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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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
Juridical Study on the Transfer of Shares in a Limited Liability Company That Is Decided to Be Free from All Legal Claims
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.
Limited Liability Company, Stock Transfer, Release Judgment
Copyright (c) 2026 Hendra Setiawan Siburian https://creativecommons.org/licenses/by/4.0
Why Are Wives Vulnerable? An Analysis of Domestic Violence in Manado
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.
Copyright (c) 2026 Marthin Luther Lambonan, Mario A. Gerungan, Rony Sepang https://creativecommons.org/licenses/by/4.0
The Limits of Director and Notary Liability in Cases Involving Forged Documents
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.
Copyright (c) 2026 Dyah Ayu Putri Fatimah, Fitra Deni, Indah Harlina https://creativecommons.org/licenses/by/4.0
Legal Protection in the Oil Palm Plasma Plantation Partnership Agreement Between Limited Liability Company and Plasma Cooperative
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
Legal Protection, Palm Oil Plasma Core Partnership Agreement, Plasma Cooperative.
Copyright (c) 2026 Theresia Magdalena, Yoyo Arifardhani, Edi Tarsono https://creativecommons.org/licenses/by/4.0
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
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.
Copyright (c) 2025 Yurnelis Yurnelis, Mulyadi Tanzili, Sofyan Hasan https://creativecommons.org/licenses/by/4.0
The Legal Status of Outsourced Workers under Indonesian Positive Law
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.
Copyright (c) 2026 Bunga Yuliana, Joni Emirzon, Suci Flambonita https://creativecommons.org/licenses/by/4.0
Limitations on the Use of Emergency Contact Data in Fintech Lending under the Personal Data Protection Act
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.
Copyright (c) 2026 Mochammad Zainuril Huda, Krista Yitawati, Meirza Aulia Chairani https://creativecommons.org/licenses/by/4.0
Considering Restorative Justice in Criminal Cases Involving Indonesian National Armed Forces Personnel
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.
Copyright (c) 2026 Dinda Goeniswara, Krista Yitawati, Mierza Aulia Chairani https://creativecommons.org/licenses/by/4.0
Unlawful Acts in Sales and Purchase Agreements and the Protection of Good-Faith Buyers
Sales and Purchase Agreements (Perjanjian Pengikatan Jual Beli—PPJBs) frequently give rise to disputes when legal defects arise in the transfer of land rights, particularly where such defects prejudice buyers acting in good faith. The tension between legal certainty of land ownership and the protection of good-faith parties remains a legal problem that has yet to be fully resolved in judicial practice. This study examines the application of the doctrine of unlawful acts in PPJBs and evaluates the form and effectiveness of legal protection afforded to landowners and good-faith buyers. Employing a normative legal research method, the study adopts statutory, conceptual, and case-based approaches, with particular attention to judicial decisions concerning PPJB disputes. The findings demonstrate that unlawful acts in PPJBs predominantly originate from the bad faith of one of the contracting parties or third parties. At the same time, courts tend to provide proportional protection to good-faith buyers without disregarding the rights of the lawful owner. The study concludes that effective legal protection in PPJB disputes can only be achieved through a balanced application of the principles of good faith and legal certainty within the agrarian law framework.
Copyright (c) 2025 Nabilla Zahra, Ali Abdullah, Diani Kesuma https://creativecommons.org/licenses/by/4.0
Arbitration as a Dispute Resolution Mechanism Supporting the Sustainable Development Goals in Private Higher Education
Private Higher Education Institutions (PTS) in Indonesia are private legal entities with full legal capacity to enter into agreements with third parties, acquire rights, assume obligations, and engage in contractual relations. In its various academic and non-academic activities supporting the Tri Dharma, civil disputes are inevitable. Litigation before the court is still commonly used, yet the judicial process is time-consuming, costly, formalistic, and publicly open to scrutiny—potentially harming institutional reputation. Arbitration emerges as an alternative dispute resolution mechanism that is normatively recognized within Indonesian law, produces final and binding awards, and provides a dispute settlement model that is faster, confidential, flexible, and more compatible with contemporary business needs. This article examines the strategic use of arbitration by PTS as an instrument of good university governance and legal risk management. A clear arbitration clause prevents forum shopping and jurisdictional conflicts before disputes escalate further. Consequently, arbitration should not merely be treated as an optional clause within contracts, but as a deliberate institutional policy to ensure legal certainty, efficiency, and the preservation of institutional credibility
Copyright (c) 2025 Ahmad Widad Muntazhor, Bia Mangkudilaga, Alya Dean Putri, Muhammad Reza Rivaldo https://creativecommons.org/licenses/by/4.0
The Draft Asset Confiscation Law in the Recovery of State Losses
Corruption constitutes an extraordinary crime that generates multidimensional harms and significantly undermines state finances. The effectiveness of anti-corruption efforts should be assessed not only through the punishment of offenders but also through the state’s capacity to recover losses by means of asset recovery mechanisms. This study examines efforts to recover state losses within the Indonesian criminal law system, analyzes the normative, structural, and practical obstacles encountered, and evaluates the urgency and relevance of the Asset Confiscation Bill as an alternative legal policy. Employing normative legal research, this study adopts statutory, conceptual, comparative, and case-based approaches. The findings indicate that state loss recovery mechanisms reliant on the criminal punishment of offenders remain suboptimal due to the complexity of corruption offenses and the limitations of existing legal instruments. Accordingly, the enactment of the Asset Confiscation Bill, grounded in an asset-based approach, represents a strategic measure to enhance the effectiveness of state loss recovery.
Copyright (c) 2026 Rifqi Dwi Bachtiar Rifqi, Hidayatullah https://creativecommons.org/licenses/by/4.0
Legal Protection of Child Offenders in Restorative Justice–Based Criminal Investigations
Legal protection for children as offenders constitutes a constitutional and statutory mandate that must be effectively realized through a restorative justice–based Juvenile Criminal Justice System. However, in investigative practice, the implementation of such protection continues to encounter various challenges. This study aims to examine the forms of legal protection afforded to child offenders during the investigation process at the Surabaya Police Headquarters, as regulated under the Juvenile Criminal Justice System Law and grounded in restorative justice principles, and to identify both normative and empirical obstacles in order to formulate strategies for optimizing legal protection. This research employs an empirical juridical method using statutory and sociological approaches, with data collected through interviews and document analysis. The findings reveal that legal protection and restorative justice mechanisms have been implemented, albeit not optimally, due to a limited number of specialized child investigators, weak inter-institutional coordination, and low levels of public legal awareness. The study concludes that optimizing legal protection for children requires strengthening institutional capacity, enhancing cross-sector coordination, and improving public legal literacy.
Copyright (c) 2025 Dodik Wahyono, Gesa Bimantara, Neli Agus Tina https://creativecommons.org/licenses/by/4.0
The Legal Standing of Land Nominee Agreements from the Perspective of Lawful Cause
The practice of borrowed-name agreements in land transactions in Indonesia raises significant concerns regarding contractual validity and legal certainty, particularly when such arrangements are employed to circumvent statutory prohibitions on land ownership. The core issue lies in the discrepancy between the formal structure of the agreement and its substantive purpose, which contravenes agrarian law. This study examines the legal implications of failing to satisfy the requirement of a lawful cause in borrowed-name agreements, formulates a juridical–conceptual framework for assessing their validity through an integration of the doctrine of lawful cause and mandatory principles of agrarian law, and delineates the limits of contractual freedom in land ownership. Employing normative legal research methods, including conceptual analysis, statutory interpretation, and case law review, the study finds that borrowed-name agreements are legally invalid when their purpose is to evade agrarian restrictions, notwithstanding their formal compliance with contractual requirements. The study concludes that the doctrine of lawful cause remains a crucial evaluative instrument for safeguarding the balance between freedom of contract, legal certainty, justice, and public order within the national legal system.
Copyright (c) 2025 Deyosi Faza Shulkhantika, Luthfiyah Trini Hastuti, Isharyanto Isharyanto https://creativecommons.org/licenses/by/4.0
Dishonorable Removal of a Notary for Breach of Professional Ethics: An Analysis of Decision No. 3/Pdt.G/2022/PN Plk
Dishonorable dismissal of a notary constitutes the most severe administrative sanction, directly affecting the continuity of office and the professional legitimacy of notaries as public officials. This study examines the legality of dishonorable dismissal imposed on a notary for ethical violations and evaluates the role of the Regional Supervisory Council within the notarial oversight system, focusing on Decision Number 3/Pdt.G/2022/PN Plk. The research employs a normative legal method using statutory and case-based approaches. Primary and secondary legal materials are analyzed qualitatively through legal interpretation and juridical reasoning. The findings reveal that although the authority to dismiss notaries is normatively regulated under the Notary Office Act, its implementation in the case under study raises significant concerns regarding legal certainty, proportionality of sanctions, and compliance with procedural justice, particularly the right to defense. Furthermore, the Regional Supervisory Council has not functioned optimally as a professional guidance mechanism and tends to operate in a predominantly procedural-administrative manner. This study underscores the need to recalibrate the notarial supervision framework to ensure that dishonorable dismissal is imposed in an accountable, proportional, and legally reasoned manner consistent with the principles of good governance.
Copyright (c) 2025 Kintan Salma Waluya, Tetti Samosir, Jum Anggriani https://creativecommons.org/licenses/by/4.0
Forgery of Authentic Instruments by Notaries and the Scope of Legal Liability
The forgery of authentic deeds by notaries constitutes a serious legal issue with direct implications for legal certainty and public trust in the civil law system. As public officials, notaries are not only responsible for the formal accuracy of deeds but are also bound by a duty of care in verifying the identities and documents of the parties involved. This article examines the construction of notarial legal liability in cases of authentic deed forgery and the legal consequences arising from deeds executed on the basis of invalid document verification. Employing a normative legal approach, the study analyzes statutory regulations, legal doctrine, and judicial decisions, with particular emphasis on Bandung High Court Decision No. 73/Pid/2023/PT.BDG as a case study. The findings indicate that a notary’s failure to exercise due care, especially within the scope of official authority, may constitute fault giving rise to criminal, civil, and administrative liability. Authentic deeds prepared on the basis of invalid documentation may suffer a degradation of evidentiary value and may lead to the annulment of the legal acts embodied therein. The Bandung High Court decision affirms that the notary’s duty of care serves as a primary benchmark in assessing criminal liability, while also highlighting the need for clearer parameters to distinguish administrative negligence from criminal negligence in order to safeguard legal certainty.
Copyright (c) 2025 Khadijah Khadijah, Edi Tarsono, Utji Sri Wulan Wuryandari https://creativecommons.org/licenses/by/4.0
Interfaith Marriage And The Dilemma Of National Legal
The Indonesian law on interfaith marriage does not explicitly prohibit it, but it also lacks clear legal clarity, leading to confusion and gaps in its implementation. This study employed a qualitative, literature-based research method based on both legislative and comparative approaches. This study compares Indonesia's legal approach with other countries, based on existing laws and community practices. The legal vacuum surrounding interfaith marriage often leads Indonesians to circumvent domestic legal limitations by marrying abroad and re-registering them in Indonesia. Another approach is to marry twice, with each bride and groom representing their respective religions. This reflects the inability of national law to accommodate increasingly pluralistic and cross-border social realities. Strong religious identities, such as Malaysia, explicitly prohibit interfaith marriage through its Islamic family law framework. Conversely, countries with high levels of religious tolerance and strong cultural ties, such as Ethiopia, the United Kingdom, and Singapore, tend to allow freedom of interfaith marriage on the basis of human rights. Indonesian legal policy needs reform to provide legal clarity and be based on community culture, so that community attempts to circumvent the law can be overcome.
Copyright (c) 2026 Uun Kurniasih, Kosim Kosim, Edy Setyawan https://creativecommons.org/licenses/by/4.0
Assessing Local Government Responsibility in Protecting Traditional Fishermen through Fisheries Insurance
Traditional fishermen constitute a category of workers exposed to a high level of occupational safety risk, yet they have not received adequate and effective legal protection. One of the policy instruments developed by the state to safeguard fishermen is the fisheries insurance scheme. This study examines the responsibility of local governments in providing legal protection for traditional fishermen through the implementation of fisheries insurance, with a particular focus on Tuban Regency. The research employs an empirical legal method using a socio-legal approach. Data were collected through interviews with local government officials and traditional fishermen, complemented by an analysis of relevant laws and regulations and a review of the existing literature. The findings indicate that although fisheries insurance is supported by a sufficient legal framework, it has not yet functioned as substantive legal protection in practice. Its implementation remains largely administrative, while legal education and assistance with insurance claims are inadequately provided, resulting in legal protection that falls short of delivering legal certainty, tangible benefits, and a sense of security for fishermen.
Copyright (c) 2025 Gesa Bimantara, Hanin Alya’ Labibah, Neli Agus Tina https://creativecommons.org/licenses/by/4.0
Symbolic Participation in Village Budgeting: A Legal Analysis of Community Involvement in Tangkulowi Village
This study analyzes community participation in the preparation of the Village Revenue and Expenditure Budget (APBDes) from the perspective of village governance law. Law Number 6 of 2014 on Villages, as lastly amended by Law Number 3 of 2024, normatively positions community participation as a fundamental principle of democratic and accountable village financial management. Using a normative-empirical legal approach, this research was conducted in Tangkulowi Village, Kulawi District, Sigi Regency. The findings reveal that community participation in APBDes preparation tends to be symbolic. Although formal involvement occurs through deliberative forums, community influence on budget priorities and allocations remains limited. Aspirations from indigenous groups, youth, and women are not adequately reflected in planning and budgeting documents. This symbolic participation weakens the legal legitimacy of the APBDes and reduces accountability and community oversight of village financial management. The study concludes that community participation in APBDes preparation constitutes a legal issue directly related to the quality of village democracy and the legitimacy of village governance.
Copyright (c) 2025 Moh. Yusuf , Retnadumila Saliha, Moh. Ikbal https://creativecommons.org/licenses/by/4.0
Law Enforcement Strategies of the Sragen Police in Combating Cybercrime Against Children
The rapid development of digital technology has fundamentally transformed patterns of crime against children, thereby necessitating more effective and adaptive prevention strategies by law enforcement agencies. This study is motivated by the increasing vulnerability of children to cyberspace-related crimes and the growing urgency for police institutions to utilize digital platforms as preventive instruments. The objective of this research is to empirically examine the implementation of child crime prevention through digital platforms by the Sragen Police Resort and to analyze the legal, institutional, social, and technological challenges encountered in its execution. This study employs an empirical legal research design with a sociological legal approach, utilizing interviews, observations, and document analysis as primary data collection techniques. The findings indicate that the Sragen Police Resort has implemented preventive measures through social media engagement, cyber patrols, and digitally based public outreach. However, the effectiveness of these initiatives remains constrained by limited digital forensic capacity, inadequate cross-sectoral coordination, and a high incidence of underreporting. This study concludes that strengthening regulatory frameworks, institutional capacity, and inter-agency synergy is a critical prerequisite for enhancing the effectiveness of child crime prevention.
Copyright (c) 2025 Viki Andi Prasetyo, Hanuring Ayu Ardhani Putri , Muhammad Aziz Zaelani https://creativecommons.org/licenses/by/4.0
Police Discretion in the Management of Public Demonstrations
Police discretionary authority constitutes a strategic legal instrument for maintaining public order, particularly in managing demonstrations with the potential to disrupt security. Nevertheless, the exercise of discretion may give rise to legal concerns if it is not carried out in accordance with the principles of legality, justice, and the protection of human rights. This study examines the implementation of discretionary authority by the Sragen Police within the framework of applicable laws and regulations and evaluates its conformity with the principles of justice, due process of law, and respect for human rights. Employing a normative–empirical legal methodology, this study adopts statutory, conceptual, and case-based approaches, supported by field data obtained through interviews and a review of relevant literature. The findings indicate that police discretion in Sragen has generally been exercised in a proportional and accountable manner, consistent with the prevailing legal framework and with an emphasis on preventive measures. The study concludes that police discretion functions effectively as an adaptive legal instrument insofar as it remains bounded by legal accountability and professional ethics.
Copyright (c) 2025 Supriyanto Supriyanto, Femmy Silaswati Faried, Firstnandiar Glica Aini Suniaprily https://creativecommons.org/licenses/by/4.0
Alcoholic Beverages Distribution in Indonesia
This study analyzes the legal provisions and practices surrounding the distribution of Alcoholic Beverages (Ciu) in Bekonang Village through empirical juridical analysis. The results show that although regulations such as Law No. 18 of 2012 concerning Food and Article 204 of the Criminal Code have established a normative legal framework, there is a wide gap with the reality on the ground (law in action). Ciu remains widely circulated because it has become integrated as a tradition and a source of community income, thus gaining strong social legitimacy. Repressive law enforcement faces complex dilemmas and obstacles due to socio-cultural and economic factors. Efforts by authorities tend to be incidental and fail to address the root of the problem. Therefore, a solely criminal law approach is deemed ineffective and unsustainable. This study concludes that a more comprehensive and integrative policy is needed. The solution lies in reinterpreting regulations that take into account the characteristics of traditional beverages, supported by socio-legal strategies such as health education, business development, and strengthened operational oversight by local governments. Ultimately, a sustainable solution must be able to reconcile formal legal certainty with local wisdom and community economic well-being.
Copyright (c) 2025 Genta Yuris Wicaksono https://creativecommons.org/licenses/by/4.0
The Implementation of Restorative Justice in the Resolution of Minor Criminal Offenses at the Sragen Police Department
This study aims to examine the implementation of restorative justice in the resolution of minor criminal cases at the Sragen Police Department. The research employs an empirical method using a case study design and a sociological approach that conceptualizes law not merely as a set of written norms but as a social phenomenon operating within society. Data were collected through observations, interviews, and a review of relevant literature focusing on the stages of restorative justice implementation and the factors hindering its effectiveness. The findings indicate that the restorative justice process begins with the submission of a formal request, followed by investigators’ assessment of case eligibility, a mediation process to achieve mutual agreement, and the formalization of the outcome through a written agreement between the parties. However, its implementation faces several obstacles, including limited institutional resources, insufficient understanding among law enforcement officers, disagreements among the parties involved, logistical and scheduling constraints, time limitations, and public perceptions of justice that generate skepticism toward restorative mechanisms. Accordingly, effective solutions are required. The Sragen Police Department should strengthen institutional commitment and regulatory frameworks to ensure that restorative justice is implemented effectively and develops into an embedded organizational culture.
Copyright (c) 2025 Ghulam Muhammad Abdi, Hanuring Ayu Ardhani Putri, Suparwi Suparwi https://creativecommons.org/licenses/by/4.0
A Legal Analysis of the Implementation of Law No. 22 of 2022 on Corrections
This study examines the implementation of Law No. 22 of 2022 on Corrections, focusing on inmate development at the Class IIA Sragen Correctional Institution. An empirical juridical method was employed using statutory and empirical approaches to assess the alignment between correctional legal norms and their practical application. Data were collected through interviews, observation, documentation, and literature review. The findings indicate that inmate development has been oriented toward social reintegration through personality and self-reliance programs. However, its implementation has not been optimal due to limitations in facilities and infrastructure, shortages of qualified personnel, overcrowding, limited community support, and ineffective administrative procedures. These findings demonstrate that inmate development has not yet been fully supported by an integrated correctional system. Accordingly, strengthening correctional policies is necessary through improving human resource capacity, enhancing facilities, simplifying administrative mechanisms, and reinforcing cross-sectoral collaboration to support effective social reintegration of inmates in accordance with the objectives of the correctional system.
Copyright (c) 2025 Supardi Supardi, Hanuring Ayu Ardhani Putri, Firstnandiar Glica Aini Suniaprily https://creativecommons.org/licenses/by/4.0
Administrative Control of Illegal Settlements on Former Cemetery Land in Surakarta
Illegal settlements in the former Bong Mojo cemetery area of Jebres, Surakarta, constitute a significant challenge to urban spatial planning. The construction of unauthorized buildings on land held under Right of Use (Hak Pakai) status reflects high housing demand, weak regulatory oversight, and insufficient enforcement of land law. This study examines the role of the Surakarta City Office of Housing, Settlement Areas, and Land Affairs in addressing the misuse of Hak Pakai land and identifies the institutional and practical obstacles encountered. Employing an empirical legal research design with a qualitative approach, data were collected through field observations, in-depth interviews, and document analysis. The findings indicate that the agency plays a strategic role in supervision, data management, law enforcement, and cross-sectoral coordination. However, implementation is constrained by limited institutional capacity, community resistance, complex land tenure arrangements, and low levels of regulatory compliance. High housing demand coupled with limited purchasing power further incentivizes illegal land use. This study underscores the need to strengthen spatial control policies, enhance inter-agency coordination, and expand access to affordable housing in order to promote orderly land use and ensure legal certainty in Surakarta.
Copyright (c) 2025 Dina Wahyu Pamungkasari, Femmy Silaswati Faried, Muhammad Aziz Zaelani https://creativecommons.org/licenses/by/4.0
Drawing the Line: Criminal Responsibility of In-House Legal Counsel
The criminal prosecution of in-house legal counsel in corporate cases has generated significant debate concerning the boundaries of criminal liability within the legal profession in Indonesia, particularly where legal opinions serve as the basis for corporate policy decisions. This study examines the legal limits of criminal liability for in-house legal counsel, evaluates the legal character of legal opinions in relation to the concept of deelneming, and critically analyzes the judicial reasoning in Decision Number 534/Pid.B/2024/PN Jakarta Selatan. Employing a normative legal research method with statutory, conceptual, and case-based approaches, this study finds that the criminal liability of in-house legal counsel is determined by causal contribution and substantive intent rather than by formal position alone. Legal opinions may give rise to criminal liability when they function as instruments of legitimacy for unlawful conduct. The study concludes that the decision adopts a functional approach to professional legal accountability and underscores the necessity of clear normative boundaries to prevent the excessive criminalization of in-house legal counsel.
Copyright (c) 2025 Febriyani Febriyani, Boedi Prasetyo https://creativecommons.org/licenses/by/4.0
Repositioning Gratification as an Ordinary Criminal Offense in Indonesia’s Criminal Law System: a Conceptual Analysis and Directions for Legal Reform
Gratification under the Indonesian Anti-Corruption Law (Undang-Undang Pemberantasan Tindak Pidana Korupsi) is classified as a special criminal offense characterized by a repressive approach, a broad legal definition, and the application of a reverse burden of proof. This regulatory framework raises normative concerns following the enactment of the 2023 National Criminal Code (Kitab Undang-Undang Hukum Pidana), which emphasizes the principles of legality, culpability, and proportionality in sentencing. This study aims to examine the legal construction of gratification, identify regulatory disharmony between the Anti-Corruption Law and the National Criminal Code, and assess the urgency of reformulating the legal status of gratification within the Indonesian criminal law system. Employing a normative juridical method with statutory, conceptual, and comparative approaches, the study finds a paradigmatic divergence and a heightened risk of overcriminalization resulting from the absence of a clearly defined mens rea element. The study concludes that reclassifying gratification as an ordinary criminal offense with differentiated sanctions is necessary to achieve a just, consistent, and effective criminal justice system.
Copyright (c) 2026 Alendra Alendra, Agus Irawan, Iin Pebrianto, Hendra Bustari, Salman Adrian https://creativecommons.org/licenses/by/4.0
Legal Implications and Sanction Enforcement for Violations of Employment Social Security Law
The right to Employment Social Security constitutes a concrete manifestation of human rights as guaranteed under Article 28H(3) of the 1945 Constitution. The state fulfills this mandate through the National Social Security System administered by the Social Security Agency (BPJS), with Article 15(1) of the BPJS Law requiring companies to register both themselves and their workers. However, numerous violations—ranging from the deprivation of workers’ rights in Solo related to BSU and JHT benefits to cases of maladministration and contribution embezzlement at PT WIN and CNN Indonesia—reveal a significant gap between normative provisions and actual implementation. This study examines the legal consequences faced by companies that fail to comply with Jamsostek membership obligations and evaluates the effectiveness of sanctions under Law No. 24 of 2011. Using a normative-juridical method, the study identifies three principal legal consequences: progressive administrative sanctions, the obligation to provide full benefits to affected workers, and criminal sanctions, including dual liability for corporations and their managers. Although the legal framework is comprehensive, its effectiveness remains low due to weak supervisory mechanisms and slow criminal enforcement.
Copyright (c) 2025 Sandra Dwi Putri Pahlawan, Rasji Rasji https://creativecommons.org/licenses/by/4.0