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The implementation of local democracy in Indonesia faces challenges when the electoral and procedural mechanisms regulated in modern village administration are not fully in line with the socio-cultural traditions of indigenous communities. Many villages still strongly uphold the values, norms, and authority of traditional institutions that have historically regulated communal life, including in terms of leadership legitimacy. Tension between formal democracy and customary values arises when the village political process is perceived as not reflecting the cultural identity of the community. This situation creates a need to understand how the integration of customary institutions can strengthen the legitimacy of village leaders in the local democratic system. This study uses a literature review method with a content analysis approach because the study focuses on the concept of the role of customary institutions in strengthening local democracy and the legitimacy of village leadership. This method allows researchers to explore theories and compare previous findings to form a systematic understanding. The research data comes from 19 secondary sources in the form of scientific books and journal articles published between 2016 and 2025 that are relevant to the themes of customs, village governance, community participation, and local leadership. The search was conducted using the Publish or Perish application with purposive sampling techniques to select sources directly related to the main research issue. This study concludes that the integration of traditional institutions into local democracy produces a model of village leadership that is legally strong and culturally rooted. This integration provides a basis for strengthening local democracy based on cultural wisdom, thereby supporting village development.

Abstract. The right to health is an integral part of human rights guaranteed by the Constitution and further reinforced by Law Number 17 of 2023 on Health, which places the state as the party responsible for ensuring the provision of safe, high-quality, and non-discriminatory health services for all citizens. However, in practice, the fulfillment of the right to health continues to face various challenges, particularly in the delivery of health services for participants of BPJS Kesehatan. This study aims to analyze the legal protection of the right to health in Indonesia and to examine the refusal of medical services to BPJS patients that resulted in death in Papua from a human rights perspective. The research employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that although the national legal framework has clearly regulated the obligations of the state and health care facilities in providing emergency services, its implementation remains weak due to administrative barriers, unequal access to health services, and inconsistent law enforcement. The refusal of medical services to BPJS patients in Papua reflects a tension between hospitals’ administrative compliance and the professional obligation of medical personnel to save human lives. The implications of this study emphasize the need to strengthen supervision, ensure consistent law enforcement, and improve health service governance so that the right to health is truly protected as part of human dignity within the Indonesian rule of law. 

In social practice, land sale and purchase transactions are still frequently conducted through private agreements, mainly driven by mutual trust between the parties, cost considerations, and the perception that such procedures are simpler and faster. From the perspective of civil law, such sale and purchase agreements remain valid and legally binding as long as they fulfill the legal requirements of a valid contract as stipulated in Article 1320 of the Indonesian Civil Code. However, within the national land law system, land sale and purchase agreements executed under private deeds cannot serve as a legal basis for the transfer of land rights because they are not made before a Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) as required by statutory regulations. This divergence in legal regulation gives rise to legal uncertainty, particularly for buyers acting in good faith. On the one hand, the agreement creates rights and obligations under civil law; on the other hand, it fails to provide legal certainty over land rights due to its inability to be registered. This condition reflects a tension between the civil law regime and the land law regime, while also indicating the weak legal protection afforded to good-faith buyers. These issues constitute the basis and urgency of this research.

This study analyzes the juridical issues related to the implementation of criminal sanctions below the statutory minimum, as reflected in Cassation Decision Number 7853/K/Pid.Sus/2024. The focus of this research centers on the tension between the rigid provisions of Article 111 paragraph (1) of Law No. 35 of 2009 concerning narcotics and the reality of judicial practice, which often deviates from these provisions. This phenomenon raises debates regarding the extent to which the principle of legality can be compromised in pursuit of justice without undermining the pillar of legal certainty within Indonesia’s criminal justice system. Using a normative legal research method with a statutory and case study approach, this study qualitatively analyzes judges’ considerations. The findings indicate that, although the policy of imposing sentences below the minimum carries the risk of creating legal uncertainty, the Supreme Court in this case reinterpreted the principle of legality. Judges tend to prioritize proportionality and substantive justice to avoid purely mechanical punishment. The study concludes that, while judicial discretion represents a concrete expression of judicial independence, such practice requires clearer normative parameters. Without explicit regulation, deviations from the statutory minimum risk widening disparities in judicial decisions. Therefore, standardized sentencing guidelines are necessary to preserve legal integrity while maintaining a sense of justice for defendants.

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 examines the dynamics of public criticism of Shin Tae-yong's dismissal by PSSI as a phenomenon of digital communication that shows the tension between freedom of expression and the legal limits of hate speech. The background of this research stems from the intensity of netizens' reactions, which developed into collective moral pressure and had the potential to enter the realm of insults and hostility, as reflected in various comments, news reports, and verbal disputes involving public figures. This study aims to analyze how criticism, media framing, and netizen responses interact with the regulations of the ITE Law, particularly Article 28 paragraph (2), which is often used in reporting hate speech. The methods used are a normative juridical approach and case studies with document analysis, news reports, and academic literature techniques to identify patterns of digital expression and their legal relevance. The results of the study show that public criticism of Shin Tae-yong not only reflects performance evaluation, but also contains emotional, social identity, and moral dimensions that are reinforced by media framing and digital culture. The discussion confirms that the shift from criticism to hate speech occurs when public expression is not managed ethically, while law enforcement on hate speech articles still faces interpretation problems. In conclusion, this verbal dispute reflects the complexity of Indonesia's digital democracy and the urgency of legal reform

The establishment of the age limit for children up to 18 years in Indonesian law is a normative instrument that aims to ensure legal certainty and child protection. This provision is adopted in various laws and regulations as a form of the state's commitment to fulfilling children's rights. However, in law enforcement practice, the application of this age limit often causes problems when faced with the dynamics of actual cases that reveal a discrepancy between the normative age and the social, psychological, and factual conditions of the child. This condition creates tension between the legal-formal approach that emphasizes legal certainty and the need for substantive justice oriented towards the best interests of the child. This study aims to analyze the problems of applying the age limit of 18 years in the context of actual cases and to examine how the tension between legal certainty and the reality of children is reflected in law enforcement practices in Indonesia. The research method used is normative legal research with a legislative and conceptual approach, as well as normative qualitative analysis. The results of the study show that the rigid application of the age limit for children has the potential to ignore the contextual aspects of children and give rise to inconsistencies in practice. Therefore, a more contextual legal approach is needed through strengthening the discretion of law enforcement officials and progressive interpretation by judges in order to achieve substantive justice and optimal protection for children.

This study examines the practice of reciprocity within the persatuan barang (goods-sharing) group during the implementation of the rewang tradition in Desa Banglas, Kecamatan Tebing Tinggi, Kabupaten Kepulauan Meranti. The main focus of the research is to identify the various forms of exchange that occur, whether in the form of money, goods, or labor. A narrative qualitative approach was used, with data collected through in-depth interviews, non-participant observation, archival review, and documentation of bookkeeping records. The subjects of this research are members of the persatuan barang group who actively participate in social and cultural events in the village. The findings reveal three types of reciprocity: generalized, balanced, and negative. Generalized reciprocity is evident in voluntary contributions without expecting immediate return, often practiced among close kin or neighbors. Balanced reciprocity is demonstrated through exchanges of equal value with a certain expectation of timely return, particularly during communal events like weddings or funerals. Negative reciprocity, although rare, involves unequal exchanges that may lead to social tensions or perceptions of unfairness. These findings indicate that the persatuan barang group functions not only as an informal economic mechanism but also as a cultural institution that fosters mutual assistance, reinforces social cohesion, and preserves traditional values. The exchange systems operate within an implicit moral economy that prioritizes collective welfare over individual gain. Additionally, the tradition of rewang and the organizational role of persatuan barang highlight the resilience and adaptability of indigenous practices in supporting rural livelihoods amid changing socioeconomic conditions. The study suggests that such local systems of reciprocity play a vital role in sustaining social capital, strengthening community identity, and ensuring social security in the absence of formal welfare structures. Further research is recommended to explore the long-term impact of these practices on community resilience and rural development.  

The global economic crisis has prompted developing countries, including the BRICS group (Brazil, Russia, India, China, and South Africa), to strengthen cooperation in creating a multipolar economic order as a form of resistance to Western domination. Mass media plays a crucial role in framing this dynamic. This study aims to examine how The Jakarta Post constructs the BRICS narrative through three main dimensions in Vincent Mosco's Political Economy of Communication theory: commodification, spatialization, and structuring. This study uses a descriptive qualitative approach, with data collection techniques in the form of documentation and analysis of news published in The Jakarta Post between June 18, 2024, and January 31, 2025. Data were categorized based on the type of information and main themes, then analyzed using Mosco's theoretical concepts. The results show that the commodification process occurs when geopolitical issues, such as Indonesia's opportunity to join BRICS, are transformed into media commodities appealing to elite readers and strategic economic actors. This practice also involves the contribution of experts, but often without equitable compensation. Spatialization is reflected in the real-time distribution of digital content that transcends geographical and temporal boundaries, strengthening the penetration of BRICS discourse into the international public sphere. Structuralization emerges in the narrative of building a new world order through BRICS agendas such as dedollarization, technological integration, and alternative payment systems, although it remains overshadowed by the dominance of Western financial institutions. Thus, media coverage not only represents geopolitical dynamics but also transforms strategic issues into information products with economic value, while revealing the tension between the aspirations of developing countries and established global hegemony.

Modernization, a global phenomenon, significantly impacts religious life, challenging religions to maintain their relevance amidst rapid social changes. This study aims to examine how religion, particularly Islam, can transform without losing its traditional essence, and to map the dynamics between tradition and modernity in religious practice. Employing a qualitative descriptive approach and library research methods, data were collected through literature review and analyzed thematically.The findings reveal a tension between tradition, perceived as a sacred heritage, and modernity, often suspected of introducing secular values. However, modernization also offers opportunities for religion to adapt through innovative outreach and reinterpretation of teachings. It is found that reinterpretation of religious teachings is crucial for contextual relevance, refreshing the understanding of universal values without altering the core doctrines. Furthermore, religion is not merely an object of modernization but also a vital actor in driving just social transformation, serving as a corrective force and an agent for civilizational development.In conclusion, religious modernization is an interactive process demanding responses from religious communities. The reinterpretation of doctrines is key to religion's ongoing relevance, and the synergy between tradition and transformation allows religion to remain pertinent and a moral guide in the globalized era.  

This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

This research examines the implementation of the principle of openness in the examination of cases in civil court proceedings in Indonesia, focusing on two main issues: (1) how the principle of openness is regulated and applied in civil court practices, and (2) what key obstacles hinder the implementation of this openness. The purpose of the study is to provide an in-depth overview of the mechanisms for implementing the principle of openness in the civil judicial process and to identify inhibiting factors that need to be addressed promptly in order to make the judicial system more transparent and accountable. This study employs a normative juridical method with a statutory and conceptual approach. Data were obtained through literature review, including legislation, legal doctrines, and relevant court decisions, and analyzed using a descriptive-analytical method. The findings indicate that the principle of openness is well accommodated normatively within Indonesia’s civil judicial system; however, its implementation still faces significant challenges, such as limited supporting facilities, inadequate dissemination among judicial officers, and the tension between protecting the privacy of parties and ensuring public access to information. To address these issues, improvements in technological infrastructure, human resource training, and internal policy revisions are essential steps to optimize the principle of openness in civil court proceedings.

Article 1 point 5 of Law Number 6 of 2014 defines a village as a legal community unit with the right to its origin. In its implementation, the village government may facilitate the establishment of traditional village institutions (LAD), which function to preserve customs and serve as partners in village governance. Todo Village in Manggarai Regency continues to uphold its traditional values through a functioning customary institution that plays a role as a stakeholder. However, modernization often creates tension between traditional values and modern societal demands. This research is a normative legal study supported by empirical data. The data were analyzed using a juridical-descriptive qualitative method, obtained through field research and other sources.The findings show that the traditional institution in Todo Village has adopted a more modern and administrative structure without losing its core functions in preserving local customs. It maintains a constructive partnership with the village government while each operates independently. Strengthening efforts include providing infrastructure, allocating village funds for traditional house maintenance, and establishing customary organizations to support development. However, challenges remain, especially due to the lack of specific regulations and the fact that Todo has not yet been officially designated as a customary village.