Publication Search

The president's prerogative is a form of power inherent in the president's position as head of state. One form of this prerogative is the granting of abolition, which is the abolition of legal proceedings against a person or group of people who are or will undergo judicial proceedings. However, in its implementation, the president's authority to grant abolition is not absolute, but is limited by the applicable legal provisions and constitutional mechanisms. This study aims to analyze the limits of the president's power in exercising the prerogative in the form of abolition and review the juridical aspects that govern the procedure and its considerations. The research method used is normative juridical research with a statutory approach and a conceptual approach. Data sources are obtained from relevant laws and regulations, legal literature, and scientific works. The results of the study show that the president's authority in granting abolition is regulated in Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which requires the president to pay attention to the considerations of the House of Representatives (DPR). Thus, this authority is not an absolute prerogative, but is limited by the principle of checks and balances in the Indonesian constitutional system. The conclusion of this study emphasizes that the restriction is a form of constitutional supervision over the use of presidential power to remain in line with the principles of the rule of law and constitutional democracy

This article examines the complex interactions between the military and civil society in regions affected by conflict, approached from a sociological-legal perspective. The study seeks to understand how military power influences civil society, the ways in which legal and social legitimacy are established, and how local communities respond to military presence and control. Employing a qualitative case-study methodology, the research utilized in-depth interviews with community members and military personnel, extensive field observations, and detailed analysis of relevant legal documents. The findings reveal that military power structures significantly impact civil rights, security, and social dynamics, with interactions ranging from cooperative engagement to open conflict. Furthermore, the legitimacy of military actions is closely linked to factors such as operational performance, transparency, accountability, and social acceptance by local populations. Based on these insights, the article argues for the importance of improving communication channels between military forces and communities, integrating formal legal frameworks with local norms and practices, and actively involving community members in security and governance programs. These measures are proposed as strategies to enhance the legitimacy of military operations, reduce conflict, and promote long-term social stability. The study contributes to the broader understanding of civil-military relations by highlighting the sociological and legal dimensions of military influence in conflict-affected areas.

Land conversion associated with renewable energy expansion generates profound socio-cultural transformations in agrarian communities. This study aims to analyze how wind power development reshapes agrarian identity, social capital configuration, and the meaning of land within rural society from an anthropology of development perspective. This research applies qualitative literature-based analysis supported by recent peer-reviewed scholarship on land use change, rural transformation, social capital, and political ecology. Conceptual synthesis integrates sustainable livelihood framework, identity negotiation theory, and energy landscape analysis to construct an interpretive analytical model. Findings indicate that agricultural land conversion produces deagrarianization, occupational shifts, and reconfiguration of social stratification. Land is redefined from a genealogical and productive space into infrastructure and investment asset. Social capital grounded in kinship networks, customary institutions, and local organizations functions as a resilience mechanism through risk redistribution, collective solidarity, and participatory negotiation. Energy landscapes restructure symbolic and material relations between community and territory, generating both hybrid identities and conflict dynamics. Inclusive governance determines whether renewable energy fosters adaptive transformation or deepens commodification and exclusion. Renewable energy transition in rural areas requires socio-cultural recognition beyond technical implementation. Integrating local identity, participatory governance, and community ownership strengthens just and sustainable transformation pathways.

In this study, advocates are guaranteed legal protection to implement the right to defence in criminal cases.   to learn how criminal advocates are protected if they enforce the law.   The privilege of immunity shields advocates from civil or criminal litigation for good faith work inside and outside the court.   This study uses normative juridical research, which examines current laws and regulations.   Analysis of relevant legislation is needed for this research.   According to the study, Article 16 of Law Number 18 of 2003 concerning Advocates does not adequately describe advocates' immunity rights.   Lack of clear explanations of protection types, rights constraints, and good faith between advocates and other parties may lead to power abuses.   More extensive norms that are in keeping with other articles of the law are needed to apply advocates' immunity rights proportionately, guaranteeing freedom in performing their profession while maintaining society's and justice's legal interests.

The development of financial technology has driven significant transformations in the non-cash payment system in Indonesia, one of which is through the use of the Quick Response Code Indonesian Standard (QRIS). The use of QRIS in civil transactions relates not only to the technical aspects of payments but also has legal implications in the civil realm, particularly regarding the application of the principle of consensualism and the status of electronic evidence in the Indonesian civil procedural law system. This study aims to analyze the application of the principle of consensualism in QRIS e-payment transactions as electronic evidence in civil procedural law. The research method used is normative legal research with a statutory and conceptual approach. The results indicate that QRIS transactions meet the principle of consensualism due to the agreement of the parties, and QRIS can be qualified as a valid electronic document as long as it meets the requirements for electronic system reliability and information integrity as stipulated in laws and regulations. However, the evidentiary power of QRIS is not perfect and requires the support of other evidence, with the final assessment resting with the judge based on the principle of independent evidence in civil procedural law.

The abuse of authority by public officials within Indonesia’s governmental administration has become an increasingly urgent issue to address. Such misconduct undermines the fundamental principles of good governance  including transparency, accountability, and justice which are essential for ensuring efficient and effective government operations. This study aims to conduct an in-depth analysis of the forms of abuse of authority by public officials, the factors influencing such behavior, and its impact on the effectiveness of governance and public trust. The research employs a normative approach with a prescriptive legal method, analyzing legislation related to the abuse of authority as well as a case-based approach to explore the implementation of authority by public officials in governmental practice.The findings indicate that abuse of authority may occur in various forms, such as exceeding the limits of granted power, conflating different authorities, or acting arbitrarily for personal or group interests  all of which contradict the principle of legality governing governmental actions. Moreover, such practices negatively affect the quality of public services and tarnish the image of governmental institutions. The study also finds that although Law No. 30 of 2014 on Government Administration provides a clear legal framework, its implementation remains hindered by weak internal and external oversight systems. Therefore, this research recommends strengthening more effective supervision mechanisms, enhancing transparency in administrative decision-making processes, and involving the public in monitoring efforts to ensure that public officials exercise their authority in accordance with established objectives in pursuit of a clean and just government.

This study examines the urgency of regulating the nominal limit of restitution in criminal case resolution through a restorative justice approach from the perspective of legal certainty. Restorative justice in Indonesia is governed by PERKAP No. 8 of 2021, PERJA No. 15 of 2020, and PERMA No. 1 of 2024. However, none of these regulations explicitly stipulate the nominal limit of compensation payable to victims. The absence of such a provision potentially leads to legal uncertainty and unfair practices, particularly in cases where resolution depends on the offender's ability to pay restitution. This research adopts a normative juridical method using statutory and conceptual approaches. The study aims to analyze the necessity of regulating nominal limits and how such limits should be determined under the prevailing legal framework. The findings reveal that the lack of clear restitution limits hampers the effective implementation of restorative justice, undermines fairness, and fails to adequately protect victims' rights. Legal regulation of compensation limits is necessary to ensure legal certainty, prevent abuse of power, and uphold justice in the victim recovery process. The study recommends that the state promptly establish clear restitution limits through revision of existing regulations or formulation of new ones, taking into account the principles of justice, the offender’s financial capacity, and the proportionality of the victim's losses.

This study investigates collaborative governance in road infrastructure repair in Pekanbaru City, Riau Province, driven by the urgent need to address the high number of damaged roads and the limitations of local government capabilities. Utilizing a qualitative method with a descriptive approach, data were gathered from interviews with five stakeholders, field observations, and supporting documents. The study applies collaborative governance theory by Emerson and Nabatchi to analyze road repair efforts in Pekanbaru, highlighting effective collaborative dynamics. Key findings reveal the establishment of a Coordination Team, role clarity, trust, and commitment among stakeholders as factors of success. Essential contributing elements include shared cooperation needs, consequential incentives, leadership support, and sufficient resources. However, challenges such as a volatile political climate, unequal information distribution, and power imbalances pose barriers to collaboration. Overall, the study concludes that collaborative governance in Pekanbaru's road infrastructure enhancement has yielded positive outcomes but calls for improvements in transparency, communication strategies, and the establishment of an integrated information system for effective progress monitoring. Additionally, independent oversight mechanisms are recommended to sustain equitable role distribution and responsibilities among all parties involved.

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.

This study aims to analyze the regulation and implementation of the authority to test laws and regulations (judicial review) in the Indonesian state system based on the 1945 Constitution of the Republic of Indonesia. This study applies a normative juridical method using three main approaches, namely the statute approach, the conceptual approach, and the historical approach. The legal data collected includes primary, secondary, and tertiary legal materials, which are then reviewed through qualitative analysis. The results of the study show that normatively the division of judicial review authority between the Supreme Court and the Constitutional Court has been expressly regulated in Article 24A paragraph (1) and Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The Supreme Court is given the authority to test regulations under the law against the law, and the Constitutional Court is given the authority to test laws against the 1945 Constitution. This division of authority is a manifestation of the principle of separation of powers and the mechanism of checks and balances after the third amendment to the 1945 Constitution. However, in practice, this two-roof judicial review system tends to give rise to conceptual and practical problems, such as overlapping authority and differences in decisions between the Supreme Court and the Constitutional Court which have the potential to create legal uncertainty and reduce public trust in the judicial institution. Therefore, it is necessary to reorganize the authority of judicial review by strengthening coordination between institutions or unifying the authority of judicial review which is centered on one institution only in order to guarantee legal certainty, harmonization of norms, and supremacy of the constitution in the Indonesian state system.  

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 article examines Indonesia’s public policy on personal data protection in light of Law No. 27/2022, which mandates the establishment of an independent Personal Data Protection Authority (PDP Authority). Despite this legal requirement (Article 58 UU PDP), no such institution has been formed. As a result, there is currently no supervisory authority with the mandate to audit compliance, impose administrative sanctions, or resolve data protection disputes. Enforcement of the law has thus remained reactive rather than preventive, with violations prosecuted only after harm occurs. Experts warn that without a strong implementing agency, deterrence is weak: administrative sanctions cannot be effectively applied and punished violations continue unchecked. Cybersecurity analysts even describe this gap as a national digital protection crisis, as personal data leaks (e.g. millions of citizens’ records exposed in recent breaches) continue unabated. Using a normative legal research approach and literature review, this study analyzes how the lack of the mandated PDP Authority undermines the effectiveness of data protection in Indonesia. The article reviews relevant legal theory on regulatory independence and deterrence, and compares with international best practices (e.g. EU/GDPR). We find that the absence of the agency creates serious implementation gaps, and we urge the government to immediately form the PDP Authority and clarify its powers.

Gender inequality in Indonesian politics forms part of broader structural and cultural dynamics that shape women’s positions in the public sphere. In historical studies, the thought of R.A. Kartini is often interpreted primarily as a symbol of educational and moral emancipation, while the political dimension of her ideas receives limited attention. This study aims to examine Kartini’s political thought as reflected in her letters, positioning her as a political subject who articulated critiques of social structures, customary norms, and patriarchal power relations through non-formal means. This research adopts a qualitative approach with a library-based research design. The data are derived from an analysis of Kartini’s letters compiled in Door Duisternis tot Licht and supported by relevant academic literature. A descriptive-analytical method with a thematic approach is employed to explore political ideas and discourses embedded in the texts. Kartini’s thought in this study is understood as a form of political awareness that extends beyond individual emancipation and relates to broader issues of women’s political participation. This research contributes to the study of women’s politics by offering a historical perspective that places women as political subjects.

This study aims to identify and analyze forms of social pathology in Haruki Murakami’s The Wind-Up Bird Chronicle. Employing a qualitative content analysis approach, the research examines how historical violence and trauma, abuse of power, and existential alienation are represented through the novel’s narrative structure, characters, and symbolic elements. The findings indicate that these three categories are interconnected, forming a systemic pattern of social dysfunction rooted in institutional failure, historical memory, and individual psychological pressure. The depiction of war highlights collective trauma, while both physical and symbolic forms of domination illustrate distorted power relations. Furthermore, the motif of alienation reflects the psychological consequences of social instability and disrupted interpersonal bonds. The study aligns with previous research on trauma and deviance in Murakami’s works and strengthens the view of literature as a critical medium for reflecting modern social conditions.

This research analyzes the Indonesian government’s policy responses to combating Illegal, Unreported, and Unregulated (IUU) Fishing in the Arafura Sea during 2023-2024, focusing on the case of the Run Zeng 03 and Run Zeng 05 vessels. These foreign-flagged vessels, owned by a Chinese company but registered under the Russian flag, were involved in illegal fishing and human rights violations against Indonesian fishery crew members. Using a qualitative descriptive approach supported by literature studies and official government data, this research analyzes how Indonesia implemented its maritime sovereignty through legal enforcement, inter-agency coordination, and international maritime diplomacy. The findings reveal that Indonesia’s measures, such as vessel monitoring AIS/VMS technology, law enforcement through arrests and seizures, and diplomatic engagement with flag states reflect a progressive but still reactive approach. The study identifies key challenges, including limited foreign authorities. This research highlights the need for an integrated policy framework that combines hard power (law enforcement and patrols) with soft power (international cooperation, economic diplomacy, and labor protection). The study concludes that a comprehensive and collaborative approach is essential to strengthen maritime governance and ensure sustainable, equitable management of Indonesia’s marine resources.

State institutions play a primary role in governing and exercising power within a country. Indonesia, as a unitary state with a republican system, regulates the state's institutional structure through the 1945 Constitution, which serves as the supreme legal basis and guideline for state administration. The function of state institutions is to ensure that all aspects of government are implemented in accordance with the principles of law, justice, and public welfare. The state is not only considered a legal entity but also a social entity with specific functions and logic. The state's objectives are directed at balancing government power and citizen rights and accommodating the interests of individuals and the wider community. Following the amendments to the 1945 Constitution, Indonesia's institutional system underwent significant changes with the establishment of independent institutions that strengthen democracy, transparency, and accountability. Understanding the state's foundations, the requirements for formation, the form and system of government, and the relationships between institutions is crucial for maintaining Indonesia's constitutional order. Furthermore, public respect for state symbols and institutions contributes to strengthening unity and political stability, and realizing the ideals of a sovereign and prosperous nation.

The phenomenon of authority trap occurs when local governments are burdened with achieving SDG 7 (“Affordable and Clean Energy”) targets without being granted adequate authority and resources. This study examines the context of West Java Province and Bandung City, which face complex clean energy governance due to fragmented authority across levels of government. At the national level, Government Regulation No. 40/2025 reinforces emission reduction and the transition toward Net-Zero Emissions by 2060. West Java has established RUED No. 2/2019, which sets a minimum renewable energy share of 17% by 2025. However, the technical responsibilities for implementation (such as electrification and energy conservation) lie at the regency/municipal level. The analysis highlights fiscal disparities, PLN’s dominance, and national regulations that override local authority. Local innovations such as rooftop solar PV, solar-powered street lighting, the Green Building Mayor Regulation, and PPP schemes are evaluated for their effectiveness. This qualitative study combines policy document analysis and literature review. The findings show that the absence of strong local regulation (regulatory void) and the central dominance of PLN reinforce the authority trap, hindering synergy among stakeholders. The recommendations emphasize strengthening institutional collaboration, aligning local and national regulatory frameworks, and promoting innovative financing mechanisms to enable Bandung City to break free from the authority trap in achieving SDG 7 targets.

This study stems from a classic question in the study of political hadith regarding leadership, specifically the hadith "The Imams are from Quraysh," which is often understood textually as requiring leaders to be from the Quraysh tribe. This kind of understanding often stops at the normative and historical level, without considering the socio-political context of modern society, which is fundamentally different from the early Islamic era. As a result, a gap emerged between the moral message of the hadith and the reality of the leadership system in democratic countries like Indonesia. This research aims to reanalyse the meaning of hadiths about Quraysh and non-Quraysh leadership, and to trace their relevance to the concept of state leadership in the Indonesian constitutional system, placing Islamic political theory and modern leadership theory on an equal footing (theory = theory). This research employs a qualitative approach based on library research, with the primary sources being political hadiths and classical references such as al-Ahkam al-Sulthaniyyah by al-Mawardi, supplemented by contemporary literature on the modern Indonesian government system. The analysis was conducted using comparative methods and content analysis to explore the commonalities and differences between the concept of Imamah in Islam and leadership in modern democratic systems. The research findings indicate that the hadith about Quraysh leadership cannot be understood rigidly as a limitation of lineage, but rather as an ethical guideline emphasising the principles of justice, trust, responsibility, and public interest. The ethical values in the hadith align with the basic principles of the presidential system in Indonesia, such as public accountability, limitation of power, and popular sovereignty, as regulated in the 1945 Constitution. Despite challenges such as corruption, the politicisation of religion, and weak leadership morality, the values of the hadith remain relevant if translated into public norms and modern governance practices. This research confirms that leadership in Islam and Indonesian democracy can complement each other, with Islam providing a moral and spiritual foundation, while democracy offers the legal and political structure to realise it.

The culture of patronage is a key characteristic of Indonesian political dynamics, having developed from the pre-colonial era to the contemporary democratic era. Despite decentralization and political reforms in Indonesia, patronage practices persist through relationships between political elites, bureaucracy, business actors, and communities, particularly at the local level. This study analyzes patronage using Pierre Bourdieu's Social Practice Theory framework, which emphasizes the interaction between habitus, capital, and the arena as factors shaping social practices. The method used is descriptive qualitative research with data collection techniques through desk studies, which allows researchers to examine various academic literature to build a comprehensive conceptual analysis. The research findings indicate that internalized political habitus, the accumulation of economic, social, cultural, and symbolic capital, and a competitive local political field are key elements in perpetuating patronage. Patronage is not merely a transactional political practice, but a social structure that is continuously reproduced and impacts the politicization of bureaucracy, the strengthening of oligarchy, power inequality, and the vulnerability of the poor to political manipulation. This research confirms that efforts to strengthen democracy in Indonesia require transformation of the political habitus of society, bureaucratic reform, and restrictions on the dominance of economic actors in the political arena to break the entrenched patron-client chain.

Notarial deeds as authentic instruments hold a crucial role in Indonesia’s civil law evidence system, providing perfect proof under Article 1868 of the Civil Code. However, in practice, such deeds are often denied by one party in court, raising debates about the certainty of their evidentiary power. This study examines the legal consequences of denying a notarial deed for the parties in litigation and the assurance of legal certainty for those holding such deeds. Using R. Soeroso’s Theory of Legal Consequences and Jan Michael Otto’s Theory of Legal Certainty, this normative juridical research employs statutory, conceptual, analytical, and case approaches, with literature-based data collection and interpretative legal analysis. The findings reveal that denial of a notarial deed may create new legal relationships, alter good-faith relations into disputes, and result in sanctions imposed by court rulings. Meanwhile, legal certainty remains guaranteed, as authentic deed regulations are clear, binding, and enforceable, serving as a guideline in resolving disputes and upholding sanctions.