About The Journal Jurnal Ilmu Hukum Kyadiren (JIHK) is a journal published by the Center for Research and Community Service of Biak’s School of Law (STIH Biak-Papua). Articles in JIHK are published twice a year (January and July). JIHK accepts scientific writings from conceptual ideas and research results that have never been published, especially those related to the legal field. The editor has the right to make revisions for various formats, terms, and footnotes without reducing and changing the content and intent of the writing. The articles are published in Indonesian and English. ISSN: 2715-503X (online) ISSN: 2502-5058 (Print) DOI: 10.46924/jihk Distribution : Open Access Publisher : PPPM Sekolah Tinggi Ilmu Hukum Biak-Papua Author Guidelines Submit Paper Now!
PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua
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Aligning Recovery and Legal Certainty in Restorative Justice for Theft Offenses
The paradigm shift in Indonesian criminal law following the enactment of Law Number 1 of 2023 on the Criminal Code has strengthened the restorative justice approach in resolving theft offenses by emphasizing restoration rather than punishment. This study aims to analyze legal protection and legal certainty in the implementation of restorative justice for theft offenses under the new Criminal Code. The research employed a normative juridical method using statutory, conceptual, and case approaches and was analyzed qualitatively. The findings indicate that restorative justice provides more comprehensive protection for victims, offenders, and society through compensation for losses, offender accountability, and the restoration of social relationships. Nevertheless, legal certainty continues to face challenges arising from regulatory fragmentation and differing interpretations among law enforcement authorities. This study concludes that regulatory harmonization and the strengthening of implementation mechanisms are essential to achieving a fair, humane, and restorative criminal justice system.
Copyright (c) 2026 Faizal Tri Noviyanto, Hanuring Ayu Ardhani Putri, Suparwi Suparwi https://creativecommons.org/licenses/by/4.0
Conventional and Online Gambling: Emerging Challenges for the Wonogiri Regional Police
The proliferation of conventional and online gambling in Indonesia has created new challenges for law enforcement agencies, particularly in relation to evolving criminal modus operandi, the use of electronic evidence, and the increasing sophistication of digital technologies. This study aims to identify the forms and characteristics of gambling offenses within the jurisdiction of the Wonogiri Regional Police, analyze the implementation of Articles 303 and 303 bis of the Indonesian Criminal Code in investigative and criminal inquiry practices, and examine the obstacles encountered by law enforcement officers in addressing these offenses. The study employed an empirical juridical method with a socio-legal approach, utilizing interviews, observations, and document analysis as data collection techniques. The findings reveal that gambling activities have shifted toward more complex digital forms, while law enforcement efforts have been implemented through both preventive and repressive measures in accordance with prevailing legal provisions. The principal challenges include difficulties in obtaining electronic evidence, limited digital forensic capabilities, and inadequate inter-agency coordination. Therefore, strengthening institutional capacity, modernizing technological infrastructure, and enhancing public participation are essential to achieving more effective and sustainable strategies for combating gambling-related crimes.
Copyright (c) 2026 Rastra Patria Adiarta, Hanuring Ayu Ardhani, Nourma Dewi https://creativecommons.org/licenses/by/4.0
Restorative Justice in Minor Criminal Cases: A Study of Tanjung Balai District Court Decision No. 1/Pid.C/2023/PN Tjb
The dominance of the retributive paradigm in the Indonesian criminal justice system has often failed to achieve substantive justice, particularly in addressing minor offenses arising from structural poverty. This study aims to analyze the implementation of restorative justice in Tanjung Balai District Court Decision Number 1/Pid.C/2023/PN Tjb and to examine the legal reasoning underlying the court’s adoption of this mechanism. The study employs a normative legal research method using statutory, conceptual, and case approaches, with qualitative analysis conducted through a descriptive-prescriptive framework. The findings indicate that restorative justice was implemented through mediation involving the offender, the victim, and the community, resulting in the restoration of social relationships and a more proportionate resolution of the dispute. The judge’s legal considerations were based on an integration of juridical, philosophical, and sociological dimensions, particularly the offender’s economic circumstances and the pursuit of substantive justice. This study demonstrates that the decision constitutes a form of progressive jurisprudence, reflecting a paradigm shift in criminal law enforcement from a retributive orientation toward a restorative approach.
Copyright (c) 2026 Dias Lutfiyansyah, Boedi Prasetyo https://creativecommons.org/licenses/by/4.0
Restructuring PayLater Regulations to Promote Consumer Justice
The rapid growth of PayLater services as a digital financing instrument has significantly enhanced financial inclusion and facilitated consumer transactions. However, this development has also generated various legal challenges due to inadequate regulatory frameworks and insufficient consumer protection mechanisms. This study aims to analyze the implementation of PayLater services in Indonesia, identify legal obstacles and regulatory gaps in consumer protection, and formulate strategies for improving governance and regulatory arrangements. The study employs a normative juridical method using statutory, conceptual, and comparative approaches through a comprehensive review of primary, secondary, and tertiary legal materials. The findings reveal that the regulation of PayLater services remains fragmented, resulting in legal uncertainty concerning fee transparency, personal data protection, debt collection practices, and dispute resolution mechanisms. The study concludes that the establishment of specific regulations, harmonization of regulatory authority, strengthening of supervisory mechanisms, and the development of an integrated consumer protection framework are essential to ensuring legal certainty, justice, and the sustainability of Indonesia’s digital financing ecosystem.
Copyright (c) 2026 Johannes Adrian Marpaung, Peter Gideon Michael Tarigan, Graciela Graciela, Bayu Widianto https://creativecommons.org/licenses/by/4.0
Digital Business Contracts from the Perspective of Indonesian Civil Law
The rapid expansion of the digital economy in Indonesia has led to increased use of digital business contracts, while simultaneously raising legal issues concerning legal certainty, the validity of electronic contracts, and personal data protection. This study analyzes drafting techniques for digital business contracts that are consistent with Indonesian civil law principles, examines the regulatory influence of the Electronic Information and Transactions Law (Law No. 11 of 2008 as amended by Law No. 1 of 2024) and Government Regulation No. 71 of 2019, and explores the implications of Law No. 27 of 2022 on Personal Data Protection for the formulation of contractual clauses in digital environments. This research employs a normative juridical method using statutory, conceptual, and comparative approaches based on a literature review. The findings indicate that effective digital contracts must integrate the principles of freedom of contract, good faith, consensualism, and legal certainty through explicit electronic consent, certified electronic signatures, and transparent data protection provisions. Accordingly, the harmonization of contract law, electronic transaction regulations, and personal data protection law constitutes a fundamental requirement for establishing a secure and reliable digital business ecosystem in Indonesia.
Electronic Information and Transactions Law
Copyright (c) 2026 Rr. Lyia Aina Prihadiati, Sendi Sanjaya https://creativecommons.org/licenses/by/4.0
Crypto Assets in Indonesian Inheritance Law: Balancing Ownership Rights and Access Challenges
The emergence of crypto assets as a form of digital wealth has generated new legal challenges within the Indonesian inheritance law framework, particularly concerning assets stored in unmanaged wallets. This study examines the legal status of crypto assets as inheritable property and explores the legal and technical barriers associated with their transfer to heirs. Employing a normative legal research method, the study applies statutory, conceptual, analytical, and comparative approaches. The findings demonstrate that crypto assets may be classified as inheritable property because they possess economic value, are transferable, and constitute intangible movable assets within the meaning of Article 499 of the Indonesian Civil Code. Nevertheless, the inheritance of crypto assets presents significant challenges, including the loss of access to private keys, difficulties in establishing ownership due to the pseudonymous nature of blockchain technology, and jurisdictional complexities arising from cross-border transactions. These issues may hinder the effective transfer of digital wealth and potentially undermine the rights of heirs. Accordingly, the study highlights the need for a specific legal framework governing the inheritance of crypto assets in order to ensure legal certainty, facilitate asset accessibility, and protect heirs’ rights in the evolving digital economy.
Copyright (c) 2026 Mikael Alvaro , Mia Hadiati https://creativecommons.org/licenses/by/4.0
Human Trafficking and the Crisis of Victim Protection in Indonesia
Human trafficking is a transnational crime that not only constitutes a serious violation of criminal law but also undermines the fundamental human rights and dignity of its victims. Although Indonesia has enacted Law No. 21 of 2007 on the Eradication of the Criminal Act of Trafficking in Persons, the implementation of victim protection remains constrained by various legal and institutional challenges. This study aims to examine the legal protection mechanisms available to victims of human trafficking and to identify the obstacles and strategies for optimizing such protection. Employing a normative legal research method, the study utilizes statutory, conceptual, and case-based approaches, with data analyzed qualitatively. The findings reveal that legal protection for victims encompasses restitution, rehabilitation, legal assistance, repatriation, and social reintegration. However, the implementation of these measures remains ineffective due to weak enforcement of restitution orders, limited rehabilitation facilities, and inadequate inter-agency coordination. Accordingly, strengthening preventive, repressive, and rehabilitative measures is essential through enhanced public awareness programs, improved cross-sectoral collaboration, expanded victim recovery services, and the utilization of technology-based support systems. These efforts are expected to promote a more effective, equitable, and victim-centered framework for legal protection and recovery.
Copyright (c) 2026 Therecya Angella Sitio, Hery Firmansyah https://creativecommons.org/licenses/by/4.0
Defining the Limits of Aiding and Abetting in Human Trafficking Offenses
Human trafficking is a transnational organized crime that poses a serious threat to human rights and frequently involves multiple actors with varying degrees of participation, including accomplices (medeplichtigheid). However, the legal interpretation of aiding and abetting and the corresponding scope of criminal liability continue to present challenges in law enforcement practice. This study aims to analyze the legal determination of aiding and abetting in human trafficking offenses under Indonesian criminal law and to formulate the limits of criminal liability for individuals who fulfill this element, while emphasizing victim protection as a primary objective. The study employs a normative legal research method using statutory, conceptual, and case-based approaches. The findings indicate that aiding and abetting in human trafficking requires the existence of actual assistance, intentional participation, and a functional connection between the assistance provided and the exploitation of the victim. Criminal liability should therefore be assessed based on the degree of culpability and the extent of an accomplice’s contribution to the trafficking network. The study concludes that clearer legal standards regarding aiding and abetting can strengthen efforts to combat human trafficking while enhancing the protection, recovery, and fulfillment of victims’ rights.
Copyright (c) 2026 Indy Kanaishia, Rugun Romaida Hutabarat https://creativecommons.org/licenses/by/4.0
Digital Democracy and the Challenges of Freedom of Expression in Indonesia
The rapid development of social media has significantly expanded opportunities for public participation and freedom of expression. However, it has also generated various legal challenges, including defamation, hate speech, the dissemination of misinformation, and the potential criminalization of public criticism. This study aims to examine the legal framework governing freedom of expression on social media within the Indonesian legal system, identify the legal issues arising from the exercise of freedom of expression in digital spaces, and formulate the legal boundaries of such freedom based on the principles of the rule of law, democracy, and human rights. This research employs a normative juridical method using statutory, conceptual, and human rights approaches through the analysis of primary, secondary, and tertiary legal materials. The findings indicate that freedom of expression is constitutionally protected under the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, and various international human rights instruments. Nevertheless, its exercise is subject to limitations intended to safeguard the rights, freedoms, and legitimate interests of others. The study concludes that proportional law enforcement, enhanced legal certainty, and improved digital literacy are essential to maintaining an appropriate balance between freedom of expression and the protection of public interests in the digital sphere.
Electronic Information and Transactions Law (ITE Law)
Copyright (c) 2026 Jhames Jorgi, Hery Firmansyah https://creativecommons.org/licenses/by/4.0
Human Trafficking and the Human Rights Protection Crisis in East Nusa Tenggara, Indonesia
Human rights challenges in East Nusa Tenggara (NTT), including human trafficking, the exploitation of migrant workers, conflicts concerning indigenous peoples’ rights, and the limited effectiveness of legal protection mechanisms, reflect a persistent gap between legal norms and their practical implementation. This study aims to analyze the similarities, differences, and shortcomings of the legal framework governing human rights protection in NTT, assess the urgency of legal reform, and formulate policy recommendations to enhance the effectiveness of human rights protection. The research employs a normative legal method with a comparative law approach, drawing upon statutory regulations, international human rights instruments, legal doctrines, and relevant scholarly literature. The findings indicate that national law, international human rights standards, and customary law share a common objective of safeguarding human dignity; however, they differ significantly in their protection mechanisms and dispute-resolution procedures. The study further identifies major weaknesses in legal enforcement, the harmonization of customary law with human rights principles, and institutional effectiveness. It concludes that comprehensive legal reform is required through regulatory strengthening, improved institutional coordination, expanded human rights education, and the harmonization of customary law with human rights norms to ensure more effective and sustainable human rights protection.
Copyright (c) 2026 Semuel Haning, Agustin Leni Magdalen Rohi Riwu, Arnold J Sjah https://creativecommons.org/licenses/by/4.0
Assessing the Implementation of the Best Interests of the Child Principle in Post-Divorce Custody Determinations
Divorce not only terminates the marital relationship between spouses but also generates significant legal consequences for children, particularly concerning child custody and the protection of their rights. This study aims to examine the legal framework governing the protection of children’s rights in post-divorce custody determinations and to assess the implementation of the best interests of the child principle in judicial practice in Indonesia. The research employs a normative legal methodology using statutory, conceptual, and case approaches. Data were collected through a comprehensive review of relevant legislation, court decisions, and legal literature and were analyzed using qualitative legal analysis. The findings indicate that the protection of children’s rights is firmly established within the Indonesian legal system through the 1945 Constitution of the Republic of Indonesia, the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law. In determining custody arrangements, judges generally prioritize the welfare, safety, and overall development of the child in accordance with the best interests of the child principle. Nevertheless, the effective implementation of this principle continues to face several challenges, including limited legal awareness among parents and weaknesses in the enforcement of judicial decisions. Strengthening legal protection mechanisms and enhancing compliance with court rulings are therefore essential to ensuring the effective protection of children’s rights following divorce.
Copyright (c) 2026 Angelina Patricia Halim , Mia Hadiati https://creativecommons.org/licenses/by/4.0
Consumer Data at Risk: Legal Challenges in Personal Data Protection within Shipping Services
The rapid expansion of digital commerce and the growing reliance on shipping services have resulted in shipping companies processing substantial volumes of consumers’ personal data, thereby increasing the risk of data misuse and security breaches. This development underscores the need for robust legal protection mechanisms and clear standards of accountability concerning the management of personal data by business actors. This study aims to analyze the legal framework governing the protection of consumers’ personal data in shipping services and to examine the legal liability of business actors for personal data breaches under Law Number 27 of 2022 on Personal Data Protection. Employing a normative legal research method, the study utilizes statutory, conceptual, and analytical approaches through an examination of primary, secondary, and tertiary legal materials. The findings indicate that personal data protection in Indonesia has been comprehensively regulated through the Personal Data Protection Law and its supporting regulations. Furthermore, the legal responsibilities of business actors encompass preventive measures, breach-response obligations, as well as civil, administrative, and criminal liabilities. The study concludes that shipping service providers must implement accountable and transparent data protection governance to ensure legal certainty, strengthen consumer protection, and maintain public trust in the digital economy.
Copyright (c) 2026 Muhamad Najib Hilal Haadii, Moody Rizqy Syailendra https://creativecommons.org/licenses/by/4.0
The Notary’s Prudential Principle as a Safeguard for the Validity of Authentic Deeds
Authentic deeds executed by notaries occupy a pivotal position within the Indonesian legal system, as they serve as written instruments of evidence that ensure legal certainty and protection for the parties involved. Nevertheless, violations of the legal requirements governing deed preparation, as well as the failure to apply the prudential principle, may result in the degradation of a deed’s evidentiary value and, in certain circumstances, its annulment. This study aims to analyze the legal status of authentic deeds within the Indonesian legal framework and to examine their role, function, and evidentiary strength in civil proceedings. The research employs a normative juridical method using statutory, conceptual, and case-based approaches through an extensive review of legislation, legal doctrines, and scholarly literature. The findings demonstrate that authentic deeds possess perfect evidentiary force in terms of external, formal, and material proof, as recognized under the Indonesian Civil Code and the Law on Notarial Office. The application of the notary’s prudential principle constitutes a fundamental factor in preserving the validity and evidentiary integrity of authentic deeds. The study concludes that notarial professionalism and strict compliance with legal procedures are essential for ensuring legal certainty, legal protection, and substantive justice.
Copyright (c) 2026 Nurhanto Nurhanto, Ahmad Sobari https://creativecommons.org/licenses/by/4.0
The Existence of the Land Bank Agency within the Framework of State Control Rights
Land plays a strategic role in supporting development, investment, and public welfare; however, persistent challenges such as land disputes, unequal ownership, and limited land availability continue to hinder the realization of equitable land governance. These conditions have prompted the establishment of the Land Bank Agency as a national instrument for land management. This study aims to analyze the position of the Land Bank Agency within the Indonesian land law system and to examine the philosophical, juridical, and constitutional foundations underlying its establishment as an institution implementing the State’s Right to Control over land. The research employs a normative legal method using statutory, conceptual, and historical approaches through the examination of primary, secondary, and tertiary legal materials. The findings indicate that the Land Bank Agency constitutes a sui generis legal entity authorized to perform land planning, acquisition, procurement, management, utilization, and distribution functions for the purposes of public interest, agrarian reform, economic equity, and national development. The study concludes that the Land Bank Agency possesses strong constitutional and legal legitimacy as an instrument of state land governance. Nevertheless, strengthening institutional oversight, transparency, accountability, and the harmonization of authority among relevant institutions remains essential to ensure legal certainty, justice, and sustainable land management.
Copyright (c) 2026 Intan Juwitasari , Casanova Sitohang https://creativecommons.org/licenses/by/4.0
Legal Protection for Consumers Against Food Label Manipulation in Digital Commerce
The rapid growth of digital commerce in processed food products has increased the risk of relabeling and repackaging practices involving misleading information, including health-related claims such as gluten-free, dairy-free, plant-based, and allergy-friendly. Such practices may mislead consumers and pose risks to consumer health and safety. This study aims to analyze the legal framework governing relabeling and repackaging practices in Indonesia and to examine the forms of legal liability imposed on business actors for consumer losses resulting from misleading food information. The research employs a normative legal method using statutory, conceptual, and case-based approaches. The analysis is based on the Consumer Protection Law, the Food Law, and relevant regulations concerning food labeling and safety. The findings indicate that relabeling and repackaging activities are legally permissible only when they comply with applicable requirements related to food safety, labeling accuracy, and consumer protection. Business actors who provide misleading or inaccurate information may be subject to administrative, civil, and criminal liability under the principle of product liability. The study concludes that stronger regulatory oversight and more effective law enforcement are essential to ensuring food safety, promoting transparency in product information, and safeguarding consumer rights in the era of digital commerce.
Copyright (c) 2026 Yohana Apriana, Lewiandy Lewiandy https://creativecommons.org/licenses/by/4.0
Indefeasibility of Title and Its Protective Limits in the Contemporary Torrens System
Legal certainty in land rights constitutes a fundamental objective of modern land registration systems, including those based on the Torrens system through the application of the principle of indefeasibility of title. This study examines the regulation of the principle of indefeasibility of title under the Land Title Act 2000 of the Northern Territory, analyzes the nature and legal foundations of its exceptions, and evaluates its implications for the protection and certainty of land rights. The research employs a normative legal methodology utilizing statutory, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through a comprehensive review of relevant legislation, legal doctrines, and scholarly literature. The findings demonstrate that the Land Title Act 2000 adopts a model of qualified indefeasibility, which affords strong protection to registered proprietors while recognizing limited statutory exceptions under Section 198 to preserve a balance between legal certainty and substantive justice. The implementation of this principle, reinforced by the mirror, curtain, and insurance principles, enhances transaction security, minimizes land disputes, and strengthens public confidence in the land registration system. Accordingly, the qualified indefeasibility model effectively promotes legal certainty while safeguarding substantive justice within the contemporary Torrens system.
Copyright (c) 2026 Velliana Samudro , Rasji Rasji https://creativecommons.org/licenses/by/4.0
Barriers and Prospects for Arbitration in Resolving Disputes in the Indonesian Coffee Industry
The Indonesian coffee industry makes a substantial contribution to the national economy. However, the complexity of business relationships across its supply chain increases the likelihood of disputes, highlighting the need for effective and equitable dispute resolution mechanisms. This study examines the role of arbitration as a dispute resolution forum in the Indonesian coffee industry, analyzes its jurisdiction over both domestic and international commercial disputes, and identifies the barriers that limit business actors access to arbitration. The research employs a normative legal methodology using statutory, conceptual, comparative, and case-based approaches through an extensive review of primary, secondary, and tertiary legal sources. The findings demonstrate that arbitration is supported by a robust legal framework and offers several advantages, including procedural efficiency, confidentiality, and legal certainty, making it well suited to the unique characteristics of the coffee industry. Nevertheless, its effectiveness remains constrained by limited legal awareness, high arbitration costs, unequal bargaining power among parties, and institutional challenges. Accordingly, strengthening the regulatory framework and developing more inclusive, accessible, and cost-effective arbitration mechanisms are essential to enhance the sustainability and global competitiveness of Indonesias coffee industry.
Copyright (c) 2026 Ahmad Widad Muntazhor https://creativecommons.org/licenses/by/4.0
Cassation-Level Sentencing Disparities and the Future of Criminal Justice in Indonesia
Sentencing disparities in serious criminal cases frequently generate debate concerning fairness, legal certainty, and the consistency of judicial decision-making, as reflected in the commutation of the death penalty to life imprisonment in Supreme Court Decision Number 813 K/Pid/2023 involving FS. This study aims to analyze sentencing disparities between appellate and cassation court decisions and to examine the implications of sentencing reforms under Law Number 1 of 2023 concerning the Criminal Code for judicial reasoning patterns and sentencing proportionality. The study employs a normative legal research method using statutory, case, conceptual, and comparative approaches, analyzed through a qualitative framework. The findings indicate that vertical sentencing disparities arise from differing penal philosophies adopted by the judex facti and judex juris. Furthermore, the 2023 Criminal Code has begun to shape judicial reasoning toward a more rehabilitative and humanistic approach to punishment. The study concludes that penal reform requires clearer sentencing guidelines to promote consistency in judicial decisions, strengthen legal certainty, and achieve substantive justice.
Copyright (c) 2026 Lisa Rahmasari, Romaida Hutabarat https://creativecommons.org/licenses/by/4.0
Requirements for Determining Recidivist Status in Juvenile Offenders under Law No. 11 of 2012 on the Juvenile Criminal Justice System: A Contemporary Legal Perspective
The phenomenon of juvenile recidivism presents significant legal challenges due to the absence of explicit provisions governing the criteria, indicators, and legal consequences of recidivist status for children under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This regulatory gap generates legal uncertainty and creates a tension between the imperative of law enforcement and the protection of children’s rights. This study aims to examine the requirements for determining juvenile recidivist status within the Indonesian criminal law system and to analyze judicial considerations of reoffending in Decision Number 17/Pid.Sus-Anak/2025/PN Jkt.Pst. Employing a normative legal research method, the study adopts statutory, conceptual, and case-based approaches, supported by qualitative, descriptive, and prescriptive analysis. The findings indicate that the regulation of juvenile recidivism remains characterized by a normative vacuum, thereby rendering its implementation highly dependent on judicial interpretation. The examined decision demonstrates that a developmental approach continues to be prioritized through placement in the Child Special Development Institution (LPKA) as a mechanism for child protection and rehabilitation.
Copyright (c) 2026 Chicillia Sri Servanda, Rugun Romaida Hutabarat https://creativecommons.org/licenses/by/4.0
Evaluating Pre-Electronic Certificate Readiness at the Langsa Land Office
The transformation of electronic-based land services through the issuance of electronic certificates (Sert-el) requires the availability of accurate and reliable land data, particularly through the verification of Land Books (BT) and Measurement Letters (SU). Despite ongoing digitalization efforts, the implementation of Pre-Electronic Certificates (Pra-Sert-el) continues to face substantial challenges, especially regarding the integration of historical land records and the validation of supporting documents. This study aims to examine the implementation mechanism of Land Book verification in the transition toward Pra-Sert-el at the Langsa City Land Office, based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Number 3 of 2023. Using an empirical legal research method with a qualitative descriptive approach, data were collected through interviews, observations, and document analysis. The findings reveal that verification involves preparation, implementation, and quality control stages, although several technical, administrative, and institutional obstacles continue to impede effective implementation.
Copyright (c) 2026 Dwi Wulan Titik Andari, Arif Tri Wibowo, Nur Rahmanto, Dian Dewi Khasanah, Setiowati Setiowati https://creativecommons.org/licenses/by/4.0
Strengthening Legal Awareness to Optimize the Implementation of the Complete Systematic Land Registration Program (PTSL)
Land plays a strategic role in societal life; however, low levels of legal awareness among rural communities regarding the importance of land certification continue to impede the implementation of the Complete Systematic Land Registration Program (PTSL). This study aims to examine the stages of PTSL implementation, the interaction between formal and empirical law, the factors contributing to low legal awareness, as well as the obstacles and strategies associated with enhancing program effectiveness. The study employs an empirical juridical method with a socio-legal approach, utilizing interviews, observations, and document analysis as data collection techniques. The findings reveal that, although the implementation of PTSL generally conforms to existing legal provisions, its effectiveness remains limited due to low community participation, the predominance of empirical legal practices, and constraints in public outreach and administrative processes. The study concludes that the success of PTSL is closely linked to the integration of formal legal frameworks with prevailing social conditions, thereby necessitating participatory and educational strategies to strengthen legal awareness and improve program effectiveness.
Copyright (c) 2026 Aan Risanah, Azhima Eka Putri https://creativecommons.org/licenses/by/4.0
Algorithmic Management and the Limits of Employer Authority under Indonesian Labor Law
The growing integration of artificial intelligence (AI) into corporate managerial functions has transformed the methods used to monitor and evaluate employee performance. However, it has also increased concerns regarding privacy infringements and algorithmic bias, which may result in disciplinary measures or even employment termination. This study aims to examine the limits of employers’ authority in the use of AI-based performance monitoring systems and to analyze the legal protections available to employees subjected to automated performance evaluations. The research employs a normative legal methodology using statutory and conceptual approaches. The findings reveal that the implementation of AI in employment management must adhere to the principles of legality, transparency, purpose limitation, and human oversight. Furthermore, employee protection can be strengthened through effective complaint mechanisms, procedural fairness, and algorithmic accountability. The study concludes that, although an initial legal framework exists, further regulatory development is necessary to ensure comprehensive protection of employees’ privacy rights and human dignity in the context of AI-driven workplace management.
Copyright (c) 2026 Kurdi Kurdi, Raul Gindo Cahayo, Teuku Ahmad Dadek https://creativecommons.org/licenses/by/4.0
The Paradox of Nickel Mining and Indigenous Peoples’ Rights in Raja Ampat
The expansion of nickel mining in the Raja Ampat Islands has generated tensions among the green energy transition agenda, biodiversity conservation, and the rights of Indigenous Papuan communities. This study aims to analyze the national and international legal frameworks governing the Indonesian government’s obligations, evaluate the extent to which these obligations have been fulfilled in the governance of mining activities in Raja Ampat, and formulate a multidimensional legal accountability framework for the protection of Indigenous peoples. The study employs a normative legal research method using statutory, conceptual, case, and comparative approaches, with qualitative analysis of the collected legal materials. The findings reveal that, although Indonesia possesses an adequate normative framework, its implementation is hindered by significant accountability deficits, including policy inconsistencies, limited participation of Indigenous communities, and ineffective enforcement of environmental laws. This study proposes a model of administrative, constitutional, civil, environmental, and human rights accountability as a foundation for reforming mining governance toward ecological justice, the protection of Indigenous communities, and the sustainable management of natural resources.
Copyright (c) 2026 Adinda Rachman, Nadir Nadir, Win Yuli Wardani https://creativecommons.org/licenses/by/4.0
Judicial Scrutiny of Indonesian Migrant Worker Placement Under the Guise of Training
The widespread placement of Indonesian Migrant Workers (Pekerja Migran Indonesia [PMI]) through unauthorized Job Training Institutions (Lembaga Pelatihan Kerja [LPK]) reflects continuing weaknesses in the oversight of non-procedural labor migration, increasing the risk of exploitation, human trafficking, and human rights violations. This study analyzes the judicial application of law in assessing the constituent elements of the criminal offense of migrant worker placement through unlicensed LPKs, as reflected in Boyolali District Court Decision Number 158/Pid.Sus/2023/PN Byl, while evaluating the effectiveness of judicial reasoning in protecting victims. Using a normative legal method with statutory, case-based, and conceptual approaches, the study finds that the panel of judges appropriately distinguished the authority of LPKs and Perusahaan Penempatan Pekerja Migran Indonesia (P3MI) based on SIP2MI ownership and affirmed the defendant’s criminal liability. However, victim restoration mechanisms remain inadequate, particularly regarding restitution and rehabilitation.
Copyright (c) 2026 Fabrian Candra Darmawan, Hafid Zakariya, Suparwi Suparwi https://creativecommons.org/licenses/by/4.0
Assessing the Effectiveness of Gender Quotas in Indonesia’s Electoral System
Women’s representation in legislative elections constitutes a critical indicator of an inclusive and equitable democracy; however, its realization in Indonesia remains suboptimal. This study aims to examine the implementation of regulatory provisions on women’s representation and to identify the key factors contributing to its limited attainment from a constitutional law perspective. The research employs a normative juridical approach, complemented by empirical insights derived from a review of secondary data and relevant literature. The findings reveal that, although affirmative action policies are supported by a robust legal framework, their implementation continues to encounter structural, cultural, and institutional constraints. The persistently low level of women’s representation is influenced by weak enforcement mechanisms, the dominance of party elites, features of the electoral system, and entrenched patriarchal norms. This study concludes that strengthening regulatory frameworks and advancing political reform are essential to achieving substantive women’s representation.
Copyright (c) 2026 Jessica Virgoria Septiana, Nourma Dewi, Yulian Dwi Nurwanti https://creativecommons.org/licenses/by/4.0
Unraveling Barriers to Addressing Domestic Violence Cases at the Cilacap Police Department
Domestic violence (DV) constitutes a violation of human rights that remains widespread and is frequently regarded as a private matter, thereby hindering victims from obtaining adequate legal protection. This study aims to examine the role of investigators within the Women and Children’s Service Unit (PPA) of the Cilacap Police Department in addressing domestic violence cases, as well as to identify the challenges encountered in the process. The research employs an empirical legal method with a socio-legal approach, utilizing interviews, observations, and document analysis, all of which are examined qualitatively. The findings reveal that PPA investigators are actively involved in receiving reports, providing victim protection, conducting investigations, collecting evidence, and coordinating with relevant agencies. However, several key challenges persist, including limited resources, difficulties in evidentiary proof, withdrawal of complaints, familial pressure, economic dependency, and prevailing socio-cultural norms. In conclusion, effective handling of domestic violence cases necessitates institutional strengthening, enhanced victim protection mechanisms, and transformation of the community’s legal culture.
Copyright (c) 2026 Shellyana Putri, Nourma Dewi, Yulian Dwi Nurwanti https://creativecommons.org/licenses/by/4.0
Bapemperda’s Strategy for Enhancing the Quality and Effectiveness of Regional Regulations
The performance of the Regional Regulation Formation Agency (Bapemperda) plays a crucial role in producing high-quality Regional Regulations as instruments of regional autonomy. This study aims to analyze the performance of Bapemperda within the Regional House of Representatives (DPRD) of West Kotawaringin Regency and to identify efforts to enhance its effectiveness in the formulation and oversight of Regional Regulations. This research employs an empirical juridical method with a normative approach, utilizing interviews, observations, and document analysis as data collection techniques. The findings indicate that Bapemperda’s performance is relatively effective; however, it continues to face challenges related to supervisory functions, limited public participation, and resource constraints. Efforts to address these challenges include strengthening human resource capacity, improving institutional coordination, conducting systematic evaluations of Regional Regulations, and increasing community engagement. In conclusion, institutional strengthening and the optimization of legislative and oversight functions are essential for enhancing the quality of responsive and effective Regional Regulations.
Copyright (c) 2026 Ali Rahmat, Tuti Widyaningrum https://creativecommons.org/licenses/by/4.0
The Annulment of a General Meeting of Shareholders (GMS) Deed on Procedural Grounds
The dismissal of directors and commissioners through a procedurally defective General Meeting of Shareholders (GMS) generates legal uncertainty and creates opportunities for the abuse of authority within limited liability companies. This study aims to examine the legal consequences arising from the annulment of GMS minutes that are procedurally flawed and to analyze the effectiveness of legal protection afforded to corporate organs. The research employs a normative juridical method, utilizing a statutory approach and a case study of Decision Number 214/Pdt.G/2021/PN.Jkt.Utr. The findings indicate that a procedurally defective GMS deed is deemed null and void and, therefore, lacks binding legal force, resulting in the restoration of the positions of the directors and commissioners. In conclusion, legal protection has been relatively effective through civil and corporate law mechanisms; however, enhanced oversight and stricter procedural compliance remain necessary.
Copyright (c) 2026 Dinada Rindu Asmara Dailapasa, Agung Iriantoro, Luh Rina Apriani https://creativecommons.org/licenses/by/4.0
The Criminal Liability of Political Parties for Corruption Offenses Committed by Their Members
The inadequacy of existing regulations governing the criminal liability of political parties for corruption offenses committed by their members, despite the fact that, conceptually, political parties may be classified as corporate entities. It aims to analyze the construction of criminal liability applicable to political parties and to develop an ideal model for future regulation. This research employs a normative legal method, utilizing statutory, conceptual, and case-based approaches. The findings reveal that political parties may be held criminally liable when they benefit from, tolerate, or fail to prevent criminal conduct. However, the current positive legal framework remains ambiguous and fragmented. Accordingly, a reformulation is required through the integration of corporate liability principles and contemporary criminal law theory. The study concludes that strengthening the regulatory framework is essential to enhance the effectiveness of law enforcement and the prevention of corruption within a democratic system.
Copyright (c) 2026 Ainun Jiwanti, Wiranto Tri Setiawan https://creativecommons.org/licenses/by/4.0
Legal Gaps and Socio-Legal Realities in the Protection of Indigenous Papuan (OAP) Workers
The implementation of policies aimed at protecting and empowering Indigenous Papuan (OAP) workers in West Papua remains suboptimal, despite the existence of a special autonomy framework and affirmative action measures. This study seeks to examine the roles and responsibilities of local governments and to identify the factors affecting the effectiveness of these policies. The research employs a normative legal approach, incorporating statutory and conceptual analyses, and is supported by qualitative methods. The findings reveal that key constraints include inadequate infrastructure, limited institutional capacity, insufficient human resources, and weak integration between formal legal systems and customary law. It is concluded that enhancing policy effectiveness requires a holistic, participatory, and context-sensitive approach to ensure the protection and empowerment of Indigenous Papuan workers.
Copyright (c) 2026 Jonhi Sassan, Marius Suprianto Sakmaf https://creativecommons.org/licenses/by/4.0