JILPR Journal Indonesia Law and Policy Review
Journal Indonesia Law and Policy Review (JILPR) eISSN 2715-498X Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of high-quality original research with conclusions representing a significant advance, novelty or new finding in the field; (2) Topical Reviews: written by leading researchers in their fields, these articles present the background to and overview of a particular field, and the current state of the art. Topical Reviews are normally invited by the Editorial Board; (3) Comments: comment or criticism on work previously published in the journal. These are usually published with an associated Reply. Journal Indonesia Law and Policy Review (JILPR) publishes three (February, June, October) issues per year, published by IPEST, International Peneliti Ekonomi, Sosial and Teknologi. Article must publish in English.
International Peneliti Ekonomi, Sosial dan Teknologi
CONFLICT OF NORMS IN IMPLEMENTING FINES FOR CURRENT THEFT ELECTRICITY IN THE INDONESIAN LEGAL SYSTEM BASED ON THE PERSPECTIVE OF JUSTICE
The purpose of this study is to analyze the legal provisions for the crime of electricity theft based on statutory regulations and to analyze the ideal concept of fines against companies committing electricity theft from a justice perspective. The method used is normative legal research. Based on the research results, it is known that the legal provisions for the crime of electricity theft based on statutory regulations are implemented through two mechanisms: an administrative or civil mechanism and a criminal mechanism. Administrative regulation is implemented through the Regulation of Electricity Usage (P2TL) which is based on Article 17 of the Regulation of the Minister of Energy and Mineral Resources Number 27 of 2017 as amended by the Regulation of the Minister of Energy and Mineral Resources Number 18 of 2019 and followed up through the Regulation of the Board of Directors of PT PLN (Persero) Number 028 of 2023 which has been ratified through the Decree of the Director General of Electricity Number 539.K / TL.04 / DJL.3 / 2023. In its implementation, PT PLN (Persero) has the authority to impose additional bills for violations of P1, P2, P3, and P4 as a form of recovery of losses due to unauthorized use of electricity. From a criminal aspect, the regulation of the crime of electricity theft is regulated in Article 51 paragraph (3) of Law Number 30 of 2009 concerning Electricity which stipulates that anyone who uses electricity that is not their right in an unlawful manner is threatened with a maximum prison sentence of seven years and a maximum fine of Rp. 2,500,000,000.00. The enforcement of this criminal law is carried out by the Indonesian National Police and Civil Servant Investigators (PPNS), while the authority to impose criminal penalties rests with the court. Thus, the administrative process through P2TL and the criminal process are two different mechanisms, but both can be applied simultaneously to one incident of electricity theft because they have different legal objectives, namely recovering losses and providing a deterrent effect on the perpetrator. The ideal concept of fine sanctions against companies that commit the crime of electricity theft from a justice perspective is that they should no longer use the maximum fine criminal system as regulated in Article 51 paragraph (3) of Law Number 30 of 2009 concerning Electricity. These provisions do not fully reflect the principle of justice because they do not differentiate between the amount of electricity used illegally, the amount of losses incurred, the profits obtained by the perpetrator, or the perpetrator's status as a household or business customer. Therefore, the ideal criminal fine regulation should be formulated based on the classification of the amount of electricity used, the amount of losses experienced by PT PLN (Persero), the amount of profit obtained by the perpetrator, and the level of culpability. Therefore,companies that illegally use large amounts of electricity and generate substantial profits may be subject to heavier fines than perpetrators with less serious violations.
Copyright (c) 2026 Buyung Ganti, Yusuf Daeng, Rudi Pardede https://creativecommons.org/licenses/by-sa/4.0
CRIMINAL RESPONSIBILITY OF PERPETRATORS OF ASSAULT DUE TO SOCIAL CONFLICT IN KAMPAR REGENCY
The purpose of this study is to analyze the criminal liability of perpetrators of assault due to social conflict in Kampar Regency, to analyze the obstacles to criminal liability of perpetrators of assault due to social conflict in Kampar Regency, and to analyze efforts to overcome these obstacles. The method used is sociological legal research. Based on the research results, it is known that Criminal Liability of Perpetrators of Assault Due to Social Conflict in Kampar Regency can be imposed as long as it can be proven that there was an unlawful act and the perpetrator was at fault. However, in practice, proving the element of fault becomes more complex because the incident occurred on a mass scale and was influenced by the conflict situation. Criminal accountability fundamentally adheres to the basic principles of criminal law, namely the existence of fault, the capacity to take responsibility, and the absence of justification or excuse. In the context of Law Number 1 of 2023 concerning the National Criminal Code, assault remains a criminal act for which individual responsibility must be met, even when occurring in situations of social conflict involving many people. Various obstacles exist in the criminal accountability process, including the difficulty of obtaining evidence and the lack of witnesses, the strong culture of family resolution in society, the limited number of law enforcement personnel, and the influence of mass emotions and group solidarity. These obstacles prevent the law enforcement process from always being effective and optimal. Efforts to overcome these obstacles require various measures, such as strengthening the evidentiary system and witness protection, optimizing the selective application of restorative justice, increasing the capacity of law enforcement officers, and increasing public education and legal awareness. These efforts are expected to strengthen the effectiveness of law enforcement and create a balance between justice, legal certainty, and expediency.
Copyright (c) 2026 Boby Putra Ramadhan Sebayang, Irawan Harahap, Miftahul Haq https://creativecommons.org/licenses/by-sa/4.0
TRANSFORMATION OF CRIME COMBAT IN THE DIGITAL ERA: FROM CONVENTIONAL CRIMINAL LAW TO DATA-BASED PREDICTIVE SYSTEMS
The development of digital technology has brought significant changes to crime patterns, which are increasingly complex, rapid, and data-driven. This situation demands a transformation in the crime prevention system, which no longer relies solely on conventional, reactive criminal law approaches, but also moves towards data-driven, preventative and predictive approaches. This study aims to analyze the paradigm shift in crime prevention from conventional models to data-driven predictive systems from a criminal law perspective. The research method used is normative juridical with a statutory and conceptual approach. The results show that the conventional criminal law system has limitations in responding to the dynamic nature of digital crime, so the integration of technologies such as big data and artificial intelligence is necessary to support early detection and crime prevention. However, the implementation of predictive systems must still adhere to the principles of legality, legal certainty, and protection of human rights to avoid abuse of authority and algorithmic bias. Thus, the transformation of crime prevention in the digital era is an urgent need to create a criminal justice system that is more effective, adaptive, and responsive to technological developments.
Copyright (c) 2026 Tatang Sholahudin, A. Hendro Yulianto, Hartanto https://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION EFFORTS FOR WIVES' RIGHTS TO JOINT PROPERTY IN POLYGAMOUS MARRIAGES IN POSITIVE LAW IN INDONESIA
Polygamous marriage continues to constitute a complex legal issue both in theoretical discourse and in legal practice. This article examines disputes concerning joint marital property in polygamous marriages and explores the legal remedies available to wives in order to ensure the protection of their rights. The study employs a normative juridical research method using statutory and case approaches. The findings reveal that the existing positive legal framework governing wives’ rights over joint marital property in polygamous marriages has not yet fully provided adequate legal protection. Legal protection for wives’ rights relating to joint marital property in polygamous marriages may be realized through both preventive and repressive legal measures. One form of preventive legal protection contained in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law has not yet ensured justice and legal certainty with respect to the protection of wives’ rights over joint marital property in polygamous marriages. Further provisions concerning this matter are found in the Compilation of Islamic Law, which stipulates that joint marital property in polygamous marriages is separate and independent for each marital relationship. Another preventive effort that may be undertaken by the parties is the establishment of a prenuptial agreement concerning the separation of joint property prior to entering into a polygamous marriage. Meanwhile, repressive legal protection serves as a legal remedy in the event of disputes through litigation before the court, mediation, settlement deeds, or judicial decisions.
Copyright (c) 2026 Ahmad Baihaki, Dwi Atmoko https://creativecommons.org/licenses/by-sa/4.0
RECONSTRUCTING MOBILE BRIGADE AUTHORITY IN LAW ENFORCEMENT OPERATIONS WITHIN ARMED CRIMINAL GROUP CONFLICT AREAS BASED ON LEGALITY AND HUMAN RIGHTS
The purpose of this study is to analyze the reconstruction of the authority of the Indonesian National Police Mobile Brigade in law enforcement operations in conflict-prone areas affected by armed criminal groups based on the principles of legality and human rights. The authority and assignment mechanisms of the Indonesian National Police Mobile Brigade Corps in efforts to restore regional security against armed criminal groups in conflict areas are analyzed. The method used is normative legal research. Based on the research results, it is known that the reconstruction of the authority of the Indonesian National Police Mobile Brigade in law enforcement operations in areas prone to armed criminal group conflicts based on the principles of legality and human rights is basically derived from the attribution authority granted by Law Number 2 of 2002 concerning the Indonesian National Police, specifically Article 13 and Article 14 which regulate the task of maintaining public security and order and law enforcement. However, these regulations are still general in nature and have not specifically regulated the authority of Brimob in dealing with armed criminal groups that have the characteristics of high-intensity threats, use modern weaponry, and apply guerrilla patterns that resemble non-international armed conflicts. This research found a legal vacuum and normative inconsistency that specifically regulates the definition of armed criminal groups, threat classification, limits of Brimob's authority, mechanisms for TNI involvement, operational command structures, standards for the use of force, and mechanisms for protecting human rights in security operations in conflict areas. Therefore, the reconstruction of Brimob's authority must be carried out through the creation of special regulations that place Brimob as the leading sector in law enforcement operations, clarify the TNI assistance mechanism, strengthen the principle of legality, and integrate human rights protection standards based on the principles of legality, necessity, proportionality, and accountability.
Copyright (c) 2026 Amir Hasan A, Yusuf Daeng, Rudi Pardede https://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION FOR HEIRS OF DIGITAL ASSETS IN INDONESIA'S SPECIAL INHERITANCE REGULATIONS
The rapid development of information and communication technology has led to the emergence of various forms of digital assets with economic value, including social media accounts, cryptocurrency wallets, blockchain-based digital assets, digital banking accounts, and other electronic data. However, the inheritance of digital assets has not yet been specifically and comprehensively regulated within the Indonesian inheritance law system. This situation creates legal uncertainty for heirs in exercising their rights over the digital assets left by the deceased. This study aims to analyze the legal framework governing digital asset inheritance in Indonesia and to examine the forms of legal protection available to heirs regarding digital assets left by the predecessor. The research employs a normative legal research method using statutory, conceptual, and comparative approaches. Data were collected through library research involving legislation, legal literature, and other legal documents related to digital assets and inheritance law. The findings indicate that regulations concerning digital asset inheritance in Indonesia remain fragmented and have not provided adequate legal certainty for heirs. Legal protection for heirs of digital assets can be achieved through the recognition of digital assets as inheritable property, the establishment of specific regulations governing digital asset inheritance, and the provision of clear mechanisms for access and transfer of rights to heirs. Therefore, reform of inheritance law that is responsive to technological developments is necessary to ensure legal certainty, justice, and legal protection for heirs of digital assets in Indonesia.
Copyright (c) 2026 Angelin Lonata A, Ardiansah, Silm Oktapani https://creativecommons.org/licenses/by-sa/4.0
ANALYSIS OF THE PROSECUTOR'S WIREBREAKING AUTHORITY IN HANDLING TERRORISM CRIMES
This study analyzes the Attorney General's authority to wiretap in handling terrorism crimes from the perspective of the principle of justice in the Pancasila rule of law and its implications for the protection of human rights. Wiretapping is an exceptional and intrusive law enforcement instrument because it limits the right to privacy and confidentiality of communications. Therefore, its implementation must be based on clear authority, strict legal procedures, and effective oversight mechanisms. This study uses a normative legal research method with a statutory, conceptual, and analytical approach. The analysis was conducted on the Attorney General's Law, the Law on the Eradication of Terrorism Crimes, the new Criminal Procedure Code, and human rights protection instruments. The analytical framework uses the Pancasila rule of law theory, the theory of authority, and the theory of the right to privacy. The results of the study indicate that the Indonesian legal system positions wiretapping as a coercive measure that can only be carried out by institutions that have express authority from the law. The Attorney General's law enforcement intelligence authority does not explicitly include wiretapping authority. In the practice of counterterrorism, the Attorney General's Office plays more of a role as a user of wiretapping results. This lack of clarity in regulations has the potential to create legal uncertainty and the risk of human rights violations. Therefore, regulatory clarification and harmonization are needed to ensure that wiretapping authority aligns with the principles of justice, the Pancasila state based on law, and the protection of human rights.
Copyright (c) 2026 Kadek Sudhi Asthawa, Sujono, Rizky Pratama Putra Karo Karo https://creativecommons.org/licenses/by-sa/4.0
APPLICATION OF THE PRINCIPLE OF EQUALITY BEFORE THE LAW IN THE CASE AMMAR ZONI'S NARCOTICS CRIME
This study aims to analyze the regulation and implementation of the principle of equality before the law within the Indonesian legal system, particularly in the enforcement of narcotics crime involving Ammar Zoni based on the Decision of the Central Jakarta District Court Number 632/Pid.Sus/2025/PN.Jkt.Pst. The principle of equality before the law is a fundamental concept in a rule of law state, which affirms that every individual has equal standing before the law without any form of discriminatory treatment. This research uses normative legal research methods with a statutory approach and a case approach. The data used in this study are secondary data consisting of primary, secondary, and tertiary legal materials obtained through library research. The data were analyzed qualitatively by interpreting and systematically examining relevant legal materials. The results of the study show that normatively the principle of equality before the law has been clearly regulated in the Indonesian legal system, particularly in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia as well as various statutory regulations governing the criminal justice system, including Law Number 35 of 2009 concerning Narcotics. In its application to the case involving Ammar Zoni, the legal process was carried out through the general criminal justice mechanism without any special treatment toward the defendant as a public figure. The panel of judges based their decision on valid evidence presented in court and the applicable legal provisions. Thus, procedurally, the principle of equality before the law in this case has been implemented through an objective judicial process based on the facts revealed during the trial.
Copyright (c) 2026 Elsa Efritha Wijaya, Diding Rahmat, Sudarto https://creativecommons.org/licenses/by-sa/4.0
STANDARD AGREEMENTS IN PROVIDING CREDIT BY BANKS TO CUSTOMERS AS SEEN FROM A CIVIL LAW PERSPECTIVE
The banking sector in Indonesia plays a highly strategic role in the economy. Economic activity is a series of diverse legal acts. One of the most prominent forms of economic activity occurring in banking is the agreement between the customer as a consumer and the bank. Credit is currently in high demand among people with varying motives and consumption needs. Driven by increasingly pressing economic pressures, credit is an alternative way to obtain capital or funds needed for various community needs. Credit agreements granted by banks to customers are not without risk, as any risk may occur. The most common risk is the risk of failure or default in bank loan repayment. A new loan can only be issued after a written agreement has been reached between the debtor and the creditor, with the creditor acting as the lender and the debtor as the recipient of the loan. This written agreement is contained in a standard credit agreement. The credit agreement outlines the terms and procedures for applying for a loan with collateral and the obstacles in implementing the loan agreement. This research is an applied normative research with a descriptive approach. The problem-solving approach used is a normative juridical approach. The data used are primary and secondary data, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. In summary, a standard bank agreement is valid as long as it does not violate the law and maintains a balance between the rights and obligations of customers. The basis for this standard agreement is Article 1320 of the Civil Code.
Copyright (c) 2026 Endang Hadrian, Dwi Atmoko, Jantarda Mauli Hutagalung https://creativecommons.org/licenses/by-sa/4.0
ANALYSIS OF DISPARITY IN JURISPRUDENCE OF SUPREME COURT DECISIONS REGARDING ARTICLE 26 INCOME TAX RATE FOR PKP2B HOLDERS
This study aims to analyze the pattern of conflict or inconsistency in the Supreme Court’s jurisprudence regarding the determination of Article 26 Income Tax (PPh) rates for holders of Coal Mining Business Work Agreements (PKP2B). The main focus of this study is to collect forms of disparity in legal considerations (decision ratios) of Supreme Court judges in deciding Judicial Review (PK) cases that are released on conflicts of contract law regimes, domestic tax law, and international law. The research method used is normative legal research (normative juridical) using a statutory regulatory approach (statutory approach), a case approach (case approach), a contextual approach (conceptual approach), and a comparative approach (comparative approach). Data were collected through a literature review method to trace primary legal materials in the form of court decisions and laws, as well as secondary and tertiary legal materials, which were then analyzed qualitatively with deductive reasoning. The results of the study indicate that the pattern of jurisprudential disparity is divided into two opposing tendencies: first, a contractual approach that prioritizes the principle of lex specialis derogat legi generali to protect fiscal stabilization clauses in PKP2B; and second, a public law approach based on the principle of lex posterior derogat legi priori which emphasizes that tax law is coercive. This disparity is further complicated by considerations based on the principle of pacta sunt servanda which prioritizes the supremacy of Double Taxation Avoidance Agreements (P3B). This study concludes that the clash of legal paradigms, coupled with the less-than-optimal nomophilia function of the Supreme Court, has created legal activists who have the potential to undermine global investor confidence and prolong horizontal tax conflicts. Comprehensive harmonization of the intersection of norms governing this strategic sector is urgently needed.
Copyright (c) 2026 Agus Susetyo, Appe Hutauruk, Hotman Sinambela, Fendi Maruba Parlindungan Hutahaean https://creativecommons.org/licenses/by-sa/4.0
DEBTOR'S DEFAULT AND BANK RAKYAT INDONESIA CREDIT GUARANTEE AUCTION PROCEDURE
The purpose of this study is to analyze the definition and classification of debtor default in BRI credit agreements based on Decision No. 397/Pdt.G/2025/PN Jkt.Pst and to analyze the BRI credit guarantee auction procedure and its implications for debtor protection based on Decision No. 397/Pdt.G/2025/PN Jkt.Pst. This study uses a normative juridical method with a statutory approach and a case approach, based on secondary data in the form of laws and regulations, court decisions, and doctrines. The results of the study indicate that the debtor CV. SAMIJAYA is normatively in a state of default due to prolonged payment arrears so that it cannot be qualified as force majeure; Thus, BRI as the holder of the mortgage has a legal basis to carry out the execution of the guarantee as long as the procedure is in accordance with the provisions, the credit guarantee auction procedure through the KPKNL which is based on the mortgage certificate and the Minister of Finance Regulation Number 122 of 2023 without the involvement of the fiat of the Head of the District Court and by setting a limit value that is far below the market price, it creates problems with the hierarchy of norms and has the potential to cause excessive losses to debtors, so that the practice of parate execution needs to be aligned with the HIR/RBg, the principle of legal certainty, and the principle of consumer protection for financial services.
Copyright (c) 2026 Saifudin Wahid, Appe Hutauruk, Hotman Sinambela, Fendi Maruba Parlindungan Hutahaean https://creativecommons.org/licenses/by-sa/4.0
CRIMINAL RESPONSIBILITY OF INDONESIAN NATIONAL ARMED FORCES MEMBERS IN CYBER CRIME
The development of digital technology and the expansion of cyberspace have presented stra-tegic opportunities for the nation, but have also opened up the potential for new and increas-ingly complex crimes, including cybercrimes involving members of the Indonesian National Armed Forces (TNI). As part of the national defense apparatus, TNI soldiers are subject to the national legal system when committing electronic-based unlawful acts. This study aims to examine the legal provisions for cybercrimes in the laws and regulations applicable to TNI members and to analyze the forms of criminal liability for soldiers committing digital crimes. The method used is normative juridical research with a statute approach and a case approach through a review of relevant laws and regulations, legal doctrines, and court decisions. The results of the study indicate that the regulation of cybercrime for TNI members is basically based on the ITE Law (Law 11/2008 jo. Law 19/2016 jo. Law 1/2024), the New Criminal Code (Law 1/2023), the Criminal Code, the Military Court Law 31/1997, and the Military Discipline Law 25/2014. However, until now there has been no norm that specifically regulates cyber-military offenses so that the potential for overlapping jurisdictions is still found, especially in the application of lex specialis KUHPM and lex generalis ITE Law. Forms of criminal liability for TNI members include individual liability, command liability, and disciplinary liability if the act does not fulfill the elements of a crime. The phenomenon of spreading hoaxes by soldiers and involvement in online gambling shows that the handling of cyber violations is still dominated by disciplinary sanctions, not criminalization. This study concludes that the lack of cyber norms within the military legal framework requires more comprehensive regulatory reform, including revising the Criminal Code (KUHPPM), aligning the ITE Law with the military justice system, and developing technical guidelines for digital evidence for soldiers involved in cybercrimes. Strengthening digital literacy, establishing data security SOPs, and clarifying jurisdictional boundaries are necessary to ensure law enforcement is fair, consistent, and in line with the principles of TNI professionalism.
Copyright (c) 2026 Fera Kusumawati, Supri Abu, Diding Rahmat https://creativecommons.org/licenses/by-sa/4.0
INHERITANCE RIGHTS OF CHILDREN UNDER WEDDING ACCORDING TO THE CIVIL CODE AND ITS IMPLICATIONS IN JUDICIAL PRACTICE
This study discusses the inheritance rights of children born out of wedlock according to civil law and its implications in judicial practice. Under the Civil Code, children born out of wedlock only have a civil legal relationship with their mother and her family, while their inheritance rights to their biological father are very limited and can only be obtained if there is a valid acknowledgment. The distribution of inheritance for children born out of wedlock is also regulated differently from legitimate children, with a smaller proportion depending on the class of heirs inheriting simultaneously. However, Constitutional Court Decision No. 46/PUU-VIII/2010 expands the legal understanding by stating that children born out of wedlock may have a civil relationship with their biological father as long as it can be proven through science and technology or other evidence deemed valid under the law. This decision provides a legal basis for children born out of wedlock to access civil rights, including inheritance rights, in a more fair and equitable manner. This study shows that although there has been progress in recognizing the rights of children born out of wedlock, there are still normative and practical obstacles in its implementation, especially at the community and legal institution levels. Therefore, regulatory updates, legal awareness campaigns, and strengthening of evidence mechanisms and legal protection are needed to ensure that the principles of justice and non-discrimination toward children born out of wedlock are effectively realized within Indonesia's legal system.
Copyright (c) 2026 Arihadi Satriadi, Happy Lumban Gaol https://creativecommons.org/licenses/by-sa/4.0
PROTECTION OF VICTIMS OF GENDER-BASED VIOLENCE
This research examines the protection of victims of gender-based violence under Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS). Gender-based violence constitutes a serious violation of human rights that causes significant physical, psychological, social, and economic impacts on victims. Although the Indonesian government has enacted the TPKS Law as a legal framework to address sexual violence, the implementation of victim protection still encounters various challenges within the criminal justice system. The objectives of this research are to analyze the concept of victim protection for gender-based violence under the TPKS Law and to examine the obstacles in determining victim protection as well as their implications for the fulfillment of victims' rights. This research employs a normative legal research method using a statutory approach and a conceptual approach. The analysis is conducted using victimology theory, punishment theory, and criminal justice system theory. The results of this study indicate that the TPKS Law provides a more comprehensive legal framework for victim protection through the recognition of victims' rights to handling, protection, and recovery, including the right to restitution and integrated recovery services. However, the implementation of victim protection still faces several obstacles, including the limited availability of implementing regulations, lack of victim-oriented perspectives among law enforcement officers, inadequate victim recovery facilities, and persistent social stigma and victim blaming within society. Therefore, strengthening the implementation of the TPKS Law through improved capacity of law enforcement officials, enhancement of victim protection services, and transformation of societal perspectives is essential to ensure effective protection for victims of gender-based violence.
Copyright (c) 2026 Phrianindya Ayu Setyaningsih, Lidia Rina Dyahtaryani, Sudarto Rahmat https://creativecommons.org/licenses/by-sa/4.0
ANALYSIS OF THE POLICY ON RESTRICTIONS ON REMISSIONS FOR CORRUPTION CRIMINAL OFFENDERS
This study aims to analyze the policy of limiting remissions for corruption convicts in the Indonesian legal system, particularly regarding the consistency between the rehabilitative objectives of the correctional system and the special treatment of corruption as an extraordinary crime. The main focus of this study is to evaluate whether the tightening of remission requirements in Government Regulation Number 99 of 2012 is in line with the principles stipulated in Law Number 12 of 1995 concerning Corrections. The research method used is normative juridical with a statutory approach (statute-government-regulation approach) and a conceptual approach (conceptual-government-regulation approach). Data were collected through a literature review of primary, secondary, and tertiary legal materials, including an analysis of Sahardjo’s correctional theory and Romli Atmasasmita’s extraordinary crime theory. The results show that limiting remissions for corruptors through additional requirements such as justice collaborator status and payment of compensation reflects a differentiated dimension in criminal policy to strengthen the deterrent effect. However, legally, this policy creates a tension between norms and the rights of prisoners guaranteed by the Corrections Law, which prioritizes rehabilitation. The implementation of this policy represents the state’s effort to uphold substantive justice for the wider community due to the impact of systemic corruption. This study concludes that although corruption requires extraordinary measures, the policy of limiting remissions must maintain a balance between the deterrent aspect and the primary goal of corrections, namely social reintegration. Regulatory harmonization is needed so that special treatment for corruptors does not negate the basic human rights of inmates.
Copyright (c) 2026 Andri Kurnia, Muh. Amin Saleh, Muhenri Sihotang, Appe Hutauruk https://creativecommons.org/licenses/by-sa/4.0
IMPLEMENTATION OF ABSOLUTE LIABILITY IN ENVIRONMENTAL DISPUTE RESOLUTION IN THE PROTECTION AND MANAGEMENT FRAMEWORK IN INDONESIA
In forest and land fire cases, the focus of evidence is not solely directed at the perpetrator's intent or fault, but rather on the link between business activities and the occurrence of environmental damage that results in ecological and social losses. The purpose of this study is to analyze the regulations for resolving environmental disputes in Indonesia and to analyze the application of strict liability in resolving environmental disputes within the framework of protection and management in Indonesia. Based on the results of the study, it is known that the regulation of environmental dispute resolution in Indonesia has been comprehensively regulated in Law Number 32 of 2009 concerning Environmental Protection and Management through settlement mechanisms outside the courts (non-litigation) and through the courts (litigation). These regulations aim to provide legal protection to communities harmed by environmental pollution and/or damage and ensure the restoration of environmental functions. In addition to regulating individual lawsuits, the UUPPLH also recognizes class action lawsuits, the right to sue environmental organizations (legal standing), and the right to sue the government as instruments for enforcing environmental law oriented towards sustainable environmental protection. The application of strict liability in environmental dispute resolution strengthens environmental legal protection as specified in Article 88 of the Environmental Management Law (UUPPLH). This principle exempts victims from the obligation to prove fault on the part of the business actor and only requires the existence of losses and a link between the activity and the resulting environmental impact. The application of strict liability reflects the implementation of the polluter pays principle and the precautionary principle in Indonesian environmental law, thereby increasing the effectiveness of law enforcement and encouraging business actors to be more responsible in environmental management.
Copyright (c) 2026 Sonny Magranta Silaban, Anna Juliarti, Irawan Harahap https://creativecommons.org/licenses/by-sa/4.0
EFFECTIVENESS OF CHILD PROTECTION IMPLEMENTATION IN HANDLING SEXUAL EXPLOITATION IN INDONESIA
Child sexual exploitation is a form of human rights violation that has serious impacts on children’s physical, mental, and social development. Although the government has enacted Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection as the primary legal instrument for protecting children, the practice of child sexual exploitation continues to show alarming figures. This study uses a normative legal research method with a statute approach, a conceptual approach, and a case approach. The data used are primary legal materials, secondary legal materials, and tertiary legal materials obtained through literature studies. All legal materials are analyzed qualitatively using descriptive-analytical methods to obtain an overview of the conformity between legal provisions and their application in practice. The results of the study indicate that Law Number 35 of 2014 has regulated legal protection for child victims of sexual exploitation comprehensively through provisions regarding prevention, special protection, the imposition of criminal sanctions on perpetrators, and the restoration of victims’ rights. However, its implementation has not been running optimally because there are still various obstacles, including limited coordination between agencies, low capacity of law enforcement officers, lack of courage among victims to report, and minimal rehabilitation facilities and psychosocial support.
Copyright (c) 2026 Muhammad Nasir, Appe Hutauruk, Hotman Sinambela, Fendi Maruba Parlindungan Hutahaean https://creativecommons.org/licenses/by-sa/4.0
THE EFFECTIVENESS OF CRIMINAL SANCTIONS FOR DRUGS USERS IN REALIZING REHABILITATION GOALS
Drug abuse is a serious problem with broad impacts on health, social aspects, and the criminal justice system in Indonesia. Law Number 35 of 2009 concerning Narcotics regu-lates criminal sanctions for drug users by placing medical and social rehabilitation as an important part of the drug abuse prevention policy. However, in law enforcement practice, the application of criminal sanctions against drug users is still dominated by im-prisonment, thus raising questions about its effectiveness in achieving rehabilitation goals. This study aims to analyze the effectiveness of the application of criminal sanctions against drug users in achieving rehabilitation goals under the Indonesian criminal law system, and to identify factors that influence its effectiveness. The research method used is normative legal research with a statutory, conceptual, and case approach. The analysis was conducted qualitatively through a review of laws and regulations, legal doctrine, and court decisions related to the punishment and rehabilitation of drug users. The results of the study indicate that the application of criminal sanctions against drug users is not fully effective in achieving rehabilitation goals. This is influenced by the persistently repressive paradigm of criminal justice, limited rehabilitation facilities and infrastructure, and suboptimal official understanding and coordination among law enforcement. Furthermore, legal culture and public perception of drug users also influence the direction of criminal punishment. Therefore, strengthening rehabilitative-oriented criminal justice policies, integrating the criminal justice system, and shifting the law enforcement paradigm are necessary so that criminal sanctions truly function as an instrument of recovery and community protection.
Copyright (c) 2026 Fatimah Zahro Rizqiyah, Selamat Lumban Gaol, Sudarto https://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION FOR CHILD VICTIMS OF VIOLENCE THROUGH LPSK IN THE CRIMINAL JUSTICE SYSTEM
The protection of children who are victims of violence is a constitutional obligation of the state as specified in Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the practice of the criminal justice system, child victims often experience multiple vulnerabilities such as intimidation, repeated trauma (revictimization), social stigma, and the lack of fulfillment of their rights to recovery and restitution. In this context, the Witness and Victim Protection Agency (LPSK) as an independent state institution plays a strategic role in ensuring the protection and fulfillment of the rights of child victims, as regulated in Law Number 31 of 2014 concerning the Protection of Witnesses and Victims and Government Regulation Number 43 of 2017 concerning the implementation of restitution for children who become victims of criminal acts. This research employs a normative legal research method using statutory, conceptual, and case approaches. The data consists of primary, secondary, and tertiary legal materials analyzed through qualitative juridical analysis. The study aims to examine the forms of legal protection provided by LPSK for child victims of violence within the criminal justice system and to identify obstacles in its implementation. The results show that LPSK provides protection including physical and psychological protection, legal assistance during judicial processes, medical support, psychological and psychosocial rehabilitation, and facilitation of restitution and compensation rights. However, several challenges remain, including weak restitution enforcement mechanisms, limited institutional resources, inadequate child-friendly facilities, suboptimal coordination among law enforcement agencies, and persistent victim-blaming attitudes within society.
Copyright (c) 2026 Yola Iskandar, Bambang Widarto, Rizky Pratama Putra Karo Karo https://creativecommons.org/licenses/by-sa/4.0
THE CONFLICT OF INTERFAITH MARRIAGE NORMS IN INDONESIA BETWEEN LEGAL CERTAINTY AND RESTRICTIONS ON CONSTITUTIONAL RIGHTS
Interfaith marriage in Indonesia represents a complex legal issue situated at the intersection of religious norms, state law, and human rights. This study aims to analyze the normative conflict between Article 2 paragraph (1) of Law No. 1 of 1974 on Marriage and Supreme Court Circular Letter No. 2 of 2023, as well as its implications for constitutional rights. Using a normative juridical method, the study finds that the Constitutional Court consistently upholds a religious-centric approach, while SEMA No. 2/2023 strengthens legal certainty in judicial practice. However, both instruments raise concerns regarding limitations on citizens' rights. Therefore, legal harmonization is necessary to balance legal certainty and constitutional protection.
Copyright (c) 2026 Septina Rahmi Kinasih, Noviriska https://creativecommons.org/licenses/by-sa/4.0
PROBLEMS OF PROVIDING AND LEGALITY OF EVIDENCE IN THE CRIMINAL ACTS OF TRAFFICKING NARCOTICS CLASS I NON-PLANT
The crime of trafficking in Class I narcotics, not plants, is an extraordinary crime and poses significant obstacles for law enforcement officials in the criminal evidence process. This study aims to examine and analyze the evidentiary process and the legality of evidence in this crime, as well as to identify strategies to improve investigators’ skills in collecting and analyzing evidence to address the dynamics of illicit drug trafficking networks. The research method used is a normative method with a legislative and conceptual approach. The legal sources used include primary legal materials in the form of narcotics-related legislation and criminal procedure law, as well as secondary legal materials in the form of scientific literature and books. The data obtained were analyzed descriptively and qualitatively to produce systematic conclusions. The results show that the evidentiary system for trafficking in Class I narcotics, not plants, combines the general provisions of the Criminal Procedure Code (the negative wettelijk principle) with the special provisions (lex specialis) of Law Number 35 of 2009. This regulation broadens the scope of evidence by recognizing electronic information and documents as valid indicative evidence. In addition, to overcome the dynamic modus operandi, investigators’ skills must be improved through mastery of digital forensics, strengthening cross-institutional cooperation (National Police, National Narcotics Agency, Prosecutor’s Office, Forensic Laboratory), and optimizing special investigative techniques such as wiretapping, undercover buying, and controlled delivery so that the fulfillment of a minimum of two valid pieces of evidence that guarantee legal certainty, justice, and the protection of human rights can be realized.
Copyright (c) 2026 Aswin Suwardi, Appe Hutauruk, Hotman Sinambela, Fendi Maruba Parlindungan Hutahaean https://creativecommons.org/licenses/by-sa/4.0
LEGAL ANALYSIS OF THE PRINCIPLE OF FREEDOM OF CONTRACT TOWARDS LEGAL CERTAINTY AND JUSTICE IN AN AGREEMENT
This study aims to analyze the implementation of the principle of freedom of contract in Indonesian positive law and its implications for legal certainty and justice for the parties in an agreement. The main focus of this study is directed at how to balance individual autonomy (party autonomy) with legal protection for parties with weaker bargaining power, especially in the use of standard contracts. The research method used is normative juridical with a statute approach and a conceptual approach. Data were collected through a literature study of primary legal materials such as the Civil Code and relevant secondary and tertiary legal materials. The results of the study indicate that the implementation of the principle of freedom of contract as regulated in Article 1338 paragraph (1) of the Civil Code has provided legal certainty through the principle of pacta sunt servanda. However, in practice, this legal certainty is often formalistic and tends to benefit parties who are economically and informationally dominant. Substantive justice is often neglected when freedom of contract is used as an instrument of exploitation through disproportionate exoneration clauses. This study concludes that freedom of contract is not absolute, but must be limited by the principles of good faith, propriety, and public order in order to create a balance of rights and obligations that is just for all parties.
Copyright (c) 2026 Tumpal Haojahan Sihombing, Muh Amin Saleh, Muhenri Sihotang, Appe Hutauruk https://creativecommons.org/licenses/by-sa/4.0
VIOLENCE AS A FORMAL AND MATERIAL CRIME IN THE KUHP AND THE TPKS LAW: A COMPARATIVE CONCEPTUAL STUDY
Regulations on violence as a material offense in the Criminal Code (KUHP) and as a formal offense in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS), with a focus on conceptual differences and their implications for criminal law enforcement in Indonesia. Violence in criminal law is not only related to the use of physical force, but also includes non-physical acts that attack the human dignity, personal freedom, and bodily au-tonomy of victims, particularly in the context of sexual violence. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a comparative approach. The legal materials used include legislation, criminal law doctrine, and relevant literature. The analysis was conducted qualitatively by assessing the structure of the offense, protected legal interests, and evidentiary implications in each regulation. The results show that the Criminal Code predominantly formulates violence as a material offense that requires physical consequences and a causal relationship between the act and the consequences. This approach provides legal certainty, but has limitations in covering non-physical forms of vio-lence and sexual violence based on power relations. In contrast, the TPKS Law uses a formal crime approach that emphasizes the perpetrator's actions and the context of their relationship with the victim, without requiring any specific physical consequences. This approach strengthens victim protection and facilitates evidence in criminal justice practice. This study concludes that the differences in the regulation of violence as a material crime and a formal crime reflect a paradigm shift in Indonesian criminal law toward a more victim-oriented ap-proach. The Criminal Code and the TPKS Law complement each other within the national criminal law system and require proportional understanding in their application by law en-forcement officials.
Copyright (c) 2026 Jenri Ranteallo, Rizky Pratama Putra Karo Karo, Diding Rahmat https://creativecommons.org/licenses/by-sa/4.0
LEGAL ANALYSIS OF THE IMPLEMENTATION OF RESTORATIVE JUSTICE TOWARDS CORPORATE RESPONSIBILITY IN THE CONTEXT OF ENVIRONMENTAL RESTORATION
This study discusses the legal analysis of the application of restorative justice to corporate accountability in the context of environmental restoration. Environmental violations committed by corporations generally have a widespread and serious impact on ecosystems and the lives of surrounding communities. In national regulations, environmental law enforcement can be carried out through administrative, civil, and criminal channels. One key point is that corporations, as legal entities, can be held criminally liable if proven to have caused environmental pollution or damage. However, the imposition of sanctions on corporations still faces various challenges, such as weak enforcement, interference from vested interests, and a lack of concrete restoration for the environment and affected communities. In line with this, the restorative justice approach has begun to gain attention as an alternative in resolving environmental disputes. This approach emphasizes restoring environmental conditions and fulfilling the rights of affected communities, rather than merely punishing the perpetrators. In the context of Law no. 32 of 2009, restorative justice is reflected in out-of-court dispute resolution mechanisms, mediation, and ecological restoration. However, the lack of strong technical and institutional guidelines limits its implementation. Therefore, there is a need to strengthen regulations and the commitment of law enforcement officials to apply restorative justice more effectively in order to create environmental law enforcement that is not only repressive but also solution-oriented and sustainable.
Copyright (c) 2026 Dadang Wahyudin, Diding Rahmat, Ardison Asri https://creativecommons.org/licenses/by-sa/4.0
ANALYSIS OF THE ROLE OF THE POLICE IN LAW ENFORCEMENT AGAINST TERRORISM CRIMINAL ACTS
Terrorism is an extraordinary crime that threatens national security, public safety, and the rule of law. The Poso region in Central Sulawesi has long been exposed to terrorist activities, particularly by the East Indonesia Mujahideen (MIT) group. In addressing this threat, the Indonesian National Police (Polri), through the Special Detachment 88 Anti-Terrorism Unit (Densus 88 AT), plays a crucial role in enforcing anti-terrorism laws. This study aims to analyze the law enforcement efforts carried out by Densus 88 AT in handling terrorism cases involving wanted persons (DPO) in Poso, as well as to examine the challenges faced from legal and human rights perspectives. The research applies a normative-empirical approach by combining statutory analysis, conceptual frameworks, and case studies, supported by primary, secondary, and tertiary legal materials. The findings indicate that Indonesia has a strong legal framework for combating terrorism, particularly through Law Number 5 of 2018. Law enforcement efforts in Poso have been effective in enhancing security, as demonstrated by the successful neutralization of key terrorist actors. However, several challenges remain, including issues related to the criminal justice process, human rights protection, limited public participation, and coordination among institutions. In practice, obstacles are categorized into structural, substantive, and cultural aspects. Structural challenges include difficult geographical conditions and inter-agency coordination. Substantive issues involve debates over the use of force under special legal authority. Cultural barriers, such as low public trust, also hinder early detection and prevention. Therefore, counter-terrorism law enforcement must balance security, justice, legal certainty, and human rights to ensure effective and fair outcomes.
Copyright (c) 2026 Muhammad Ishaq Alkays, Sudarto, Sujono https://creativecommons.org/licenses/by-sa/4.0
LEGAL ANALYSIS OF CHILD ADOPTION IN INDONESIAN CIVIL LAW BASED ON CHILD PROTECTION LAW
Adoption is not merely an administrative act; it has far-reaching impacts on a person’s civil status and legal relationships. The primary focus of this research is to examine the procedures and requirements for adoption under Indonesian civil law, particularly within the framework of child protection regulations, and to examine the legal position and civil rights of adopted children following a court ruling, particularly regarding guardianship and inheritance rights. The research was conducted using a normative juridical approach. The data used were secondary, encompassing primary, secondary, and tertiary legal sources, and were then analyzed qualitatively. The analysis of court decisions, implementing regulations, and legal literature indicates that the adoption mechanism under Indonesian positive law must go through litigation through a court ruling. Based on Article 39 of the Child Protection Law and relevant jurisprudential precedent, this judicial process formally aims to provide legal certainty and close the gap for child trafficking practices. In addition, the regulation mandates the state to conduct oversight through measurable material and social verification to ensure the principle of “the best interests of the child” is met. From a legal perspective, the court’s decision transfers full guardianship rights to the adoptive parents, but does not sever the blood relationship (nasab) with the biological parents. Because guardianship is completely transferred, questions arise regarding the economic rights of adopted children at the time of inheritance. According to applicable law, adopted children do not automatically become heirs in abintestato; protection of their economic rights is guaranteed through alternative instruments, such as mandatory wills under Islamic law or gifts and wills under civil law. Thus, these rights can still be fulfilled as a form of welfare and social justice for adopted children.
Copyright (c) 2026 Harriani Bianca Daryana, Appe Hutauruk, Hotman Sinambela, Fendi Maruba Parlindungan Hutahaean https://creativecommons.org/licenses/by-sa/4.0
EFFECTIVENESS OF INDUSTRIAL RELATIONS DISPUTE NEGOTIATIONS IN THE INTERESTS OF TRADE UNIONS
This study aims to analyze the effectiveness of negotiations in resolving industrial relations disputes, particularly in relation to the interests of labor unions in defending the rights of their members. The main focus of this study is directed at the bipartite negotiation mechanism as a mandatory stage before taking the litigation route. Inequality of bargaining power and differences in negotiation strategies often become obstacles in reaching a fair agreement. The research method used is normative juridical with a case approach and a conceptual approach. Data were collected through a literature study of primary, secondary, and tertiary legal materials related to Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes and industrial relations theories. The results of the study indicate that the effectiveness of industrial relations negotiations is greatly influenced by organizational strength, legal capacity, and negotiation strategies implemented by labor unions. It appears that the coherence of litigation strategies and evidentiary strength are the main keys in defending workers’ interests at the cassation level. This study concludes that although bipartite negotiations are a deliberative instrument, their success is highly dependent on the independence or autonomy of trade unions in facing employer domination in order to realize legal certainty and protection of workers’ normative rights.
Copyright (c) 2026 Raya Gomal Manalu, Muh Amin Saleh, Muhenri Sihotang, Appe Hutauruk https://creativecommons.org/licenses/by-sa/4.0
LEGAL ANALYSIS OF THE PROVISIONS ON THE DEATH PENALTY IN THE CRIMINAL CODE
Capital punishment is the most severe form of punishment in the Indonesian criminal justice system and remains a controversial issue that sparks debate between the need to uphold justice and the protection of human rights, particularly the right to life. Under the old Criminal Code, capital punishment was included as a primary punishment that could be imposed on perpetrators of serious crimes such as premeditated murder, terrorism, treason, and drug trafficking. Meanwhile, the new Criminal Code, as specified in Law No. 1 of 2023, introduces significant changes in the regulation of the death penalty. The death penalty is no longer positioned as the primary punishment but rather as a conditional alternative punishment, which is only imposed if other penalties are deemed insufficient to achieve justice. This study aims to examine the differences in the regulation of the death penalty in the old and new Criminal Codes and to analyze the considerations of judges in imposing the death penalty based on a study of Decision No. 32/Pid.Sus/2025/PN Pts. The approach used is normative legal with a descriptive analysis method. The results of the study show a shift in the criminal law paradigm from a retributive approach to a more restorative and humanistic approach. In the new Criminal Code, the death penalty can be imposed with a probation period of 10 years, and if during that period the convict demonstrates good attitude and behavior, the sentence can be changed to life imprisonment or a fixed term of imprisonment. The regulation of the death penalty in the new Criminal Code reflects the state's efforts to maintain the deterrent effect on serious crimes while upholding the principles of humanity and balanced justice.
Copyright (c) 2026 Dedy Irawan, Diding Rahmat, Ardison Asri https://creativecommons.org/licenses/by-sa/4.0
LEGAL REVIEW OF PROTECTION ORDERS FOR VICTIMS OF DOMESTIC VIOLENCE
Domestic violence is a form of human rights violation that causes physical, psychological, sexual, and economic suffering for victims. In order to provide protection for victims, the state enacted Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which regulates the issuance of a Protection Order as one of its legal mechanisms. This legal instrument aims to provide preventive protection for victims from the risk of repeated violence and to ensure their safety during the law enforcement process. This study aims to analyze the regulation of protection orders for victims of domestic violence under Law Number 23 of 2004 and their implementation in law enforcement practices in Indonesia. This research employs a normative legal research method with a statutory approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials which are analyzed qualitatively through legal interpretation and juridical reasoning. The results of this study indicate that the regulation of protection orders in the Domestic Violence Law plays an important role as a preventive legal protection instrument for victims. Protection orders can be granted in the form of temporary protection provided by law enforcement officials as well as permanent protection determined by the court. However, in practice, the implementation of protection orders still faces several challenges, including the low level of public legal awareness, limited access of victims to protection services, and the lack of optimal coordination among law enforcement agencies. Therefore, it is necessary to enhance the capacity of law enforcement officials, strengthen coordination among relevant institutions, and increase legal awareness through public education so that the protection of domestic violence victims can be implemented effectively.
Copyright (c) 2026 Berliana Putri Pramesti, Bambang Widarto, Diding Rahmat https://creativecommons.org/licenses/by-sa/4.0
CRIMINAL LIABILITY OF PERPETRATORS OF THE CRIME OF THEFT WITH VIOLENCE
The crime of theft with violence is a crime committed with the aim of facilitating theft, escaping when caught red-handed, or maintaining stolen goods. This crime is regulated in Article 365 paragraph (1) of the Criminal Code which states that theft preceded, accompanied, or followed by violence or threat of violence against persons, shall be punished by a maximum imprisonment of nine years. This research uses normative juridical methods to examine the regulation and criminal liability of perpetrators of theft with violence in Indonesia. Based on judicial practice, one example is found in Tangerang District Court Decision Number 1502/Pid.B/2021/PN.Tng, which imposed a one-year prison sentence on the defendant Andi Firdaus alias Ndi Bin Ardana, because he was legally proven to have committed theft with violence. This decision raises questions regarding the severity of the sentence imposed and the protection of victims. Therefore, it is necessary to reform the national criminal law by regulating more stringent and severe sanctions against perpetrators of theft with violence, either through the new Criminal Code, Government Regulation, or Minister of Law and Human Rights Regulation. In addition to imposing heavy penalties, the state is also expected to provide maximum protection for victims, including compensation for losses and physical and psychological recovery for victims of crime. Thus, the law can be enforced fairly and create order and security in society.
Copyright (c) 2026 Aldy Kurniawan Dika, Sudarto https://creativecommons.org/licenses/by-sa/4.0