative Law, International Law, Customary Law, Employment Law, Environmental Law, Natural Resources Law, Business Law, Procedural Law, Tourism Law, Contemporary Law, Human Rights Humans, Information Technology Law and Electronic Transactions, this journal is published regularly four a year, namely in September, December, March and June. Please read these guidelines carefully. Authors who want to submit their manuscript to the editorial office of Customary Law Journal should be the writing guidelines. If the manuscript submitted is not appropriate with the guidelines or written in a different format, it will BE REJECTED by the editors before further review. The editors will only accept the manuscripts which meet the assigned format. Registration and login are required to submit items online and to check the status of current submissions.
The Limitations and Legitimacy of Judges in Filling Legal Vapor Amidst Demand for Progressive Legal Reform
This study aims to analyze the limitations and legitimacy of judges in filling the legal vacuum amidst demands for progressive legal reform in the Indonesian legal system. The legal vacuum (rechtvacuum) is a consequence of societal dynamics that cannot always be balanced by the formation of laws and regulations. In this context, judges have a constitutional and legal obligation to continue examining and deciding cases as mentioned in both Article 24 paragraph (1) of the Republic of Indonesia's 1945 Constitution and Article 5 paragraph (1) and Article 10 paragraph (1) of Law Number 48 of 2009 respecting Judicial Power. This research employs a statutory and conceptual approach using a normative legal strategy. The results of the study indicate that legal discovery (rechtsvinding) is an obligation of judges as a consequence of the principle of ius curiae novit and the principle of the rule of law. However, the expansion of the role of judges within a progressive legal framework must remain within constitutional limits by respecting the system of checks and balances and the idea of separation of powers. The legitimacy of judges in filling legal gaps is determined by a clear normative basis, rational and systematic legal argumentation, and an orientation toward protecting constitutional rights and substantive justice. Thus, the progressive role of judges can contribute to national legal reform without exceeding legislative authority.
Copyright (c) 2026 Hary Kesowo Wibowo, KMS Herman https://creativecommons.org/licenses/by/4.0
Strengthening the Maritime Security Legal Framework through the Implementation of the ISPS Code for the Protection of Ships and Port Facilities at Bitung Port
This study aims to analyze the legal regulations on maritime security in the implementation of the ISPS Code and formulate ideal legal reforms to strengthen the protection of ships and port facilities at Bitung Port. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that the regulations in Law Number 17 of 2008 concerning Shipping have not comprehensively adopted the ISPS Code standards, resulting in a gap between norms and implementation in the field, including weaknesses in aspects of supervision, resources, and institutional coordination. Therefore, legal reconstruction and reform are needed through regulatory harmonization, institutional strengthening, and technology integration to realize an effective maritime security system in accordance with international standards.
Copyright (c) 2026 Agus Arifianto, Effendy Lod Simanjutak https://creativecommons.org/licenses/by/4.0
Supervision by the Regional Police Inspectorate Regarding Online Public Complaints Considering Regional Police Performance to Improve Professionalism and Legal Certainty (Study at the Regional Police Inspectorate of the West Kalimantan Regional Police)
This study strives to analyze the supervision by the Regional Supervision Inspectorate of online public complaints regarding the Indonesian National Police's performance in order to enhance legal certainty and professionalism. This study uses a statutory and conceptual approach in conjunction with a normative juridical research method. The 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2002 concerning the Indonesian National Police, Law Number 25 of 2009 concerning Public Services, and Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems are just a few of the legal provisions that the statutory approach seeks to analyze. Meanwhile, the conceptual approach aims to explore legal concepts related to internal supervision, the professionalism of law enforcement officers, and the law enforcement system's legal stability. The findings show that the Regional Supervision Inspectorate's internal supervision system is essential for investigating public complaints about police officers' performance by receiving, confirming, reviewing, and assessing public reports. The public can submit reports more easily and complaints are handled with greater accountability and transparency when an online public complaints system is used. However, there are still a number of challenges in implementing this monitoring, such as a lack of human resources, complex investigation procedures, and the optimization of information technology in managing public complaints. Therefore, strengthening the internal oversight system is necessary to enhance the professionalism of police officers and ensure legal certainty for the public.
Copyright (c) 2026 Shandy Christyan Sulu, KMS Herman https://creativecommons.org/licenses/by/4.0
Aspects of Hospital Criminalization in Medical Malpractice Cases That Can Create a Noble Healthcare Industry
Hospital criminalization in medical malpractice cases is an increasingly relevant legal issue as hospitals transform from social institutions into socio-economic entities in the modern healthcare industry. The constitutional right to health requires the state to ensure the provision of safe, high-quality, and equitable healthcare services. However, law enforcement practices are still dominated by an individual accountability approach that leads to the criminalization of healthcare workers and ignores the role of hospital policies and service systems. This situation creates an imbalance of justice for both patients and healthcare workers and fails to encourage institutional improvement. This study aims to analyze the normative regulation of hospital criminalization as a corporation, identify the problems of its implementation, and formulate an ideal concept of criminalization that aligns with substantive justice and the social function of hospitals. The method employed is normative legal research with a statutory and conceptual approach, through a study of health law, criminal law, and the doctrine of corporate criminal liability. The results show that the regulation of hospital criminalization still contains unclear parameters of institutional error and does not fully accommodate a systemic approach. Hospital criminalization should be positioned as a corrective instrument that encourages improved governance, a culture of patient safety, and ethical healthcare practices. This allows criminal law to play a role in safeguarding the humanitarian and social function of hospitals as part of the noble healthcare industry.
Copyright (c) 2026 Hendri Pangestu, Tina Amelia https://creativecommons.org/licenses/by/4.0
The Principle of Sustainable Development in Good Mining Practice: A Legal Review of Equitable and Beneficial Nickel Mining Governance in Indonesia
In the dynamics of the global political economy, nickel is no longer just a mining commodity but a strategic resource that influences industrialization, energy technology, and the stability of the global supply chain. Indonesia, as the world's largest nickel producer, plays a crucial role in meeting the growing global demand for nickel. Projections from the International Nickel Study Group (INSG) indicate that global nickel consumption is expected to reach 3.824 million tons in 2026, up from 3.601 million tons in 2025, driven primarily by the stainless steel and energy technology industries. Normatively, the management of mineral resources is regulated in Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which affirms that natural resources are controlled by the state and utilized to the greatest extent for the prosperity of the people. This provision is reinforced by Law Number 3 of 2020 concerning Mineral and Coal Mining, which mandates sustainable mining management through the implementation of Good Mining Practice principles. However, in fact, nickel mining expansion still gives rise to various problems, including environmental degradation, ecosystem damage, and inequality in the use of natural resources, which ultimately leads to injustice for communities around mining areas. This study aims to analyze the application of Sustainable Development principles within the Good Mining Practice concept to nickel mining governance in Indonesia to achieve equitable and beneficial management. This research employs a normative juridical method with a legislative approach and a conceptual approach through an analysis of mining regulations, including Regulation of the Minister of Energy and Mineral Resources Number 26 of 2018 concerning the Implementation of Good Mining Principles and Supervision of Mineral and Coal Mining. The research results show that the principles of sustainable development have been normatively integrated into the national mining legal framework through the implementation of Good Mining Practices, which encompass occupational safety, environmental protection, post-mining reclamation, and corporate social responsibility. However, its implementation still faces challenges in balancing economic interests, environmental protection, and community welfare. Therefore, strengthening legal governance in the mining sector based on sustainable development principles is essential to ensure that nickel resource management is sustainable, equitable, and beneficial for national development.
Copyright (c) 2026 Jaqueline Margareth Sahetapy, A Afdhal https://creativecommons.org/licenses/by/4.0
Strengthening the Independence of the Supreme Court of the Republic of Indonesia in the Era of E-Court-Based Judicial Modernization to Realize Just Legal Reform
This study aims to analyze and formulate a model for strengthening the independence of the Supreme Court of the Republic of Indonesia in the era of E-Court-based judicial modernization as part of legal reform in Indonesia. Using normative juridical methods through legislative and conceptual approaches, this study finds that the digitalization of the judiciary as regulated in Supreme Court Regulation Number 1 of 2019 concerning Electronic Court Case Administration and Trials provides benefits in increasing efficiency and transparency, but also poses challenges to judicial independence due to regulatory limitations, potential technological intervention, and weak data protection and system oversight. Therefore, a comprehensive legal reconstruction is needed through strengthening regulations, institutions, and technology to guarantee the complete independence of judges in realizing a just trial.
Copyright (c) 2026 H. Muhammadiyah Rafiq, Marhaeni Ria Siombo https://creativecommons.org/licenses/by/4.0
Reconstruction of the Criminal Liability of State-Owned Enterprise Directors in Managing the Tin Business Based on the Business Judgment Rule and Anti-Corruption Principles
This study examines the construction of criminal liability of state-owned enterprise (BUMN) directors in managing the tin business, which faces tensions between the corporate law approach and the criminal law on corruption. The background of this study is the phenomenon of the criminalization of business policies arising from the dominance of state loss parameters without considering the characteristics of business risks. The main problem lies in the absence of a clear boundary between business risks and corruption crimes and the lack of integration of the Business Judgment Rule within the criminal law system. This study aims to analyze the weaknesses of the applicable legal construction and formulate a reconstruction model for criminal liability that is fairer and more proportional. The method used is normative juridical with a statutory, conceptual, and comparative approach, as well as a prescriptive qualitative analysis of primary and secondary legal materials. The results show that the current legal construction tends towards a consequence-based and position-based approach that potentially ignores the element of fault. The Business Judgment Rule has not been explicitly recognized in criminal law and therefore does not function as a protection mechanism for directors acting in good faith. The proposed reconstruction emphasizes the integration of the Business Judgment Rule as the basis for limiting criminal liability, affirming the element of mens rea, and formulating objective parameters in distinguishing business risks from corrupt acts. This approach is expected to create a balance between protection for directors and the effectiveness of eradicating corruption.
Copyright (c) 2026 Muhammad Zulkarnaen Dharmawi, Subianta Mandala https://creativecommons.org/licenses/by/4.0
A Qualitative Study on Corporate Criminal Liability in Criminal Offenses in Jakarta Waters (An Analysis of Pollution, Smuggling, and Illegal Fishing Cases)
This study aims to examine corporate criminal liability in various criminal offenses occurring in the waters of Jakarta, particularly cases of marine pollution, smuggling, and illegal fishing. Crimes in the maritime sector increasingly indicate the involvement of corporations, causing not only economic losses but also environmental damage and threats to state sovereignty. However, law enforcement against corporations still faces various challenges, both normative and practical. This research employs a qualitative method with an empirical juridical approach, using case studies, legal document analysis, and interviews with relevant stakeholders. The findings reveal that corporate criminal liability has not been optimally implemented due to difficulties in evidentiary processes, weak coordination among law enforcement agencies, and the absence of clear standards in determining corporate fault. Furthermore, there is a tendency for law enforcement to focus more on individual perpetrators rather than corporations as legal subjects. Therefore, strengthening regulations, enhancing the capacity of law enforcement officials, and harmonizing policies are necessary to improve the effectiveness of criminal law enforcement against corporations in the waters of Jakarta.
Copyright (c) 2026 Iman Sholikin, Lucky Ferdiles https://creativecommons.org/licenses/by/4.0
Reconstruction of Legal Arrangements Concerning the Influence of Political Parties on the Independence of Members of the Regional People's Representative Council in the Indonesian Constitutional System
This study aims to analyze and reconstruct the legal regulations regarding the influence of political parties on the independence of DPRD members in the Indonesian constitutional system. Using normative juridical methods through legislative and conceptual approaches, this study found that although the principle of popular sovereignty in the 1945 Constitution of the Republic of Indonesia places the DPRD as an independent representation of the people, in practice there is dominance of political parties through the mechanisms of factions, party discipline, and Interim Replacement as regulated in Law Number 17 of 2014 concerning the MPR DPR DPD and DPRD and Law Number 2 of 2011 concerning Political Parties. This condition indicates a tendency for a hidden imperative mandate that weakens the independence of DPRD members and impacts the quality of regional democracy. Therefore, it is necessary to reconstruct legal regulations that emphasize the principle of a free mandate, limit political party intervention, and strengthen legal protection for the independence of DPRD members in order to realize substantive representative democracy.
Copyright (c) 2026 Marsanova Andesra, Ahmad Redi https://creativecommons.org/licenses/by/4.0
The Influence of Globalization and Digitalization on Wage Policy
Globalization and digitalization have become two major phenomena that affect the dynamics of employment in various countries, including Indonesia. This development brought significant changes in the structure of the labor market, patterns of Labor Relations as well as mechanisms for determining wages. This study aims to analyze the influence of globalization and digitalization on wage policy and its implications for legal protection for workers. The method used is normative legal research with legislation approach and conceptual approach by reviewing various labor related regulations and relevant legal literature. The results show that globalization promotes increased labor competition and job market flexibility, while digitization brings new work models such as the gig economy and platform based work that affect conventional wage systems. This condition has the potential to cause uncertainty and inequality in wages if not balanced with adaptive and responsive policies. Therefore, it is necessary to reformulate wage policies that are able to accommodate global changes and technological developments and still ensure the protection of workers rights in accordance with the principles of justice, legal certainty and social welfare.
Copyright (c) 2026 Muhamad Yosi Agustian, Binsar Jon Vic S https://creativecommons.org/licenses/by/4.0
The Lack of Regulations on the Mechanism for Terminating Investigations by the Directorate of General Criminal Investigation of the Regional Police in Handling General Crimes
In order to ensure that a criminal case is only continued if it satisfies the legal standards and has adequate evidence, investigators in the criminal justice system have the right to terminate an investigation. The Criminal Procedure Code, specifically Article 109 paragraph (2), governs the termination of investigations in Indonesia. If there is insufficient evidence, the incident does not constitute a crime, or the termination is mandated by law, investigators may end an investigation. However, these regulations are still general in nature and do not regulate in detail the procedures, standards for evaluating evidence, or oversight mechanisms for terminating an investigation. In order to achieve legal certainty in the investigation process, this study intends to analyze the issues surrounding the termination of investigations in investigative practices by investigators at the Directorate of General Criminal Investigation within the Regional Police and develop a reconstruction of legal regulations. This study uses a normative juridical legal research methodology that combines an analytical and statutory approach. The study results indicate that the absence of more detailed regulations regarding the mechanism for terminating an investigation has the potential to lead to differences in investigator interpretation, a lack of transparency in decision-making, and an increase in legal disputes through pretrial mechanisms. Therefore, strengthening legal regulations is necessary through the formulation of evidence evaluation standards, internal oversight mechanisms, and mandatory transparency in decisions to terminate investigations to ensure legal certainty and accountability in the criminal justice system.
Copyright (c) 2026 Tri Satrio Sulistomo, S Suparno https://creativecommons.org/licenses/by/4.0
Manifestations of State Sovereignty in Selective Immigration Policy: A Legal Analysis of the Implementation of the Clearance House Mechanism for Visa Calling Countries in Indonesia
This study examines the manifestation of state sovereignty in Indonesia’s selective immigration policy through the implementation of the Clearance House mechanism for calling visa countries. Grounded in a normative juridical method employing statute and conceptual approaches, the research analyzes key legal instruments, including Law Number 6 of 2011 on Immigration and Regulation of the Minister of Law and Human Rights Number 2 of 2024, alongside the theoretical framework of sovereignty as articulated by Jean Bodin. The findings demonstrate that the Clearance House functions as a risk-based entry control mechanism that institutionalizes sovereign authority by integrating administrative, intelligence, and security considerations in visa decision-making. Through the Visa Assessment Coordination Team (TKPV), the state exercises its prerogative to filter foreign nationals based on IPOLEKSOSBUDHANKAM parameters, reflecting a shift from administrative governance toward security-oriented legal governance. However, the study also identifies critical challenges, particularly the broad discretionary power and subjective nature of risk assessment, which raise concerns regarding legal certainty, accountability, and potential arbitrariness. Therefore, strengthening standardization, transparency, and oversight mechanisms is essential to ensure that the exercise of state sovereignty remains consistent with the principles of legality, proportionality, and the rule of law in the context of increasing global mobility.
Copyright (c) 2026 Ryan Aditya, Marhaeni Ria Siombo https://creativecommons.org/licenses/by/4.0
Reconstruction of Criminal Responsibility of Road Users for the Impact of Psychological Trauma on Witnesses and Indirect Victims of Traffic Accidents
This article examines the construction of criminal liability for road users in Indonesian traffic law, which to date still focuses on physical consequences and material losses, while the impact of psychological trauma experienced by witnesses and indirect victims of accidents has not yet been recognized as a relevant legal consequence. Social reality shows that traffic accidents not only cause bodily injury or property damage, but also psychological suffering in the form of post-traumatic stress disorder, anxiety, and other mental disorders that seriously impact the quality of life. This study aims to analyze the weaknesses in the regulation of criminal liability for road users in positive law and to formulate a model for reconstructing criminal liability that is more responsive to psychological trauma. The method used is normative legal research through a statutory and conceptual approach by examining criminal law doctrine, victimology, forensic psychology, and the principles of substantive justice and human rights. The results of the study indicate that psychological trauma deserves to be positioned as a conceptually legitimate consequence of crime, accompanied by the recognition of witnesses and indirect victims as subjects of legal protection. Therefore, the reconstruction of criminal liability for road users needs to be directed at integrating punishment and psychological recovery to create a more humane, proportional, and just traffic law system.
Copyright (c) 2026 Andi Suprapto, Suparno https://creativecommons.org/licenses/by/4.0
Reformulation of Legal Regulations for Battery-Based Electric Vehicle Use and Battery Waste Management in Indonesia
This study aims to analyze and propose reforms to the legal regulations governing the use of battery-based electric vehicles and the management of battery waste in Indonesia, from the perspectives of environmental law and sustainable development. The method used is a normative juridical approach, with a legislative and conceptual approach, based on a review of Law Number 32 of 2009, Government Regulation Number 22 of 2021, and Presidential Regulation Number 55 of 2019. The results indicate that existing legal regulations remain sectoral, do not fully accommodate the battery life-cycle approach, and contain inconsistencies and gaps in norms, particularly regarding producer responsibility and post-use battery waste management. These conditions have the potential to create environmental pollution risks and legal uncertainty amidst the accelerating energy transition. Therefore, an integrative legal reformulation based on the principles of sustainable development, a circular economy, and Extended Producer Responsibility is needed through the establishment of specific regulations, strengthening oversight mechanisms, and developing a national battery recycling industry to achieve effective and equitable environmental protection.
Copyright (c) 2026 Imam Mustakim, Indah Kusuma Wardhani https://creativecommons.org/licenses/by/4.0
Transforming Indonesia’s Legal System: A Diversity, Equity, Inclusion, and Sustainability (DEIS) Perspective
Indonesia’s legal system faces structural limitations in responding to complex global transformations, including climate crisis, digitalization, and intensified resource extraction, which expose the inadequacy of its predominantly formalistic and sector-based paradigm. This study critically examines the transformation of Indonesia’s legal system through the lens of Diversity, Equity, Inclusion, and Sustainability (DEIS) as a normative and analytical framework. Employing a normative juridical method with statutory and conceptual approaches, this research interrogates constitutional mandates, sectoral legislation, and contemporary legal practices. The analysis reveals a persistent disjunction between constitutional guarantees particularly regarding indigenous rights and environmental protection and their implementation within extractive governance regimes. The Maba Sangaji case is deployed as a critical lens to demonstrate how legal instruments, such as Article 162 of the Mining Law, function to legitimize the criminalization of indigenous resistance while insulating corporate interests. This reflects a deeper structural bias embedded within the current legal paradigm. The study argues that integrating DEIS principles requires not merely regulatory adjustment but a paradigmatic shift that reconfigures legal substance, institutional practices, and legal culture. Such transformation is essential to realign Indonesia’s legal system with constitutional justice, democratic participation, and ecological sustainability in the context of global change.
Copyright (c) 2026 Neneng Yuhelmi Zajilah, Marhaeni Ria Siombo https://creativecommons.org/licenses/by/4.0
Reformulation of Legal Policy on Anonymous Cyberbullying on Digital Platforms in Indonesia
This study aims to analyze the limitations of Indonesian positive law in regulating anonymous cyberbullying and formulate more adaptive legal policy reforms based on victim protection and digital platform responsibility. The method used is normative juridical with a statutory and conceptual approach through an analysis of the Electronic Information and Transactions Law, the Criminal Code, and other related regulations. The results of the study indicate a normative vacuum, multiple interpretations, and obstacles in perpetrator accountability and victim protection due to digital anonymity. Therefore, legal reform is needed through the creation of a specific offense for anonymous cyberbullying, strengthening digital evidence, affirming platform responsibility, and an integrated victim-oriented approach.
Copyright (c) 2026 Feti Rakhmani, Subianta Mandala https://creativecommons.org/licenses/by/4.0
Reconstruction of the Negative Publication System for Land Registration to Achieve Legal Certainty and Legal Protection for Rights Holders
The land registration publication system plays a crucial role in establishing legal certainty, rights protection, and the stability of land transactions. Indonesia implements a negative publication system with a positive tendency, in which land certificates are recognized as strong evidence but remain open to lawsuits. This situation creates a paradox between the need for legal certainty and the demands of substantive justice, as certificate holders who have legally obtained rights still have the potential to face disputes in court. This study aims to analyze the construction of the land registration publication system in Indonesia, identify problems that affect legal certainty and protection, and formulate a reconstruction model that is more responsive to developments in legal practice and the digitalization of land administration. The research method used is normative juridical with a statutory, conceptual, and comparative legal approach. The analysis is conducted on the national regulatory framework, land law doctrine, and judicial practice, which demonstrates differing interpretations of the evidentiary power of certificates. The results of the study indicate that the main weaknesses lie in the absence of strong state guarantees, regulatory fragmentation, and suboptimal protection for buyers in good faith. The reconstruction of the publication system is aimed at a hybrid model that strengthens positive elements without neglecting corrective mechanisms, the development of a compensation scheme based on state responsibility, and the harmonization of regulations that support the integration of digital land registry systems. A comparative approach to the Torrens system in Australia and continental European registration models provides lessons on the importance of rigorous initial verification, data transparency, and clear assurance mechanisms to increase public trust in the land registration system.
Copyright (c) 2026 Anggiat Tobing, Megawati Barthos https://creativecommons.org/licenses/by/4.0
Uncertainty Regarding the Limits of the Authority of the Notary Honorary Council and Its Implications for Criminal Law Enforcement
Article 66 of the Notary Law grants the Notary Honorary Council an important role in the mechanism for summoning and examining notaries by law enforcement officials. This regulation is intended to protect the position of notaries as public officials exercising state authority in the civil sector. However, the formulation of the norms in Article 66 indicates a lack of clarity regarding the limits of the Notary Honorary Council's authority, particularly regarding the scope of assessments that can be performed in granting approvals. This lack of clarity creates a vague norm that has implications for legal uncertainty and the potential for overlapping authority between the Notary Honorary Council and law enforcement officials in criminal proceedings. This study aims to analyze the provisions on the authority of the Notary Honorary Council in Article 66 of the Notary Law and the implications of this unclear norm on the protection of the notary's position and the effectiveness of criminal law enforcement. The research method employed is normative legal research with a statutory and conceptual approach. The results show that the absence of clear normative parameters in Article 66 leaves a space for diverse interpretations and has the potential to hinder the investigation process, while weakening the legal protection that should be provided to notaries. This situation reflects the unbalanced position between the interests of protecting one's position and the principle of due process of law. This study recommends reformulating Article 66 of the Notary Law by clarifying the limits of the Notary Honorary Council's authority and harmonizing this norm with the criminal justice system.
Copyright (c) 2026 E Ellyza, Natsir Asnawi https://creativecommons.org/licenses/by/4.0
Strategy for Optimizing the Role of the Kapuas Hulu Police in Combating Drug Trafficking to Maintain Public Security and Order
This study aims to analyze the legal regulations and strategies for optimizing the role of the Kapuas Hulu Resort Police (Polres) in combating drug trafficking in order to maintain public security and order. The problem of drug trafficking in Indonesia is a serious threat that impacts social stability and public security, thus requiring comprehensive countermeasures. This study uses a normative juridical legal research method with a statute approach and a conceptual approach. The legal materials used include laws and regulations, legal literature, and doctrines relevant to combating narcotics crimes and the role of the police in law enforcement. The results of the study indicate that regulations regarding narcotics countermeasures in Indonesia have been firmly regulated in Law Number 35 of 2009 concerning Narcotics and supported by the authority of the Republic of Indonesia National Police as stipulated in Law Number 2 of 2002 concerning the Republic of Indonesia National Police. In its implementation, the Kapuas Hulu Police have made various efforts to combat drug trafficking through repressive, preventive, and preemptive actions. However, various obstacles remain, including limited resources, extensive surveillance areas, and evolving modus operandi of drug trafficking networks. Therefore, optimization strategies are needed through increased human resource capacity, strengthened inter-agency coordination, the use of information technology, and increased public participation in drug prevention and eradication efforts to achieve a conducive public order and security.
Copyright (c) 2026 Rinto Sihombing, Binsar Jon Vic S. https://creativecommons.org/licenses/by/4.0
Reconstruction of Legal Norms for the Execution of Fiduciary Guarantees by Limiting the Involvement of Debt Collectors by Creditors in the Context of Protecting Debtors' Constitutional Rights Based on Contractual Justice
This study aims to analyze the weaknesses of the legal construction of the execution of fiduciary guarantees and reconstruct just legal norms in the context of protecting the constitutional rights of debtors. By using normative juridical methods through statutory and conceptual approaches, this study finds that the provisions in Law Number 42 of 1999 concerning Fiduciary Guarantees still contain gaps in norms related to the involvement of debt collectors and open up room for abuse of authority through unilateral execution practices that contradict the principles of due process of law, the principle of good faith, and the guarantee of constitutional rights in the 1945 Constitution. The reconstruction offered emphasizes strict restrictions on the use of third parties, affirmation of execution mechanisms through agreements or court decisions, and the integration of the principles of contractual justice and human rights protection, thus producing a model of legal reform that is fairer, certain, and oriented towards debtor protection.
Copyright (c) 2026 Parisman Sihaloho, Boy Nurdin https://creativecommons.org/licenses/by/4.0
Rationalistic Model of Land Bank Institutional Regulation in PERPU No. 2 of 2022 Concerning Job Creation in Harmony with the Principle of Legal Benefits
This study examines the rationale for establishing the Land Bank Institution under Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 concerning Job Creation. Land acquisition for public purposes in Indonesia has long faced challenges due to population growth, increasing land prices, limited land availability, and disputes over compensation. To address these issues, the government introduced the Land Bank as part of its agrarian reform agenda under the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. The Land Bank is intended to ensure land availability for public interests, social welfare, national development, economic equity, land consolidation, and agrarian reform. Its establishment is expected to improve the efficiency of land acquisition processes and reduce conflicts related to compensation payments. However, because the Land Bank was not previously regulated under Law No. 5 of 1960 concerning Basic Agrarian Principles, its creation has raised questions regarding its legal basis, implementation, and effectiveness in serving community interests. This research employs a normative juridical method with a statutory approach, utilizing primary and secondary legal sources. The study finds that the Land Bank is designed to support legal certainty and public welfare by providing a structured mechanism for land management and acquisition. Furthermore, public dissemination and understanding of the Land Bank framework are essential to ensure that its implementation aligns with the principle of legal benefit and contributes to resolving land-related problems in Indonesia.
Copyright (c) 2026 Yusna Wulan Sari Tanjung, Binsar Jon Vic https://creativecommons.org/licenses/by/4.0
Reconstruction of the Business Legal System in Encountering the Complexity of Maritime Goods Distribution Disputes Including Business Competition, Transportation Responsibility and Problematic Receivables
The study aims to analyze and reconstruct the business legal system in addressing the complexity of maritime goods distribution disputes in Indonesia, involving aspects of business competition, transportation liability, and problem receivables. The research employs a normative juridical approach, combining statutory and conceptual perspectives through a review of norms in the Civil Code, the Commercial Code, and Law Number 5 of 1999 regarding the Prohibition of Monopolistic Practices and Unfair Business Competition. The results indicate disharmony and conflicting norms between legal regimes, leading to legal uncertainty and weak protection for business actors, particularly distributors in the maritime distribution chain. Empirical issues such as violations of distribution areas, price wars, damage to goods by porters, and problem receivables with disproportionate payment schemes demonstrate that existing law is not yet adaptive to modern business practices. Therefore, an integrative reconstruction of the business legal system is necessary through regulatory harmonization, which strengthens the principles of justice and legal certainty, and establishes a regulatory model capable of accommodating the interrelationships between contracts, transportation, business competition, and financing
Copyright (c) 2026 Le Nie, Dwi Kusumo Wardhani https://creativecommons.org/licenses/by/4.0
Legal Certainty Reconstruction of Dropshipping Transactions in The Batam Free Trade Zone from The Perspective of The Rule of Law
The development of the digital economy has driven the emergence of new business models in electronic commerce, one of which is the practice of dropshipping. This business model allows business actors to conduct sales transactions without physically owning or storing goods. Although it provides significant economic opportunities, dropshipping also raises various legal issues, particularly regarding legal certainty in trade and taxation systems. This study aims to analyze the legal certainty of dropshipping transactions in the Batam free trade zone and to formulate a legal reconstruction model capable of providing legal certainty for business actors. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The theoretical framework of this research utilizes the Rule of Law concept as articulated by Tom Bingham. The results indicate that dropshipping practice in the Batam free trade zone still faces several legal issues, including the absence of specific regulations governing dropshipping, inconsistencies between tax regulations and customs policies, and limitations in digital transaction monitoring systems. Therefore, this research offers legal reconstruction through the establishment of specific dropshipping regulations, integration of taxation and customs systems, and the development of tax administration mediation mechanisms as an alternative dispute resolution. This legal reconstruction model is expected to create a more adaptive regulatory system for the digital economy while providing greater legal certainty for business actors in the Batam free trade zone.
Copyright (c) 2026 Totok Catur Wismo Malaicanto, Binsar Jon Vic https://creativecommons.org/licenses/by/4.0
Reconstruction of the Limits of Criminalization of Unlawful Elements and Abuse of Authority to Achieve Legal Certainty in Enforcing Criminal Acts of Corruption
This study aims to analyze the disharmony of norms and problems in the implementation of Article 2 paragraph (1) and Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, reconstruct the boundaries of criminal liability between administrative wrong and corruptive wrong, and formulate an ideal formulation of legal reform in the perspective of ius constituendum. The study uses a normative juridical method with a statutory and conceptual approach, through an analysis of laws and regulations, court decisions, criminal law doctrine, and government administrative law. The results of the study indicate that the main problem lies in the blurring of the boundaries between the elements of unlawfulness, abuse of authority, benefiting oneself or others, and state financial losses, which gives rise to overlapping crimes, disparity in decisions, and a tendency to criminalize administrative errors, official discretion, and business risks of BUMN/BUMD. This study found a reconstruction model in the form of a five-stage separation model, namely a tiered separation between procedural violation, administrative negligence, abuse of office, corrupt intent, and actual state loss as a normative threshold in determining the transformation of maladministration into criminal acts of corruption. Based on these findings, this study recommends a reformulation of Article 2 focused on unlawful enrichment based on wederrechtelijkheid, and Article 3 which is limited to abuse of authority based on deviation from the purpose of authority, elements of intent, and actual state losses, with harmonization with Law Number 30 of 2014 concerning Government Administration and strengthening safe harbor for official discretion and business decisions of State-Owned Enterprises/Regional-Owned Enterprises. The novelty of this study lies in the normative model of criminalization limitations that provides legal certainty in distinguishing administrative errors and criminal acts of corruption, while simultaneously strengthening the effectiveness of corruption eradication law reform in Indonesia.
Copyright (c) 2026 Rizal Syamsul, R Richard https://creativecommons.org/licenses/by/4.0
The Problematic of Bankruptcy Offenses in Affirming the Parameters Between Business Failure and Fraudulent Bankruptcy in Indonesia
Bankruptcy criminal offenses are legal instruments that function to maintain trust in economic activities and to protect the interests of creditors from fraudulent acts by debtors. In the Indonesian legal system, regulations concerning bankruptcy are related to Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, which is oriented towards civil and procedural aspects, as well as the National Criminal Code through Law Number 1 of 2023, which links criminal liability to bankruptcy conditions, including for business actors and corporations. Nevertheless, these regulations still give rise to fundamental problems in the form of a normative gap regarding the absence of clear parameters to distinguish between legitimate business failure and bankruptcy involving elements of fraud. This normative gap has implications for legal uncertainty in determining the limits of criminal liability, and it has the potential to lead to the criminalization of entrepreneurs acting in good faith or to suboptimal law enforcement against fraudulent acts in bankruptcy. This research aims to (1) analyzing the normative gaps in the regulation of criminal bankruptcy offenses related to the distinguishing parameters between business risk and criminal acts, as well as (2) Studying the concept of reforming bankruptcy criminal offenses in a fair manner within the Indonesian legal system. The research method used is normative juridical with a statutory approach and a conceptual approach. Therefore, it is necessary to add and reinforce regulations regarding indicators of bad faith as well as distinguishing parameters between business failure and fraudulent bankruptcy, accompanied by the development of an adaptive and proportional law enforcement mechanism, in order to realize legal certainty and justice within the bankruptcy legal system.
Copyright (c) 2026 Lalu Bayu, Dwi Kusumo Wardhani https://creativecommons.org/licenses/by/4.0
Legal Certainty and Legal Protection in the Implementation of Disciplinary Punishments for State Civil Apparatus in Light of Statutory Norms
The State Civil Apparatus (ASN) operates based on behavioral standards derived from statutory law and moral principles. Statutory law is reflected in formal regulations, while moral guidance is embodied in the ASN code of ethics. Issues arise when an ASN’s conduct is considered compliant from a legal standpoint (i.e., not in violation of applicable norms), but is deemed problematic from a moral perspective and therefore subject to disciplinary measures. This dual framework creates uncertainty, making disciplinary actions difficult to assess objectively and prone to arbitrary implementation. In some cases, such actions may even be misused in ways that contradict their intended purpose, namely to uphold the dignity of the State Civil Apparatus. This study employs an empirical juridical method, with data collected from the Agency for Policy Strategy and Legal and Judicial Education and Training, as well as from several courts within the administrative jurisdiction of Bogor City. The purpose of this study is to determine the practice of enforcing the code of ethics and identify the legal norms that regulate the ASN code of ethics behavior, while also understanding how the enforcement mechanism is in accordance with the good and correct rule of law. This research finds that the norms governing disciplinary sanctions for civil servants in positive law create confusion in the development of civil servants. Several positive legal norms conflict with one another, thereby threatening three fundamental elements of the rule of law: the supremacy of law, equality before the law, and the protection of human rights.
Copyright (c) 2026 Teguh Setiyawan, Muchlas Rowi https://creativecommons.org/licenses/by/4.0
Transforming Civil Servant Disciplinary Law in Indonesia: From Administrative Formality to an Integrated Corruption Prevention Instrument
The primary objective of this study is to analyze the legal transformation in the enforcement of civil servant discipline as an integrated instrument for the prevention of corruption. Corruption within the bureaucracy cannot be separated from disciplinary violations that are often treated merely as administrative formalities. Although regulated under Law Number 20 of 2023 on State Civil Apparatus and Government Regulation Number 94 of 2021 on Civil Servant Discipline, the enforcement of discipline still tends to be reactive and oriented toward individual sanctions, and has not functioned effectively as an early detection mechanism for potential corruption. This research employs a normative legal method using statutory, conceptual, and theoretical approaches. The analysis draws on the Broken Windows Theory and the Normalization of Deviance theory to explain how tolerance toward minor administrative violations may evolve into more complex forms of corruption. In addition, the legal system theory is applied to examine the interaction between legal substance, structure, and culture in the enforcement of civil servant discipline. The findings indicate that the primary weakness lies in the existing legal construction, which has not integrated disciplinary enforcement with a comprehensive corruption prevention system, along with the limited role of direct supervisors in monitoring and controlling bureaucratic behavior. This condition calls for the reconstruction of legal norms toward a more proactive and detective model of disciplinary enforcement, as well as the strengthening of administrative accountability of direct supervisors as part of an integrated corruption prevention effort.
Copyright (c) 2026 Moh Ibnu Ichwanusshofa, Ahmad Redi https://creativecommons.org/licenses/by/4.0
Problems of Proving and Confiscating Crypto Assets Proceeding from Money Laundering Crimes by the Prosecutor's Office in the Indonesian Criminal Justice System
This study aims to analyze the challenges of proving and confiscating crypto assets in money laundering crimes and to formulate an adaptive legal concept within the Indonesian criminal justice system. The method used is normative juridical with a statutory and conceptual approach, through a review of the Criminal Procedure Code and its updates, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, and Law Number 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions (ITE) Law. The results show that the Indonesian criminal law evidentiary system is not yet completely able to accommodate the decentralized, pseudonymous, and cross-jurisdictional characteristics of crypto assets, resulting in difficulties in identifying ownership, validating blockchain evidence, and relying on expert testimony. Furthermore, the mechanism for confiscation and confiscation of assets is also ineffective due to limited regulations regarding private key control, digital evidence management, and technical and jurisdictional barriers. Therefore, legal reform is needed by strengthening blockchain-based electronic evidence regulations, developing adaptive asset recovery mechanisms, including non-conviction-based forfeiture, and enhancing the institutional capacity of the Attorney General's Office and international cooperation. This will enable a criminal justice system that is responsive to technological developments and effective in combating crypto-asset-based money laundering.
Copyright (c) 2026 Emil Brunner, Lucky Ferdiles https://creativecommons.org/licenses/by/4.0
Reconstruction of the Executorial Power of Dispute Council Decisions in Infrastructure Projects through Harmonization of the Binding but Not Final Principle in the Indonesian Civil Law System
his study aims to analyze and reconstruct the binding and executory power of Dispute Board decisions in infrastructure projects within the Indonesian legal system. The main problem lies in the lack of normative recognition of Dispute Board decisions as executorial titles in civil procedural law, even though they are contractually binding under the Civil Code. This study uses a normative juridical method with a statutory and conceptual approach, and is supported by a comparative legal analysis of practices in the United Kingdom and Malaysia that have adopted the principles of Binding But Not Final and Pay Now Argue Later through special regulations. The results of the study indicate that legal reconstruction is needed through civil procedural law reform, recognition of construction adjudication mechanisms, and integration of international principles into the national legal system to increase the effectiveness of construction dispute resolution.
Copyright (c) 2026 Anjar Kuswijanarko, R Riswadi https://creativecommons.org/licenses/by/4.0
Reconstruction of Court Decisions in the Implementation of a Fair Restorative Justice Mechanism for Defendants Under the National Criminal Procedure Code
The enactment of Law Number 20 of 2025 concerning the Indonesian Criminal Procedure Code (KUHAP Nasional) marks a paradigmatic shift from retributive justice toward restorative justice within the criminal justice system. However, this transformation reveals a significant normative inconsistency, particularly in the limitation of judicial authority under Article 203, which restricts judges from terminating cases based on restorative outcomes and instead positions such outcomes merely as mitigating factors in sentencing. This study employs a normative juridical method with statutory and conceptual approaches to examine the disparity in the application of restorative justice across the stages of investigation, prosecution, and adjudication. The findings demonstrate that while law enforcement officials at the pre-adjudication stage are authorized to terminate cases without a declaration of guilt, judges remain bound to issue guilty verdicts even when full reconciliation between the offender and victim has been achieved. This disparity results in systemic injustice and produces an “invisible punishment” in the form of criminal records that hinder the offender’s social reintegration. To address this issue, the study proposes a reconstruction of judicial decisions through the introduction of a “Restorative-Based Case Termination Order,” enabling judges to terminate proceedings without imposing criminal labels. This model aims to harmonize the criminal justice system and promote substantive justice by aligning legal outcomes with the core principles of restorative justice.
Copyright (c) 2026 Ryzza Dharma, Zudan Arief Fakrulloh https://creativecommons.org/licenses/by/4.0
Legal Construction on The Abuse of New Synthetic Narcotics Based on The Early Warning System
The development of New Psychoactive Substances (NPS) demonstrates dynamics far faster than the ability of the narcotics criminal law to respond. The narcotics regulatory model in Indonesia, which still relies on a positive list system or list of prohibited substances, gives rise to various normative issues, ranging from delays in criminalization, legal uncertainty, and weak public health protection. This situation demonstrates a structural gap between scientific developments, particularly pharmacology and toxicology, and the static construction of criminal law norms. The study aims to analyze the weaknesses of narcotics criminal law regulations regarding NPS and to formulate an alternative, more adaptive criminal law construction through the Early Warning System (EWS) approach. The research method used is normative juridical with a legislative, conceptual, and comparative approach, including a study of the Psychoactive Substances Act 2016. The results show that the list-based criminalization approach is no longer adequate to address the ever-changing nature of NPS. The EWS has the normative potential to be repositioned as the foundation for the formation of criminal policies based on risk and psychoactive effects, without neglecting the principles of legality and human rights protection. A comparative study shows that the effects-based generic prohibition model provides regulatory flexibility, although it still presents challenges in terms of evidence and oversight. This study concludes that integrating EWS into narcotics criminal law is a strategic step towards building a responsive, legitimate, and public safety-oriented NPS control system, while simultaneously encouraging the renewal of modern criminal law theory in Indonesia.
Copyright (c) 2026 Faisal Suparjo, Evita Isretno Israhadi https://creativecommons.org/licenses/by/4.0
Reform of the Administrative Sanctions System for Violations of Downstreaming Obligations by Mining Business Permit Holders
This study aims to analyze and reconstruct the administrative sanctions system for enforcing downstreaming obligations in the mineral and coal mining sector, based on Article 33 of the 1945 Constitution and the provisions of Law Number 3 of 2020 and Law Number 6 of 2023. The research method used is a normative juridical approach, with a statutory and conceptual perspective. The results indicate that although downstreaming obligations have been formulated imperatively through the provisions of Article 103 and Article 170 of the Mineral and Coal Mining Law, the existing administrative sanctions system is ineffective due to normative weaknesses such as unclear violation parameters, the lack of measurable success indicators, and the broad discretion of administrative officials. Empirically, weak oversight, inconsistent enforcement of sanctions, and tolerance for violations have created a gap between legal norms and their implementation in the field. Therefore, it is necessary to reconstruct the administrative sanctions system through the implementation of tiered sanctions, the imposition of administrative fines based on state losses, the strengthening of technology-based oversight systems, and the harmonization of regulations between sectors to increase the effectiveness of law enforcement and encourage the success of downstreaming as an instrument of national economic development.
Copyright (c) 2026 Frans Irawan, Lucky Ferdiles https://creativecommons.org/licenses/by/4.0