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Discretion exercised by election management bodies constitutes an administrative instrument that is functionally necessary to prevent stagnation in electoral processes under conditions of legal vacuum, normative ambiguity, or extraordinary circumstances. However, in practice, discretionary decisions often generate public concern and expose election officials to the risk of criminalization, particularly when such discretion is assessed through a formalistic and result oriented criminal law paradigm. This study aims to analyze the construction of criminal liability of election administrators for the use of discretion in conditions of electoral stagnation, by examining the paradigm shift from the old Indonesian Criminal Code to the new Criminal Code and its implications for criminal law enforcement under the Criminal Procedure Code. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings reveal that the old Criminal Code tended to facilitate policy criminalization by emphasizing formal violations and objective consequences, whereas the new Criminal Code introduces a substantive approach centered on subjective fault, official purpose, and rationality of action. Nevertheless, the lack of synchronization with the Criminal Procedure Code which remains focused on conventional evidentiary standards causes discretionary actions of election administrators to remain legally ambiguous. Therefore, harmonization between substantive criminal law and criminal procedure law, along with a transformation in law enforcement reasoning, is essential to ensure that discretion exercised by election officials is assessed proportionally, contextually, and in line with democratic principles.

Criminal acts of assault against children constitute a serious violation of human rights that requires optimal legal protection by the state. As legal subjects, children are entitled to security, protection from violence, and guarantees for proper growth and development, as mandated by Pancasila, the 1945 Constitution of the Republic of Indonesia, and relevant child protection legislation. This study aims to conduct a juridical analysis of the legal considerations applied by judges in Decision Number 83/Pid.Sus/2020/PN.Kot concerning the criminal offense of assault committed against a child, as well as to assess their conformity with criminal law principles, child protection law, and the objectives of sentencing. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The findings reveal that although the legal basis applied refers to Law Number 35 of 2014 on Child Protection, the judicial considerations have not been comprehensively formulated, as they insufficiently incorporate sociological, criminological, and child-centered protection perspectives. Consequently, the sentence imposed is relatively lenient and fails to fully reflect the objectives of punishment, particularly deterrence and sustainable protection for child victims. Therefore, strengthening the quality of judicial reasoning and ensuring the optimal application of relevant legal provisions are essential to achieve legal certainty, justice, and effective protection for children as victims of violent crimes.

The determination of a minimum marriage age is a central issue in Indonesian family law and Islamic legal discourse, particularly regarding the prevention of health, social, and psychological risks associated with child marriage. This study analyzes the alignment between the legal requirement of a minimum age of 19, as stipulated in Law No. 16 of 2019 and Constitutional Court Decision No. 22/PUU-XV/2017, and the framework of maqāṣid sharī‘ah, especially the hierarchical structure of dharuriyyāt, ḥājiyyāt, and taḥsīniyyāt. Employing a normative juridical method supported by extensive literature review, this research examines statutory regulations, classical and contemporary Islamic legal sources, works on maqāṣid, and empirical data from national and international institutions. The findings demonstrate that the minimum age of 19 substantively accords with maqāṣid sharī‘ah: at the dharuriyyāt level, it safeguards life, intellect, and lineage from medical, psychological, and social harm; at the ḥājiyyāt level, it prevents economic hardship, emotional instability, and the inability of young couples to assume household roles; and at the taḥsīniyyāt level, it preserves human dignity, ethical conduct, and the sanctity of marriage. Consequently, the regulation is not a departure from classical Islamic jurisprudence but rather an implementation of public interest (maṣlaḥah) adapted to contemporary societal realities. This study affirms that integrating maqasid-based reasoning into public policy strengthens the protection of families and future generations in Indonesia.

The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This article aims to analyse the implementation of Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.

This study examines the distortion between civil and criminal perspectives in the legal considerations (ratio decidendi) of Judex Juris in Supreme Court Decision Number 121K/Pid.Sus/2020. The decision lacks substantial criminal law considerations regarding the alleged corruption offense. Instead, the legal reasoning focuses on the fault or negligence of company directors, particularly the exception under Article 97 of Law Number 40 of 2007 concerning Limited Liability Companies, which embodies the Business Judgment Rule doctrine. Furthermore, these considerations are distorted by tort (onrechtmatige daad) as regulated in Article 1365 of the Civil Code juncto Article 138 paragraph (1) letter b of the Company Law. This research employs a legislative approach by analyzing various legal instruments, including the 1945 Constitution, the Criminal Code, the Criminal Procedure Code, the Limited Liability Company Law, State-Owned Enterprises Law, Judicial Power Law, Supreme Court Law, and the Corruption Eradication Laws. A conceptual approach is also utilized to examine theoretical concepts concerning corporate crime, directors' liabilities, state losses, tort, negligence from criminal and civil perspectives, business judgment rules, collective collegiality principles, and formal-material classification of legislation. The data comprises primary legal materials (legislation and court decisions) and secondary legal materials (legal literature and scientific journals). Analysis is conducted qualitatively by interpreting legal principles and their relevance to the court's considerations in the decision.

This research is motivated by the phenomenon of theft committed by 15-year-old adolescents in market environments, which creates tension between criminal law enforcement and the principle of child protection in the Indonesian legal system. The study aims to analyze the legal regulations of theft under the old Criminal Code (Law No. 1 of 1946), the new Criminal Code (Law No. 1 of 2023), and the Juvenile Criminal Justice System Law; to examine the criminal liability of adolescents from the perspective of criminal law theory; and to review the implementation of restorative justice and diversion. The research method used is normative legal research with statutory, conceptual, and case approaches, particularly reviewing the provisions of Article 591 of the new Criminal Code, the theory of fault, and the principle of proportionality. The results indicate that the criminal liability of children must take into account psychological limitations, maturity levels, and criminogenic factors, including the influence of the social environment. Furthermore, the mens rea element in the phrase "known or reasonably suspected" is difficult to apply in practice to transactions involving small losses, as price reasonableness can obscure indications of malicious intent. This finding affirms that imposing criminal penalties on children in cases of petty theft potentially contradicts the principles of ultimum remedium and proportionality. Therefore, law enforcement should prioritize diversion, mediation, and restorative justice approaches by involving families and communities to achieve substantive justice and prevent excessive criminalization of children.

This study discusses the judge’s considerations in granting child custody of a non-mumayyiz (underage) child to the biological father in the Religious Court Decision of Tanjung Karang Number: 1379/Pdt.G/2024/PA.Tnk. Generally, according to Islamic law and the Compilation of Islamic Law (KHI), custody of a non-mumayyiz child is granted to the biological mother. However, in this case, the panel of judges decided to grant custody to the biological father. The purpose of this research is to identify the legal reasoning behind the judge’s decision and the legal implications of such a ruling. The study employs a normative juridical method with a descriptive-analytical approach, supported by primary data obtained through interviews and secondary data from legislation and legal literature. The results show that the judge’s consideration was based on the best interest of the child principle, as the mother had remarried a non-Muslim man and converted to another religion, which made her ineligible to be the custodian under Islamic law. The legal implication of this decision reinforces the authority of judges to interpret hadhanah provisions contextually, ensuring the protection of the child’s rights and supporting their growth in accordance with religious teachings and prevailing social norms.

This study delves into the philosophical foundations of natural law, contrasting the irrational theories of Thomas Aquinas with the rational perspectives of Hugo Grotius and Immanuel Kant, examining their relevance within Indonesia’s deeply religious and pluralistic context. Aquinas argues that natural law is divinely ordained and serves as a universal moral guide, where law and morality are intrinsically linked. On the other hand, Grotius proposes that while natural law originates from divine will, human reason enables individuals to comprehend it, even without divine revelation. Kant’s philosophy shifts the focus to moral autonomy and the freedom of individuals, emphasizing that legitimate law must be based on principles of universal morality that respect human dignity. In the context of Indonesia, with its diverse religious landscape, integrating these philosophical ideas provides a balanced approach to the interaction between secular law, religious teachings, and moral values. The research adopts a juridical-normative methodology with a conceptual and legislative approach, analyzing secondary legal sources to explore how natural law influences Indonesia's legal system. The findings indicate that while Indonesia's legal system primarily follows positive law, it would benefit from incorporating the moral and spiritual aspects derived from natural law theory. The study concludes that Indonesia’s legal system can achieve a more substantive form of justice by integrating the principles of Aquinas, Grotius, and Kant, thus ensuring a more harmonious blend of legal certainty, moral integrity, and religious principles in the country’s laws.  

The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This paper investigates how Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.  

The rapid advancement of digital technology has significantly transformed the economic landscape, particularly in payment systems that are shifting from conventional cash transactions to the use of Electronic Money (E-Money). E-Money has become increasingly popular due to the convenience it offers, allowing users to conduct transactions anytime and anywhere without the need to carry physical cash. As this payment innovation continues to expand, it is essential to examine whether its mechanisms comply with Islamic principles, given that the use of E-Money is closely related to the values of muamalah in Islam. This study aims to identify the underlying contractual structure (akad) governing Mandiri E-Money transactions and to assess its conformity with sharia principles. It further analyzes the potential presence of gharar, riba, or maisir within the top-up and transaction processes, as well as the sharia mitigation mechanisms that may be applied. The research employs a normative approach based on classical and contemporary Islamic legal theory, supported by observational analysis of Mandiri E-Money practices. Data were analyzed qualitatively using a descriptive method and maqashid al-shariah reasoning. The findings indicate that the use of Mandiri E-Money does not involve elements of riba, gharar, or maisir, and therefore does not deviate from sharia principles. These potential risks were examined through fiqh legal maxims and DSN-MUI fatwas to ensure comprehensive sharia compliance.

This journal examines the criminal act of corruption related to village treasury land (tanah kas desa) in Yogyakarta, with a specific focus on the District Court Decision No. 8/Pid.Sus-TPK/2023/PN Yyk. The objectives are to identify the underlying reasons behind corruption practices, analyze the application of substantive criminal law, and assess the state losses as well as possible preventive measures for future land management. The study employs a qualitative research method through interviews, documentation, and literature review, involving key informants from the judiciary, prosecution office, police sector, and village administration. The findings reveal that corruption in village treasury land is driven by internal factors such as personal motives, economic background, moral integrity, legal awareness, and authority, as well as external factors including non-transparent bureaucracy, ingrained corruption culture, weak supervision, ineffective legal systems, and socio-economic pressures. The application of substantive criminal law is reflected in the assessment of elements of corruption, judicial considerations, and the interplay between legal norms, social impacts, and local wisdom. Furthermore, the study highlights significant economic and social losses, and recommends strategies for prevention, governance improvement, and strengthening accountability to minimize corruption risks in village land management.

This study discusses the judge’s considerations in rejecting a marriage annulment lawsuit due to coercion, as stated in the Religious Court Decision of Tanjung Karang Number: 1109/Pdt.G/2023/PA.Tnk. The lawsuit was filed by a wife who claimed she was forced into marriage due to threats from her parents, thus requesting an annulment based on Article 27 paragraph (1) of Law Number 1 of 1974 on Marriage. However, the panel of judges rejected the claim. This research aims to examine the legal reasoning behind the judge’s rejection of the annulment and the legal consequences resulting from the decision. The study employs a normative and empirical legal approach with a descriptive qualitative method, using primary legal materials such as legislation and court rulings, as well as secondary data from legal literature and interviews. The results show that the judges rejected the claim because the alleged coercion was not proven to constitute an unlawful threat as defined by law, and the marriage was conducted validly according to legal and religious provisions. The legal implication of this rejection is that the marriage remains valid and binding, and all legal rights and obligations between husband and wife continue to apply.

Electronic commerce (e-commerce) has become a dominant trend in modern buying and selling transactions, offering easy access and efficiency. Marketplaces like Shopee act as intermediaries between merchants and buyers, providing fast, secure, and integrated transaction facilities. However, behind this convenience, significant legal issues arise, particularly regarding unilateral transaction cancellations by buyers through the refund feature. In practice, these refund requests are generally approved by the marketplace without thorough verification of the validity of the cancellation reason or the existence of the goods already shipped by the merchant. This study aims to analyze the legality of unilateral cancellations by buyers from the perspective of Indonesian civil law, with reference to the provisions of the Civil Code (KUHPerdata) and the concept of electronic contracts as stipulated in the Electronic Information and Transactions Law (UU ITE). The study uses a normative juridical approach by examining laws and regulations, legal literature, and analyzing two case studies involving merchants BZS and HK. The results indicate that unilateral cancellations by buyers without returning the goods constitute a form of breach of contract. This action not only violates the electronic contractual agreement established during the transaction but also causes financial and reputational harm to merchants. This phenomenon indicates weak legal protection for business actors in the e-commerce ecosystem, particularly regarding the bargaining power between sellers, buyers, and marketplace platforms. Therefore, strengthening fair and transparent digital dispute resolution mechanisms is necessary, including preventive legal protection to prevent losses and repressive protection to provide redress for injured parties. This step is crucial for realizing a healthy, balanced, and equitable digital trade ecosystem for all parties involved.

This study aims to determine the role of parents in fulfilling the right to education for girls based on the implementation of Article 31 Paragraph (1) of the 1945 Constitution in the region. This study uses a qualitative descriptive approach with data collection methods in the form of interviews, observations, and documentation. Informants in this study consisted of village heads, parents, and girls who dropped out of school. Data analysis was carried out using the interactive model of Miles and Huberman which includes data reduction, data presentation, and drawing conclusions. The results of the study revealed that some parents showed a high awareness of the importance of education for girls and provided real support by sending their children to school to a certain level of education. However, there are also parents who still limit their children's education to only a certain level, mainly due to limited economic reasons and the influence of cultural values ​​rooted in society. Factors such as economic dependence on girls and the view that higher education is not necessary for women are obstacles in realizing equal access to education. The implementation of Article 31 Paragraph (1) of the 1945 Constitution at the village level has not been optimal because there are no specific policies or programs from the village government that actually guarantee the right to education for girls. This study concludes that parental involvement plays an important role in addressing the inequality of access to education for girls in rural areas, and further support is needed from the government and the community to create an environment that is more supportive of girls' education. The implementation of more inclusive policies based on the needs of the local community is also very necessary to ensure that girls' right to education can be properly fulfilled.

This research is motivated by the importance of understanding the niqab (face veil) as a religious symbol and an identity marker for Muslim women, which continues to spark public debate in Indonesia. The niqab is often viewed from various perspectives—religious, cultural, social, and political—making it a controversial topic. These differing viewpoints highlight the need for a deeper exploration of the meaning and practice of wearing the niqab, especially within Islamic higher education institutions. The study aims to examine both the normative and sociological aspects of niqab use among female students at Ma’had Al-Birr, Muhammadiyah University (Unismuh) Makassar. This institution is known for having a significant number of students who wear the niqab, each with different backgrounds and motivations, ranging from theological beliefs to personal convictions and environmental influences. The research employs a descriptive qualitative method with a field-based approach. It combines normative Islamic theological perspectives with sociological analysis, using data collection techniques such as observation, in-depth interviews, and documentation. The findings reveal that students perceive the niqab not merely as a religious obligation to cover one's aurat (parts of the body that should be concealed), but also as a symbol of piety, honor, obedience, and personal ijtihad (independent reasoning) in practicing Islamic teachings. An inclusive campus environment supports these students in engaging freely in both academic and social activities. However, challenges still arise, particularly in the form of stereotypes and perceptions of exclusivity that some individuals associate with niqab wearers. These misconceptions underscore the importance of cross-perspective understanding in addressing this phenomenon. This study is expected to contribute to the development of campus policies that support freedom of expression, uphold mutual respect, and promote a more inclusive, open, and tolerant atmosphere within Islamic higher education institutions—one that embraces the diversity of religious practices and encourages respectful coexistence.

Drug abuse and trafficking are transnational issues that require serious attention from various countries. Indonesia and the Philippines, two countries in Southeast Asia, have developed different institutional approaches in combating drugs through the Badan Narkotika Naional (BNN) and the Philippine Drug Enforcement Agency (PDEA). This study aims to compare both institutions from the cultural-cognitive pillar based on William Richard Scott’s institutional theory. The method used is descriptive qualitative research with a literature study approach. The results show that BNN prioritizes rehabilitative and educational approaches that are increasingly accepted as a reasonable treatment pattern in Indonesia. Meanwhile, PDEA implements a repressive approach that is supported by most of the Filipino society, despite being accompanied by human rights violations. These findings indicate that collective thinking frameworks and public legitimacy play a crucial role in shaping institutional strategies and impacts in each country. This study provides significant implications regarding how societal mindsets influence the effectiveness of drug eradication efforts.

This research examines a case of marriage annulment filed at the Pekanbaru Religious Court, where the plaintiff, a Marriage Registrar, received a complaint from a legal wife who did not consent to her husband's marriage to another woman. The plaintiff questioned whether the annulment request had exceeded the expiration period. The study aims to (1) understand the legal consequences of filing for annulment after the legal deadline based on Marriage Law Number 1 of 1974 and Decision Number 1/Pdt.G/2021/PA.Pbr, and (2) explore the relevance of utility theory in the court’s reasoning. This is a sociological legal study using interviews and literature reviews, supported by primary, secondary, and tertiary data. The analysis uses a qualitative descriptive approach with deductive reasoning. The results show that the court granted the annulment despite the expiration, based on the discovery of an invalid guardian and procedural flaws. A verstek (default) decision was made as both defendants were absent at the first hearing. The court's decision reflects the balance of legal certainty, justice, and utility. The legal consequences include the termination of the marriage, the recognition of the child as legitimate, and the absence of shared property division.

The scope of pretrial authority is regulated under Article 77 of the Indonesian Criminal Procedure Code (KUHAP), with an extension of authority introduced through the Constitutional Court Decision Number 21/PUU-XII/2014. The evidentiary process in pretrial proceedings is governed by Article 2 paragraphs (2) and (4) of the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2016 concerning the Prohibition of Judicial Review of Pretrial Decisions. However, in practice, petitions for pretrial often address matters beyond this prescribed authority. Moreover, there remains a disparity in judicial reasoning across different judges, particularly with respect to the evaluation of evidence in the determination of a suspect.The legal issues examined in this study are: (1) whether the expansion of the pretrial authority’s scope has led to multiple interpretations among law enforcement officers, and (2) how the evidentiary process in pretrial proceedings aligns with the principle of legal certainty. This thesis employs normative legal research using statutory, conceptual, and case approaches. The findings of this thesis reveal that the expansion of pretrial authority has indeed created multiple interpretations among law enforcement officials, owing to inconsistencies in pretrial decisions that result from judicial discretion. Furthermore, the evidentiary process in pretrial proceedings ought to be limited to the formal aspects of investigative or prosecutorial actions. Nevertheless, certain pretrial rulings have considered the substance and quality of evidence, and even assessed the conduct of the suspect. Such practices undermine legal certainty for justice seekers. Therefore, the Supreme Court should issue more concrete regulations concerning the scope of pretrial and the evidentiary standards applicable in pretrial proceedings.

Kupang City is the capital of East Nusa Tenggara province which is inseparable from the case of rape of a father against a biological child. There are several cases including a minor being a victim of sexual violence. Tragically, a student of a junior high school in Kupang became a victim of rape committed by her biological father. The case of adultery committed by the father to his biological child was handled by the PPA Unit of the Kupang City Police Satreskrim in 2019. The results of this study show that (1) the causative factor for children as victims of rape by biological fathers in Kupang City is the influence of lack of religious understanding in the family environment that causes the perpetrator to commit crimes. The actions carried out by the perpetrator were carried out repeatedly without thinking about the mental and physical influence of the victim. For this reason, it is hoped that religious understanding can be applied in the family environment so that it becomes a moral benchmark for one's life as well as the cases researched by the author. (2)) The impact on children as victims of rape by biological fathers in Kupang City is the physical and social impact experienced by the victim after the incident that befell the victim. (3) Legal Protection Efforts for Children as Victims of Rape by Biological Fathers in Kupang City In particular, Indonesia has its own law regarding the protection of children, namely Law Number 23 of 2004 concerning Child Protection. In Articles 81 and 82 of the Law on Child Protection, it is stipulated that the perpetrator of sexual abuse of children is sentenced to a maximum of 15 years in prison.

Most people do not know the legal basis for resolving traffic accidents that result in death through restorative justice (peaceful, family). Such a wrong public perception will cause great harm to the government's efforts to develop in the legal field, among other things, it can raise confusing questions. This study is a contribution of researchers' thoughts to participate in solving one of the legal problems that have long occurred in society. The research used is juridical-sociological or empirical research with a legal research approach. This research is an in-depth interview. The data collected are verbal and nonverbal. The conversation is recorded in a notebook or recorded with a tape recorder. The data is processed, analyzed and interpreted in a juridical-descriptive manner to explain or describe the data obtained by providing a logical interpretation and confirmed by the opinions of experts. The results of the study indicate that the causal factors or reasons for peaceful resolution or restorative justice of traffic accident cases resulting in fatalities at the Kupang City Police Resort are public legal awareness, public tendency to prioritize peace and family, and police discretionary authority. The practice of restorative justice resolution of traffic accident cases resulting in fatalities is carried out through the stages of the Approach Stage, Mediation Stage, Agreement Making Stage, Agreement Implementation Stage, and Completion and Case Closed Management.