JIHK
type: channel
description: 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!
publisher: PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua
language: en
publication name: JIHK
issn: 2502-5058
copyright: Authors who publish with this journal agree to the following terms: Copyright on any article is retained by the author(s). The author grants the journal, the right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work’s authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. The article and any associated published material is distributed under the Creative Commons Attribution 4.0 International License
items: Restorative Justice in Minor Criminal Cases: A Study of Tanjung Balai District Court Decision No. 1/Pid.C/2023/PN Tjb
items: Restructuring PayLater Regulations to Promote Consumer Justice
items: Crypto Assets in Indonesian Inheritance Law: Balancing Ownership Rights and Access Challenges
items: Human Trafficking and the Crisis of Victim Protection in Indonesia
items: Defining the Limits of Aiding and Abetting in Human Trafficking Offenses
items: Digital Democracy and the Challenges of Freedom of Expression in Indonesia
items: Human Trafficking and the Human Rights Protection Crisis in East Nusa Tenggara, Indonesia
items: Assessing the Implementation of the Best Interests of the Child Principle in Post-Divorce Custody Determinations
items: Consumer Data at Risk: Legal Challenges in Personal Data Protection within Shipping Services
items: Legal Protection for Consumers Against Food Label Manipulation in Digital Commerce
items: Indefeasibility of Title and Its Protective Limits in the Contemporary Torrens System
items: Cassation-Level Sentencing Disparities and the Future of Criminal Justice in Indonesia
items: Requirements for Determining Recidivist Status in Juvenile Offenders under Law No. 11 of 2012 on the Juvenile Criminal Justice System: A Contemporary Legal Perspective
items: Strengthening Legal Awareness to Optimize the Implementation of the Complete Systematic Land Registration Program (PTSL)
items: Algorithmic Management and the Limits of Employer Authority under Indonesian Labor Law
items: Judicial Scrutiny of Indonesian Migrant Worker Placement Under the Guise of Training
items: Assessing the Effectiveness of Gender Quotas in Indonesia’s Electoral System
items: Unraveling Barriers to Addressing Domestic Violence Cases at the Cilacap Police Department
items: Bapemperda’s Strategy for Enhancing the Quality and Effectiveness of Regional Regulations
items: The Annulment of a General Meeting of Shareholders (GMS) Deed on Procedural Grounds
items: The Criminal Liability of Political Parties for Corruption Offenses Committed by Their Members
items: Legal Gaps and Socio-Legal Realities in the Protection of Indigenous Papuan (OAP) Workers
items: Juridical Study on the Transfer of Shares in a Limited Liability Company That Is Decided to Be Free from All Legal Claims
items: Why Are Wives Vulnerable? An Analysis of Domestic Violence in Manado
items: The Limits of Director and Notary Liability in Cases Involving Forged Documents
items: Legal Protection in the Oil Palm Plasma Plantation Partnership Agreement Between Limited Liability Company and Plasma Cooperative
items: Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious Court Decision Number 5/Pdt.G/2024/PTA.Jb
items: The Legal Status of Outsourced Workers under Indonesian Positive Law
items: Limitations on the Use of Emergency Contact Data in Fintech Lending under the Personal Data Protection Act
items: Considering Restorative Justice in Criminal Cases Involving Indonesian National Armed Forces Personnel

Restorative Justice in Minor Criminal Cases: A Study of Tanjung Balai District Court Decision No. 1/Pid.C/2023/PN Tjb
type: item
description: 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.
subject: Articles
  topic: section
subject: Restorative Justice
  topic: keywords
subject: Palm Oil Theft
  topic: keywords
subject: Substantive Justice
  topic: keywords
subject: Progressive Law
  topic: keywords
creator: Dias Lutfiyansyah
creator: Boedi Prasetyo
rights: Copyright (c) 2026 Dias Lutfiyansyah, Boedi Prasetyo https://creativecommons.org/licenses/by/4.0
date: 2026-06-29
publication date: 2026-06-29
starting page: 472
ending page: 484
doi: 10.46924/jihk.v8i1.484

Restructuring PayLater Regulations to Promote Consumer Justice
type: item
description: 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.
subject: Articles
  topic: section
subject: PayLater
  topic: keywords
subject: Consumer Protection
  topic: keywords
subject: Digital Financing
  topic: keywords
subject: Legal Certainty
  topic: keywords
creator: Johannes Adrian Marpaung
creator: Peter Gideon Michael Tarigan
creator: Graciela Graciela
creator: Bayu Widianto
rights: Copyright (c) 2026 Johannes Adrian Marpaung, Peter Gideon Michael Tarigan, Graciela Graciela, Bayu Widianto https://creativecommons.org/licenses/by/4.0
date: 2026-06-26
publication date: 2026-06-26
starting page: 457
ending page: 471
doi: 10.46924/jihk.v8i1.483

Crypto Assets in Indonesian Inheritance Law: Balancing Ownership Rights and Access Challenges
type: item
description: 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.
subject: Articles
  topic: section
subject: Crypto Assets
  topic: keywords
subject: Inheritance Law
  topic: keywords
subject: Blockchain
  topic: keywords
subject: Private Keys
  topic: keywords
subject: Digital Assets
  topic: keywords
creator: Mikael Alvaro
creator: Mia Hadiati
rights: Copyright (c) 2026 Mikael Alvaro , Mia Hadiati https://creativecommons.org/licenses/by/4.0
date: 2026-06-19
publication date: 2026-06-19
starting page: 338
ending page: 350
doi: 10.46924/jihk.v8i1.479

Human Trafficking and the Crisis of Victim Protection in Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Human Trafficking
  topic: keywords
subject: Victim Protection
  topic: keywords
subject: Legal Assistance
  topic: keywords
subject: Human Rights, Restitution
  topic: keywords
creator: Therecya Angella Sitio
creator: Hery Firmansyah
rights: Copyright (c) 2026 Therecya Angella Sitio, Hery Firmansyah https://creativecommons.org/licenses/by/4.0
date: 2026-06-19
publication date: 2026-06-19
starting page: 324
ending page: 337
doi: 10.46924/jihk.v8i1.478

Defining the Limits of Aiding and Abetting in Human Trafficking Offenses
type: item
description: 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.
subject: Articles
  topic: section
subject: Human Trafficking
  topic: keywords
subject: Aiding and Abetting
  topic: keywords
subject: Criminal Liability
  topic: keywords
subject: Victim Protection
  topic: keywords
creator: Indy Kanaishia
creator: Rugun Romaida Hutabarat
rights: Copyright (c) 2026 Indy Kanaishia, Rugun Romaida Hutabarat https://creativecommons.org/licenses/by/4.0
date: 2026-06-19
publication date: 2026-06-19
starting page: 309
ending page: 323
doi: 10.46924/jihk.v8i1.477

Digital Democracy and the Challenges of Freedom of Expression in Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Freedom of Expression
  topic: keywords
subject: Social Media
  topic: keywords
subject: Human Rights
  topic: keywords
subject: Electronic Information and Transactions Law (ITE Law)
  topic: keywords
creator: Jhames Jorgi
creator: Hery Firmansyah
rights: Copyright (c) 2026 Jhames Jorgi, Hery Firmansyah https://creativecommons.org/licenses/by/4.0
date: 2026-06-19
publication date: 2026-06-19
starting page: 293
ending page: 308
doi: 10.46924/jihk.v8i1.476

Human Trafficking and the Human Rights Protection Crisis in East Nusa Tenggara, Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Human Rights
  topic: keywords
subject: Human Trafficking
  topic: keywords
subject: Comparative Law
  topic: keywords
subject: Legal Reform
  topic: keywords
creator: Semuel Haning
creator: Agustin Leni Magdalen Rohi Riwu
creator: Arnold J Sjah
rights: Copyright (c) 2026 Semuel Haning, Agustin Leni Magdalen Rohi Riwu, Arnold J Sjah https://creativecommons.org/licenses/by/4.0
date: 2026-06-24
publication date: 2026-06-24
starting page: 440
ending page: 456
doi: 10.46924/jihk.v8i1.475

Assessing the Implementation of the Best Interests of the Child Principle in Post-Divorce Custody Determinations
type: item
description: 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.
subject: Articles
  topic: section
subject: Child Custody
  topic: keywords
subject: Divorce
  topic: keywords
subject: Child Protection
  topic: keywords
subject: Best Interests of The Child
  topic: keywords
subject: Legal Protection
  topic: keywords
creator: Angelina Patricia Halim
creator: Mia Hadiati
rights: Copyright (c) 2026 Angelina Patricia Halim , Mia Hadiati https://creativecommons.org/licenses/by/4.0
date: 2026-06-13
publication date: 2026-06-13
starting page: 264
ending page: 278
doi: 10.46924/jihk.v8i1.474

Consumer Data at Risk: Legal Challenges in Personal Data Protection within Shipping Services
type: item
description: 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.
subject: Articles
  topic: section
subject: Personal Data Protection
  topic: keywords
subject: Shipping Services
  topic: keywords
subject: Data Breaches
  topic: keywords
subject: Legal Liability
  topic: keywords
creator: Muhamad Najib Hilal Haadii
creator: Moody Rizqy Syailendra
rights: Copyright (c) 2026 Muhamad Najib Hilal Haadii, Moody Rizqy Syailendra https://creativecommons.org/licenses/by/4.0
date: 2026-06-13
publication date: 2026-06-13
starting page: 279
ending page: 292
doi: 10.46924/jihk.v8i1.473

Legal Protection for Consumers Against Food Label Manipulation in Digital Commerce
type: item
description: 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.
subject: Articles
  topic: section
subject: Relabeling
  topic: keywords
subject: Repackaging
  topic: keywords
subject: Consumer Protection
  topic: keywords
subject: Food Safety
  topic: keywords
subject: Product Liability
  topic: keywords
creator: Yohana Apriana
creator: Lewiandy Lewiandy
rights: Copyright (c) 2026 Yohana Apriana, Lewiandy Lewiandy https://creativecommons.org/licenses/by/4.0
date: 2026-06-13
publication date: 2026-06-13
starting page: 250
ending page: 263
doi: 10.46924/jihk.v8i1.470

Indefeasibility of Title and Its Protective Limits in the Contemporary Torrens System
type: item
description: 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.
subject: Articles
  topic: section
subject: Indefeasibility of Title
  topic: keywords
subject: Torrens System
  topic: keywords
subject: Legal Certainty
  topic: keywords
subject: Land Registration
  topic: keywords
subject: Land Title Act 2000
  topic: keywords
creator: Velliana Samudro
creator: Rasji Rasji
rights: Copyright (c) 2026 Velliana Samudro , Rasji Rasji https://creativecommons.org/licenses/by/4.0
date: 2026-06-11
publication date: 2026-06-11
starting page: 232
ending page: 249
doi: 10.46924/jihk.v8i1.469

Cassation-Level Sentencing Disparities and the Future of Criminal Justice in Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Sentencing Disparity
  topic: keywords
subject: Criminal Punishment
  topic: keywords
subject: Cassation Decision
  topic: keywords
subject: 2023 Criminal Code
  topic: keywords
creator: Lisa Rahmasari
creator: Hery Firmansyah
rights: Copyright (c) 2026 Lisa Rahmasari, Romaida Hutabarat https://creativecommons.org/licenses/by/4.0
date: 2026-06-20
publication date: 2026-06-20
starting page: 410
ending page: 424
doi: 10.46924/jihk.v8i1.465

Requirements for Determining Recidivist Status in Juvenile Offenders under Law No. 11 of 2012 on the Juvenile Criminal Justice System: A Contemporary Legal Perspective
type: item
description: 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.
subject: Articles
  topic: section
subject: Juvenile Recidivism
  topic: keywords
subject: Juvenile Criminal Justice System
  topic: keywords
subject: Juvenile Law, Judicial Policy.
  topic: keywords
subject: Juvenile Law, Judicial Policy
  topic: keywords
creator: Chicillia Sri Servanda
creator: Rugun Romaida Hutabarat
rights: Copyright (c) 2026 Chicillia Sri Servanda, Rugun Romaida Hutabarat https://creativecommons.org/licenses/by/4.0
date: 2026-06-20
publication date: 2026-06-20
starting page: 425
ending page: 439
doi: 10.46924/jihk.v8i1.464

Strengthening Legal Awareness to Optimize the Implementation of the Complete Systematic Land Registration Program (PTSL)
type: item
description: 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.
subject: Articles
  topic: section
subject: Land Rights
  topic: keywords
subject: Legal Awareness
  topic: keywords
subject: Land Registration
  topic: keywords
creator: Aan Risanah
creator: Azhima Eka Putri
rights: Copyright (c) 2026 Aan Risanah, Azhima Eka Putri https://creativecommons.org/licenses/by/4.0
date: 2026-06-19
publication date: 2026-06-19
starting page: 364
ending page: 381
doi: 10.46924/jihk.v8i1.461

Algorithmic Management and the Limits of Employer Authority under Indonesian Labor Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Employer Authority
  topic: keywords
subject: Artificial Intelligence
  topic: keywords
subject: Employee Protection
  topic: keywords
subject: Employment Law
  topic: keywords
creator: Kurdi Kurdi
creator: Raul Gindo Cahayo
creator: Teuku Ahmad Dadek
rights: Copyright (c) 2026 Kurdi Kurdi, Raul Gindo Cahayo, Teuku Ahmad Dadek https://creativecommons.org/licenses/by/4.0
date: 2026-06-19
publication date: 2026-06-19
starting page: 397
ending page: 410
doi: 10.46924/jihk.v8i1.460

Judicial Scrutiny of Indonesian Migrant Worker Placement Under the Guise of Training
type: item
description: 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.
subject: Articles
  topic: section
subject: Indonesian Migrant Workers
  topic: keywords
subject: Job Training Institutions
  topic: keywords
subject: Unauthorized Placement
  topic: keywords
subject: Legal Protection
  topic: keywords
creator: Fabrian Candra Darmawan
creator: Hafid Zakariya
creator: Suparwi Suparwi
rights: Copyright (c) 2026 Fabrian Candra Darmawan, Hafid Zakariya, Suparwi Suparwi https://creativecommons.org/licenses/by/4.0
date: 2026-06-04
publication date: 2026-06-04
starting page: 218
ending page: 231
doi: 10.46924/jihk.v8i1.458

Assessing the Effectiveness of Gender Quotas in Indonesia’s Electoral System
type: item
description: 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.
subject: Articles
  topic: section
subject: Women’s Representation
  topic: keywords
subject: Elections
  topic: keywords
subject: Constitutional Law
  topic: keywords
creator: Jessica Virgoria Septiana
creator: Nourma Dewi
creator: Yulian Dwi Nurwanti
rights: Copyright (c) 2026 Jessica Virgoria Septiana, Nourma Dewi, Yulian Dwi Nurwanti https://creativecommons.org/licenses/by/4.0
date: 2026-06-04
publication date: 2026-06-04
starting page: 205
ending page: 217
doi: 10.46924/jihk.v8i1.457

Unraveling Barriers to Addressing Domestic Violence Cases at the Cilacap Police Department
type: item
description: 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.
subject: Articles
  topic: section
subject: Domestic Violence
  topic: keywords
subject: Investigators’ Role
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Restorative Justiceions
  topic: keywords
creator: Shellyana Putri
creator: Nourma Dewi
creator: Yulian Dwi Nurwanti
rights: Copyright (c) 2026 Shellyana Putri, Nourma Dewi, Yulian Dwi Nurwanti https://creativecommons.org/licenses/by/4.0
date: 2026-06-04
publication date: 2026-06-04
starting page: 189
ending page: 204
doi: 10.46924/jihk.v8i1.456

Bapemperda’s Strategy for Enhancing the Quality and Effectiveness of Regional Regulations
type: item
description: 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.
subject: Articles
  topic: section
subject: Bapemperda
  topic: keywords
subject: Regional Regulations
  topic: keywords
subject: Legislative Performance
  topic: keywords
subject: Regional Autonomy
  topic: keywords
creator: Ali Rahmat
creator: Tuti Widyaningrum
rights: Copyright (c) 2026 Ali Rahmat, Tuti Widyaningrum https://creativecommons.org/licenses/by/4.0
date: 2026-06-19
publication date: 2026-06-19
starting page: 351
ending page: 363
doi: 10.46924/ggt9g353

The Annulment of a General Meeting of Shareholders (GMS) Deed on Procedural Grounds
type: item
description: 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.
subject: Articles
  topic: section
subject: Procedural Defects
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Directors And Commissioners
  topic: keywords
subject: Annulment of Deed
  topic: keywords
creator: Dinada Rindu Asmara Dailapasa
creator: Agung Iriantoro
creator: Luh Rina Apriani
rights: Copyright (c) 2026 Dinada Rindu Asmara Dailapasa, Agung Iriantoro, Luh Rina Apriani https://creativecommons.org/licenses/by/4.0
date: 2026-04-15
publication date: 2026-04-15
starting page: 86
ending page: 97
doi: 10.46924/jihk.v8i1.452

The Criminal Liability of Political Parties for Corruption Offenses Committed by Their Members
type: item
description: 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.
subject: Articles
  topic: section
subject: Corporation
  topic: keywords
subject: Corruption
  topic: keywords
subject: Political Party
  topic: keywords
creator: Ainun Jiwanti
creator: Wiranto Tri Setiawan
rights: Copyright (c) 2026 Ainun Jiwanti, Wiranto Tri Setiawan https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 111
ending page: 124
doi: 10.46924/jihk.v8i1.451

Legal Gaps and Socio-Legal Realities in the Protection of Indigenous Papuan (OAP) Workers
type: item
description: 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.
subject: Articles
  topic: section
subject: Legal Policy
  topic: keywords
subject: Labor
  topic: keywords
subject: Employment
  topic: keywords
subject: Indigenous Papuans
  topic: keywords
subject: Special Autonomy
  topic: keywords
creator: Jonhi Sassan
creator: Marius Suprianto Sakmaf
rights: Copyright (c) 2026 Jonhi Sassan, Marius Suprianto Sakmaf https://creativecommons.org/licenses/by/4.0
date: 2026-03-30
publication date: 2026-03-30
starting page: 98
ending page: 110
doi: 10.46924/jihk.v8i1.450

Juridical Study on the Transfer of Shares in a Limited Liability Company That Is Decided to Be Free from All Legal Claims
type: item
description: In a limited liability company, the General Meeting of Shareholders serves as the highest corporate organ authorized to determine strategic matters, including the transfer of shares. This study examines the legality of share transfer conducted without fulfilling the quorum requirements, as reflected in Surabaya District Court Decision No. 7/Pid.B/2020/PN.Sby in conjunction with Surabaya High Court Decision No. 1476/Pid/2020/PT.Sby. This research employed a normative juridical method with qualitative analysis based on statutory and case approaches. The findings indicate that such transfer is legally defective unless justified through the Circular Resolution of Shareholders mechanism. Notaries play a crucial role in ensuring legal certainty and the validity of the transaction.
subject: Articles
  topic: section
subject: Limited Liability Company, Stock Transfer, Release Judgment
  topic: keywords
creator: Hendra Setiawan Siburian
creator: Ali Abdullah
creator: Fitra Deni
rights: Copyright (c) 2026 Hendra Setiawan Siburian https://creativecommons.org/licenses/by/4.0
date: 2026-04-11
publication date: 2026-04-11
starting page: 70
ending page: 85
doi: 10.46924/jihk.v8i1.449

Why Are Wives Vulnerable? An Analysis of Domestic Violence in Manado
type: item
description: Domestic violence against wives constitutes a violation of human rights that continues to occur frequently, despite its regulation under Law Number 23 of 2004 on the Elimination of Domestic Violence. This study aims to analyze the prevalence of physical violence against wives in Manado City and to identify the dominant factors influencing it. The research employs an empirical juridical method with a descriptive-analytical approach, utilizing questionnaires and interviews. The findings indicate that the prevalence of physical violence is 4.44% within the general population and is absent among highly educated women. The dominant factors include low levels of education, economic dependence, unequal power relations, and patriarchal cultural norms. It is concluded that physical violence within the household is a complex phenomenon; therefore, a comprehensive strategy is required, encompassing women’s empowerment and the strengthening of legal protection mechanisms.
subject: Articles
  topic: section
subject: Violence
  topic: keywords
subject: Physical Abuse
  topic: keywords
subject: Domestic Violence
  topic: keywords
subject: Power Relations
  topic: keywords
creator: Marthin Luther Lambonan
creator: Mario A. Gerungan
creator: Rony Sepang
rights: Copyright (c) 2026 Marthin Luther Lambonan, Mario A. Gerungan, Rony Sepang https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 176
ending page: 188
doi: 10.46924/jihk.v8i1.448

The Limits of Director and Notary Liability in Cases Involving Forged Documents
type: item
description: The increasing use of forged documents in the establishment of a Limited Liability Company raises significant concerns regarding the legal liability of directors and the vulnerable position of notaries. This study aims to analyze the legal responsibility of directors for forging signatures in supporting documents for the deed of establishment and to examine the scope of legal protection afforded to notaries. This research employs a normative legal method, utilizing statutory and case-based approaches. The findings reveal that directors may incur both criminal and civil liability for fulfilling the elements of forgery and breaching their fiduciary duties, whereas notaries who act in good faith and exercise due diligence are entitled to legal protection. In conclusion, there is a need to clarify the boundaries of liability and to strengthen verification mechanisms in order to ensure legal certainty and justice.
subject: Articles
  topic: section
subject: Director Liability
  topic: keywords
subject: Document Forgery
  topic: keywords
subject: Notary Protection
  topic: keywords
subject: Limited Liability Company
  topic: keywords
creator: Dyah Ayu Putri Fatimah
creator: Fitra Deni
creator: Indah Harlina
rights: Copyright (c) 2026 Dyah Ayu Putri Fatimah, Fitra Deni, Indah Harlina https://creativecommons.org/licenses/by/4.0
date: 2026-04-27
publication date: 2026-04-27
starting page: 47
ending page: 59
doi: 10.46924/jihk.v8i1.441

Legal Protection in the Oil Palm Plasma Plantation Partnership Agreement Between Limited Liability Company and Plasma Cooperative
type: item
description: The palm oil plasma core partnership agreement between plantation companies and plasma farmer cooperatives basically aims to realize a fair and balanced cooperative relationship. But in practice, agreements are often drafted unilaterally by companies and cooperative involvement tends to be formal. In addition, the non-transparent and unaccountable management of cooperatives causes the management to fail to represent the interests of plasma farmers, especially in financial management and distribution of plantation products. This condition puts plasma farmers in a weak position and vulnerable to losses. This research uses normative juridical methods with laws and regulations, conceptual, and case study approaches. The results of the study show that the weak implementation of the principles of cooperative agreements and governance has the potential to cause legal, economic, and social losses for plasma farmers. Therefore, it is necessary to strengthen the application of the principles of the agreement, improve the professionalism of cooperative management, and optimize the role of notaries to ensure balance and legal protection in plasma core partnership agreements
subject: Articles
  topic: section
subject: Legal Protection, Palm Oil Plasma Core Partnership Agreement, Plasma Cooperative.
  topic: keywords
creator: Theresia Magdalena
creator: Yoyo Arifardhani
creator: Edi Tarsono
rights: Copyright (c) 2026 Theresia Magdalena, Yoyo Arifardhani, Edi Tarsono https://creativecommons.org/licenses/by/4.0
date: 2026-04-01
publication date: 2026-04-01
starting page: 60
ending page: 69
doi: 10.46924/jihk.v8i1.440

Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious Court Decision Number 5/Pdt.G/2024/PTA.Jb
type: item
description: This study examines the legal implications of the non-enforcement of court decisions in child custody disputes following divorce, focusing on the Jambi High Religious Court Decision Number: 5/Pdt.G/2024/PTA.Jb. Utilizing a normative legal research method, this study analyzes relevant laws and judicial rulings. The findings indicate that although Indonesia has established a comprehensive legal framework for child protection through Law No. 35 of 2014, the execution of child custody decisions continues to face significant challenges. These challenges include inadequate communication between divorced parties, the psychological impact on children, and the lack of criminal sanctions for individuals who fail to comply with court rulings. This study recommends a holistic approach to the enforcement of custody decisions, the strengthening of legal enforcement mechanisms, and enhanced institutional coordination to ensure the effective protection of children's rights after divorce.
subject: Articles
  topic: section
subject: Child Custody
  topic: keywords
subject: Enforcement of Court Decisions
  topic: keywords
subject: Child Protection
  topic: keywords
subject: Divorce
  topic: keywords
creator: Yurnelis Yurnelis
creator: Mulyadi Tanzili
creator: Sofyan Hasan
rights: Copyright (c) 2025 Yurnelis Yurnelis, Mulyadi Tanzili, Sofyan Hasan https://creativecommons.org/licenses/by/4.0
date: 2026-03-12
publication date: 2026-03-12
starting page: 16
ending page: 26
doi: 10.46924/0wnn3x55

The Legal Status of Outsourced Workers under Indonesian Positive Law
type: item
description: This study is prompted by the increasing flexibility of outsourcing arrangements in Indonesian labor law following the enactment of Law Number 6 of 2023 on the Stipulation of the Job Creation Government Regulation in Lieu of Law (Perppu), which has not been accompanied by adequate legal protection for workers. It aims to examine the legal status of outsourcing, its regulatory implications, judicial practices in worker protection, and relevant international comparisons, as well as to formulate an ideal model of protection. The study employs a normative legal research method using statutory, conceptual, and comparative approaches. The findings indicate that worker protection remains insufficient, despite the emergence of progressive approaches within the judiciary. Comparative analysis underscores the importance of the principles of equality and shared responsibility. The study concludes that policy reformulation grounded in joint liability and comprehensive protection is necessary to achieve a fair and sustainable labor system.
subject: Articles
  topic: section
subject: Outsourcing
  topic: keywords
subject: Labor Law
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Legal Certainty
  topic: keywords
creator: Bunga Yuliana
creator: Joni Emirzon
creator: Suci Flambonita
rights: Copyright (c) 2026 Bunga Yuliana, Joni Emirzon, Suci Flambonita https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 158
ending page: 175
doi: 10.46924/jihk.v8i1.438

Limitations on the Use of Emergency Contact Data in Fintech Lending under the Personal Data Protection Act
type: item
description: This study is motivated by the increasing misuse of emergency contact data in the debt collection practices of fintech lending services, which may infringe upon personal data protection rights. Although Law Number 27 of 2022 on Personal Data Protection (PDP Law) provides a legal framework for the management and protection of personal data, its implementation in the fintech sector continues to face several challenges. This study aims to analyze the legal provisions governing the use and limitation of access to emergency contact data and to identify the challenges associated with enforcing laws against such misuse. The research employs a normative legal research method with statutory and conceptual approaches, relying on the analysis of legislation, academic literature, and relevant legal documents. The findings indicate that the PDP Law establishes key principles, including consent, purpose limitation in data processing, and the responsibilities of data controllers. However, instances of misuse persist due to weak regulatory oversight, limited institutional coordination, and low levels of public legal awareness. Therefore, strengthening supervisory mechanisms and enhancing the integration of law enforcement institutions are essential to improving personal data protection within the fintech lending ecosystem.
subject: Articles
  topic: section
subject: Personal Data Protection
  topic: keywords
subject: Fintech Lending
  topic: keywords
subject: Emergency Contacts
  topic: keywords
subject: Law Enforcement
  topic: keywords
creator: Mochammad Zainuril Huda
creator: Krista Yitawati
creator: Meirza Aulia Chairani
rights: Copyright (c) 2026 Mochammad Zainuril Huda, Krista Yitawati, Meirza Aulia Chairani https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 141
ending page: 157
doi: 10.46924/jihk.v8i1.437

Considering Restorative Justice in Criminal Cases Involving Indonesian National Armed Forces Personnel
type: item
description: This study is motivated by the evolving paradigm in criminal justice, which is no longer solely oriented toward punishment but increasingly emphasizes the restoration of social relationships through a restorative justice approach, including within the military justice system. The research aims to analyze the implementation of restorative justice in military criminal cases adjudicated by the Madiun III-13 Military Court and to examine the legal considerations of the panel of judges in applying this approach in Decision Number 26-K/PM.III-13/AD/VII/2025 concerning fraud committed by a member of the Indonesian National Armed Forces (TNI). This study employs a normative legal research method using statutory and case-based approaches, supported by the analysis of judicial decisions and relevant empirical data related to military justice practices. The findings indicate that restorative justice was implemented through a mutual agreement between the perpetrator and the victim, accompanied by a mechanism for compensating the victim’s losses, while maintaining the principles of military discipline. Accordingly, restorative justice can be proportionally integrated into the military criminal justice system.
subject: Articles
  topic: section
subject: Restorative Justice
  topic: keywords
subject: Military Justice
  topic: keywords
subject: Judicial Considerations
  topic: keywords
subject: Fraud
  topic: keywords
creator: Dinda Goeniswara
creator: Krista Yitawati
creator: Mierza Aulia Chairani
rights: Copyright (c) 2026 Dinda Goeniswara, Krista Yitawati, Mierza Aulia Chairani https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 125
ending page: 140
doi: 10.46924/jihk.v8i1.436