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Berliana Aisyah Nur Salwa; Tongat Tongat

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The reform of Indonesia’s criminal law through Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a fundamental shift in the national criminal justice system, particularly through the formal recognition of the living law as law that lives within society. This article analyzes the correlation between living law and the principle of legality within the context of national criminal law reform. The study employs a normative juridical method with statutory, conceptual, and comparative approaches to examine how the 2023 Criminal Code seeks to balance legal certainty with substantive justice. The findings indicate that the regulation of the principle of legality in Article 1 of the KUHP remains the primary foundation for ensuring the protection of individual rights and preventing arbitrary state actions. However, the recognition of living law under Article 2 of the KUHP expands the sources of criminal law beyond written statutes to include social values living within the community, insofar as they are consistent with Pancasila, general legal principles, and human rights. The relationship between the principle of legality and living law in the 2023 KUHP is not antagonistic but rather complementary and harmonious. Living law enriches the legality principle substantively through moral and social justice dimensions, while the legality principle serves as a normative safeguard to maintain legal certainty and prevent the abuse of power. Therefore, the integration of both principles reflects a new paradigm of Indonesian criminal law that is pluralistic, just, and civilized, reaffirming the nation’s legal politics grounded in Pancasila values and the principles of a democratic rule of law.

Fathan Mubina Ramadhan Hajir; Darussalam Syamsuddin; Sippah Chotban

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This research discusses the role of the community in the formation of Regional Regulation (PERDA) Number 5 of 2021 in Takalar Regency from the perspective of siyasah dusturiyah. The aim of this research is to analyze: (1) the participation of fishermen in the formation of the PERDA, (2) the government's efforts in the protection and empowerment of fishermen, and (3) the dusturiyah perspective on the formation of the PERDA. The study uses a qualitative approach with field research methods, relying on interviews and observations as data collection techniques. Data processing is carried out through reduction and categorization, and its validity is tested through transferability, dependability, and credibility. The research findings show that fishermen have actively participated in activities organized by the local government. Protection and empowerment of fishermen are carried out in accordance with the mandate of PERDA No. 5 of 2021. The process of forming the PERDA is also in line with the principles of siyasah dusturiyah, such as alignment with the 1945 Constitution and national law, strengthening regional autonomy and decentralization, principles of welfare and social justice, as well as respect for human rights (HAM). Furthermore, it supports public participation, accountability, and the balance of economic development.

Nikmah Dalimunthe; Tasya Fadilah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Domestic helpers (DWs) play a vital role in sustaining household life in urban areas, yet their legal position in the Indonesian labour system remains marginal and vulnerable, without adequate legal protection. This research aims to analyse juridically normatively the legal position of domestic workers within the framework of national labour law and identify regulatory gaps and structural barriers that hinder the protection of their basic rights. Using a literature study method and a normative juridical approach, this research examines legislation, legal doctrine, and recent scientific literature. The analysis shows that Law No. 13 Year 2003 does not recognise domestic workers as formal workers, and Permenaker No. 2 Year 2015 is non-binding, creating a legal vacuum that results in vulnerability to exploitation, discrimination, and human rights violations. The absence of special regulations such as the PPRT Bill and the non-ratification of ILO Convention No. 189 exacerbate structural injustice against domestic workers. This research concludes that the legal protection of domestic workers is very weak normatively and practically, so regulative reform is needed through the enactment of special laws and harmonisation of national laws with international human rights standards in order to create a fair, inclusive and social justice-based employment system.

Desinta Desinta; Parlaungan Gabriel Siahaan; Brent Hizkia Padang; Dinda Amalia Nasution; Rachel Meilisa Pakpahan +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The concept of ‘abandoned land’ in the Basic Agrarian Law (UUPA) No. 5 of 1960 faces interpretation challenges that impact the effectiveness of the management of unproductive Cultivation Rights (HGU). This research aims to analyse the reconstruction of the concept of abandoned land in UUPA and its implications for the management of unproductive HGU to support the optimisation of agricultural land use. This research is conducted through normative juridical with qualitative descriptive analysis of laws and regulations, court decisions, and related literature. The research findings show that the concept of abandoned land in the UUPA is still multi-interpretive, especially regarding the criteria of ‘not being cultivated according to the circumstances or nature and purpose of the right’. This has led to inconsistencies in the application of sanctions against HGU holders who leave their land unproductive. Concept reconstruction is needed by clarifying the objective parameters of productivity, the period of neglect, and law enforcement mechanisms. The implications of this research indicate the need for regulatory revisions to strengthen legal certainty in HGU management, as well as the development of more effective policy instruments to prevent abandonment of agricultural land to support national food security and social justice in agrarian reform.

Nila Amania

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Pancasila has been established as both a rechtsidee (legal ideal) and a grundnorm (fundamental norm). The values of Pancasila must guide and be embodied in legal reform in Indonesia whether at the substantive level (legal content), structural level (legal institutions), or cultural level (legal culture). These values must be embedded in the Constitution of the Republic of Indonesia and further reflected in all subsequent laws and regulations. The value of national unity contained in Pancasila is reflected in the enactment of Law No. 1 of 1974 on Marriage. The unification of marriage law through this legislation abolished the diverse marriage laws that existed prior to its enactment. The value of social justice for all Indonesian people is reflected in the enactment of Law No. 16 of 2019, which amended Law No. 1 of 1974 on Marriage. The amendment, which revised the minimum age for marriage, provides justice for both men and women regarding the legal validity of marriage in Indonesia.