Publication Search

This article examines the handling of sexual harassment offenses within Indonesia’s criminal justice system, which faces complex challenges, particularly when restorative justice (RJ) is used as an alternative mechanism for case resolution. This study analyzes the implementation of RJ in sexual harassment cases at the Sleman Resort Police (Polres Sleman), referring to the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. The analysis focuses on how this policy is applied at the operational level and how its practice interacts with the normative provisions set forth in Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly prohibits non-judicial settlement for several categories of sexual violence. Using a qualitative approach through interviews, observations, and document analysis, the study finds that RJ continues to be applied at Polres Sleman despite its potential conflict with the prohibitions stipulated in the UU TPKS. At the operational level, the legal culture of police officers plays a significant role in encouraging the use of RJ, driven by pragmatic considerations such as efficiency in case resolution, social pressure from the community, and officers’ perceptions of the seriousness of sexual harassment cases. As a result, victims’ rights often fail to become the central focus, even though victimology emphasizes the importance of victim recovery and protection. The study concludes that regulatory harmonization, increased sensitivity of law enforcement officers toward sexual violence issues, and strengthened victim protection mechanisms are essential to ensure that the application of RJ does not undermine substantive justice.

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.  

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.

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.

In Islamic law, marriage registration is very significant for both legal and religious reasons. It is a crucial part of making sure that both the administrative duties of marriage and the safety of the family are protected. In Islamic law, marriage is not just a social contract but also a religious duty that necessitates adequate documentation to safeguard the rights of both parties involved. This paper seeks to investigate the notion of marriage registration through the lens of Islamic law, analyzing its function in protecting familial rights, providing legal safeguards, and performing administrative responsibilities. The study methodology utilized is a qualitative approach, incorporating a literature review and document analysis of Islamic legal texts and pertinent current legal systems. The results show that registering a marriage in Islamic law is important not just for making the marriage official, but also for getting legal recognition, avoiding conflicts, and making sure that family members, especially women and children, are safe under the law. The registration process also makes it clear what the marriage's legal status is and what it means for things like inheritance, custody, and other family issues. In conclusion, marriage registration is an important part of Islamic law that upholds justice, protects the family, and makes sure that the marriage is legally protected and accountable.

The background of this research aims to determine and analyze judges' perspectives on the application of customary law in resolving criminal cases at the Padangsidimpuan District Court. Customary law is an unwritten legal system that exists and develops within society and is often used as a consideration in deciding cases related to local values ​​and cultural wisdom. In the context of Padangsidimpuan society, which still strongly upholds customs and traditions, customary law often serves as a means of resolving social conflicts before they enter the formal legal realm. The research method used is empirical juridical, with data collection techniques through direct interviews with judges and document studies of several relevant court decisions. The results indicate that most judges at the Padangsidimpuan District Court view customary law as a complementary instrument to positive law, particularly in minor criminal cases with social and familial dimensions. Judges strive to consider customary values ​​to achieve substantive justice, without neglecting the principle of legality and statutory provisions. However, the application of customary law cannot replace positive law in its entirety; rather, it serves as a moral and social value that strengthens the community's sense of justice.

This article examines the legal ambiguities surrounding the status of civilians actively engaged in hostilities (civilian combatants) within the framework of International Humanitarian Law (IHL) and International Human Rights Law (IHRL). While the 1949 Geneva Conventions and the 1998 Rome Statute establish a clear demarcation through the distinction principle, the phenomenon of direct participation in hostilities (DPH) poses a significant legal challenge, as civilians forfeit their protected status upon taking part in combat. Using a normative-legal approach, this study analyzes how acts of violence committed by armed civilians can be categorized as war crimes, crimes against humanity, or gross human rights violations. The findings demonstrate that civilian status does not grant impunity for individuals who commit atrocities. Under the principle of individual criminal responsibility, the International Criminal Court (ICC) and national tribunals possess the jurisdiction to prosecute offenders, regardless of their formal military standing. Such legal enforcement is paramount to upholding the integrity of humanitarian principles and ensuring justice for victims within the landscape of modern armed conflict.

The rapid development of artificial intelligence technology, particularly deepfake, poses significant challenges to legal protection due to its potential misuse for identity manipulation, defamation, and other cybercrimes. This phenomenon highlights a gap between technological advancement and the readiness of legal regulations in Indonesia. This study aims to analyze forms of deepfake misuse and to assess the effectiveness of existing legal frameworks in providing legal protection and certainty. The research employs a normative legal method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The findings indicate that Indonesian positive law does not yet specifically regulate deepfake technology, resulting in law enforcement relying on general provisions of criminal law and the Electronic Information and Transactions Law. The implications of this study emphasize the urgency of regulatory reform and the formulation of adaptive legal policies to address digital technological developments in order to ensure legal protection and justice for society.

Taxes are the main source of state revenue and play a vital role in national development and public welfare. However, their effectiveness is highly influenced by the level of transparency and accountability in their management. This study aims to analyze the implementation of transparency and accountability principles in Indonesia’s taxation system, identify the existing forms of transparency inequality, and assess their implications for the principles of good governance. The research employs a qualitative approach through an analysis of various laws, regulations, and recent studies related to tax management. The findings indicate that transparency inequality still occurs in several aspects, such as limited public access to information, uneven implementation of tax digitalization across regions, and a lack of openness in reporting tax incentives. These conditions directly affect government accountability, public trust, and fairness within the national taxation system. Legally, such inequalities contradict the principles of public information disclosure, the justice principle stated in Article 23A of the 1945 Constitution, and the principle of equality before the law. This study recommends strengthening tax transparency regulations, integrating a national digital taxation system, and increasing public participation in fiscal oversight to establish a fair, accountable, and law-based tax governance framework.

Unequal access to population administration services remains a persistent governance challenge in archipelagic and geographically constrained areas, where spatial dispersion, limited connectivity, and high mobility costs systematically hinder citizens’ ability to obtain legal identity documents. In island regions, weak sea transportation networks, weather-dependent travel, and long distances to administrative centers reduce the feasibility of conventional, office-based service delivery, producing administrative exclusion that undermines equal citizenship. These barriers also intersect with socio-administrative realities, including the prevalence of unregistered marriages (nikah sirri), which constrains civil registration processes and delays the formal recognition of marital status and household composition within population administration systems. Against this backdrop, this review article aims to synthesize reputable scholarly literature on pelayanan jemput bola (mobile/outreach public services) as a policy strategy to advance service inclusivity and administrative justice in population administration, particularly for geographically marginalized communities. Methodologically, the article employs a thematic–conceptual literature review, systematically identifying and analyzing peer-reviewed journal articles and conference proceedings published primarily within the last five to ten years across recognized academic databases. The synthesis identifies key rationales and conceptualizations of outreach services, maps major implementation models (mobile units, community-based outreach, integrated one-stop outreach, and hybrid outreach–digital arrangements), and consolidates recurrent success factors, including local state capacity, inter-actor coordination, frontline discretion, and policy support. It also highlights persistent challenges such as logistical uncertainty, resource constraints, uneven digital readiness, and governance fragmentation across island territories. The article concludes that mobile/outreach population administration services can substantially improve equitable access to legal identity and strengthen civil rights realization in archipelagic contexts, but only when embedded in capacity-building and geography-sensitive governance arrangements. By integrating fragmented strands of scholarship, the review offers a conceptually grounded framework and policy-relevant implications for designing sustainable and just population administration reforms in island regions.

This study discusses the implementation of hadiths regarding the responsibilities of educators in the professional policies of Madrasah Ibtidaiyah (MI) teachers. Hadiths emphasize that teachers have a moral and spiritual mandate to educate and shape the character of students in accordance with the standards of educators. This study aims to analyze the relationship between the values of professional responsibility and the values of educators' responsibility in the hadith with the standards of professionalism for MI teachers. The method used is a qualitative approach through a literature study of hadith books, Islamic education books, and education policy documents. The results of the study show that the values of trustworthiness, exemplary behavior, justice, and sincerity in the hadith are in line with pedagogical competence and professionalism as moral and religious obligations. The implication is that the integration of hadith values is important in the development of MI teachers in order to create competent educators with Islamic character

This research aims to analyze the implementation of land acquisition policies in Sorong City from the perspective of social justice for indigenous peoples, and to evaluate the extent to which customary rights are accommodated in the development process. The research method is a mixed-methods study with an embedded design. The qualitative approach was the primary instrument, using in-depth interviews with five key speakers, including land authorities and representatives of the Malaloi Indigenous Peoples Institution (LMA). Quantitative approaches are used only in correlation analysis to reinforce qualitative findings. The study's results show a "Paradox of Justice" in Sorong City. Procedurally, the land acquisition policy has been effective in accordance with Law Number 2 of 2012, supported by a strong statistical correlation between land acquisition and social justice. However, substantively, justice for indigenous peoples has not been fully achieved because the involvement of indigenous leaders in deliberations is often considered a mere administrative formality. The highest correlation between indigenous peoples and social justice confirms that the recognition of customary rights is the main determinant of justice in public policy. The main obstacles identified include difficulties in the administrative documentation of customary lands and paradigmatic differences between the government's materialistic values and the sociocultural values of indigenous peoples. The theoretical implications of this study confirm the importance of communication factors and the disposition of implementers in the implementation of policies in customary territories. In practice, the government needs to reformulate deliberations based on local values and the structural recognition of customary rights.

Land ownership disputes without rights are a common land issue that disrupts legal certainty for legitimate landowners. Although the national land law system has regulated land registration and the issuance of certificates as forms of legal protection, in practice conflicts are still found between physical possession and legal ownership. This research aims to analyze the legal status of the rightful landowner and the forms of legal protection in land ownership disputes without rights. The research method used is normative legal research with a statutory approach and a conceptual approach, examining Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997, and Government Regulation Number 18 of 2021. The research results show that land ownership certificates have strong evidentiary power and place the legitimate landowner in a more protected legal position, while unauthorized land possession does not gain legal legitimacy and can be qualified as an unlawful act. Therefore, legal protection for legitimate landowners must be consistently enforced to achieve legal certainty and justice in the field of land ownership.

The rapid development of digital technology has increased the risk of song copyright infringement, thereby requiring effective and adaptive law enforcement mechanisms. Song copyright, as part of intellectual property rights, is protected under Law Number 28 of 2014 on Copyright, with certain infringements classified as complaint-based criminal offenses. This study aims to analyze the handling of criminal cases of song copyright infringement by Civil Servant Investigators at the Regional Office of the Ministry of Law in West Java and to evaluate the effectiveness of their enforcement practices. The research employs a normative-empirical method with a descriptive-analytical approach, combining statutory analysis with empirical data obtained through interviews and field observations. The findings reveal that case handling is conducted through structured stages, including complaint submission, preliminary examination, mediation, and follow-up actions. Mediation constitutes the primary mechanism for dispute resolution, reflecting the application of the ultimum remedium principle and a restorative justice approach. Although the procedural framework has been implemented in accordance with applicable regulations, enforcement effectiveness remains constrained by limited human resources, budgetary limitations, insufficient technical capacity, low public legal awareness, and inadequate inter-agency coordination. These results underscore the importance of strengthening institutional capacity and enhancing enforcement effectiveness to ensure sustainable protection of song copyright.

Employee affective commitment is a critical factor for workforce retention and service quality in healthcare organizations, particularly among nurses who represent the largest professional group in hospitals. Kemayoran X Hospital has experienced persistently high nurse turnover rates, indicating potential deficiencies in affective commitment. This study aimed to examine the influence of perceived organizational support and organizational justice on nurses’ affective commitment, with work engagement serving as an intervening variable. A quantitative cross-sectional design was employed, involving 125 staff nurses at Kemayoran X Hospital selected through purposive sampling. Data were collected using structured self-administered questionnaires distributed via Google Forms and analyzed using Structural Equation Modeling–Partial Least Squares (SEM-PLS). The results demonstrated that perceived organizational support, organizational justice, and work engagement simultaneously exerted a significant effect on affective commitment. Furthermore, perceived organizational support and organizational justice showed significant positive effects on work engagement, which in turn significantly influenced affective commitment. Mediation analysis confirmed that work engagement partially mediated the relationships between perceived organizational support and affective commitment, as well as between organizational justice and affective commitment. These findings indicate that nurses who perceive fair treatment and strong organizational support are more likely to be engaged in their work and emotionally committed to their organization. In conclusion, strengthening organizational support systems, ensuring fairness in decision-making processes, and fostering work engagement are essential managerial strategies to enhance nurses’ affective commitment and reduce turnover in hospital settings.

Gender-based and age-based violence targeting women and children continues to pose a serious challenge to human rights protection in Indonesia. As the principal duty bearer, the state bears the obligation to respect, protect, and fulfill victims' rights through effective protection mechanisms, one of which is the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA). This research analyzes the contribution of UPTD PPA Bandung City in fulfilling the human rights of victims of violence against women and children and maps the obstacles encountered in operational service delivery. The study utilizes a juridical-empirical method with a descriptive-analytical approach. Primary data were gathered through in-depth interviews with UPTD PPA Bandung City representatives in November 2025, whereas secondary data were derived from the examination of legal regulations and relevant scholarly literature. Research findings reveal that UPTD PPA Bandung City managed 382 cases in 2025 by providing complaint mechanisms, assessment procedures, legal and psychological support, counseling services, and shelter facilities. These services demonstrate normative compliance with national legislation and human rights principles, particularly concerning protection, rehabilitation, and access to justice. Nevertheless, service delivery encounters several challenges, including insufficient human resources and facilities, underreporting by victims, and suboptimal cross-institutional coordination. Consequently, strengthening institutional capacity, ensuring adequate infrastructure, developing integrated standard operating procedures, and establishing regional regulatory frameworks are essential to guarantee effective and sustained fulfillment of victims' rights.

Premeditated murder is a severe crime characterized by prior planning (voorbedachte raad), making the proof of premeditation crucial in criminal justice. This element is linked to the mental state of the perpetrator, which cannot be directly proven but must be inferred from objective facts and events. Legal proof often focuses on the elements of Article 340 of the Criminal Code, overlooking criminological aspects such as motives, background, and the process of intent formation. This study analyzes how premeditation is proven in murder cases from a criminological perspective and evaluates the relevance of criminological approaches in judicial deliberations. Using a normative legal method with statutory, conceptual, and case approaches, supported by philosophical, sociological, and criminological studies, the research finds that proving premeditation requires more than legal indicators like time delay, tool preparation, and structured actions. It also involves understanding the perpetrator's psychological, social, and situational factors. A criminological perspective helps explain the formation of criminal intent, offering a more comprehensive view of premeditation. Integrating criminology into judicial decisions can enhance evidence quality, leading to more substantive and just outcomes.

This article explores the concept and implementation of restorative justice in Indonesia, an approach currently at a crucial crossroads within the criminal justice system. Rather than solely focusing on punishment, restorative justice offers a path towards repairing relationships between victims, offenders, and the community, seeking solutions oriented around conflict resolution. Through comprehensive analysis, this paper identifies the philosophical foundations and regulations supporting the adoption of restorative justice, while dissecting the dynamics of its application across various levels of legal processes in Indonesia. However, this noble endeavor is not without its challenges, ranging from institutional resistance and uneven understanding to harmonization with the conventional criminal law framework. Behind every case lies a human story yearning for more substantive justice. Therefore, this article argues that the success of restorative justice does not merely lie in its legal umbrella, but in our ability to understand and embrace the human dimension in every dispute resolution process. Consequently, this paper recommends adaptive and collaborative strategies to strengthen the role of restorative justice, ensuring it can guide our criminal justice system towards a more just and dignified future for all parties.

This study explores the reconstruction of the abolition of compensation payments to foster justice for convicts, specifically evaluating the intersection between Law No. 31 of 1999 and Law No. 20 of 2001. The research addresses the persistent legal dilemma where state loss recovery mechanisms often overlook the fundamental rights and socio-economic realities of prisoners. Under the current regime, the imposition of substitute imprisonment for unpaid financial obligations is perceived as a "layered punishment" that undermines human dignity and fails to reflect proportional justice. The analysis reveals that the retributive orientation established in Law No. 31 of 1999 results in a "lose-lose" outcome: the state remains uncompensated while the financial burden of correctional costs increases due to extended incarceration. By integrating the fiscal and state financial management principles found in Law No. 20 of 2001, this research proposes a shift toward more proportional and restorative asset recovery. The study concludes that the role of the Prosecutor must be reoriented toward accurate asset tracing and the implementation of humane payment schemes. Future legal reforms must ensure that the state's interest in fiscal restoration does not sacrifice the convict's basic rights, prioritizing distributive justice to create a more humane anti-corruption framework.

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.