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The enactment of Law No. 1 of 2023 concerning the Criminal Code (KUHP) has brought a number of controversies, one of which is related to the revival of provisions regarding the criminal act of insulting the President and Vice President. This article aims to critically examine these provisions in the perspective of the freedom of expression guaranteed by the Indonesian constitution and international human rights instruments. This research uses a normative juridical approach with an analysis of the norms in the new Criminal Code, the 1945 Constitution, as well as international treaties such as the International Covenant on Civil and Political Rights (ICCPR). The results of the study show that although the provision of insulting the President in the Criminal Code is only referred to as a complaint offense and is framed to protect the dignity of state institutions, the provision still has the potential to limit freedom of opinion excessively. In addition to risking opening a loophole for criminalization of legitimate public criticism, this rule also has the potential to contradict the principles of non-discrimination and accountability of public officials in a democratic country. Therefore, an in-depth evaluation of the formulation of norms and their application is needed so that they do not conflict with the spirit of democracy and the protection of human rights.   Keywords: , , , , .

The 1945 Constitution of the Republic of Indonesia states that every Indonesian citizen has the right to a clean and healthy living environment. Unsustainable development and exploitation of natural resources have led to a drastic decline in the quality of the living environment in Indonesia. This has resulted in environmental damage, such as pollution and loss of biodiversity. One important instrument in the effort to protect the environment is environmental law, which is regulated by Law Number 32 of 2009 concerning the Protection and Management of the Living Environment (Environmental Protection Law). Although the Environmental Protection Law provides a comprehensive legal framework, law enforcement in the field still faces several issues, such as limited resources and low legal awareness. In such situations, community participation can be strategically utilized to enhance the efficiency of environmental monitoring and law enforcement. The aim of this research is to descriptively examine the function of community participation in environmental law enforcement as regulated by the Environmental Protection Law, as well as to analyze how effective and challenging its implementation is.

The ratification of the new Criminal Code (KUHP) through Law Number 1 of 2023 marks an important milestone in the history of Indonesian criminal law. The new Criminal Code replaces the colonial product that has been in place for more than a century and brings significant updates, especially in the regulation of gender-based crimes such as sexual and psychological violence. The recognition of these forms of violence is a response to the demands of civil society and is part of Indonesia's commitment to international human rights instruments. However, the effectiveness of such arrangements still faces serious challenges, such as the narrowness of the criminal formulation, the high burden of proof, and the potential for gender bias in the criminal justice system. In this context, criminal law should not only be a means of repression, but also carry out preventive and protective functions through holistic criminal policies. An integrative approach that combines penal and non-penal strategies is important to address the complexity of gender-based violence that is structural and multidimensional. This article aims to critically evaluate the provisions of the new Criminal Code related to sexual and psychological violence in the perspective of gender-responsive criminal policy. The evaluation was carried out taking into account the principles of restorative justice, the protection of victims' rights, and the need for social transformation that supports equality and non-discrimination. The results of this study are expected to be an input for the improvement of a criminal law system that is fairer and on the side of victims, especially women and other vulnerable groups.

This study explores the tension between freedom of expression and the enforcement of criminal law in the digital space, using a case study of political memes depicting national figures Prabowo Subianto and Joko Widodo in a satirical context. The case sparked controversy after law enforcement authorities applied morality provisions from Indonesia's Electronic Information and Transactions Law (UU ITE), which many experts consider irrelevant to the substance of the content. Employing a qualitative approach through literature review, the analysis is framed within three theoretical perspectives: Constitutional Democracy Theory, Human Rights Theory, and Criminal Law Theory. The findings reveal that the application of ambiguous provisions in the UU ITE to digital expression has the potential to violate the rule of law, restrict civil liberties, and create a chilling effect on citizens' political participation. Consequently, this study recommends legal reform and the enhancement of digital literacy as strategies to strengthen constitutional democracy in the digital era.

Pretrial is an important instrument in the Indonesian criminal justice system that serves as a control mechanism against arbitrary actions of law enforcement officials, especially in the determination of suspect status. This study aims to analyze the effectiveness of pretrial institution in overturning invalid suspect determination and its impact on the protection of human rights and legal certainty. The method used is normative legal research with legislative approach and case study. The results of the study show that although pretrial has been strengthened through Constitutional Court Decision No. 21/PUU-XII/2014, in practice its effectiveness is still limited due to inconsistency of decisions, lack of access to investigation documents, and potential abuse by certain parties. Pre-trial decisions that invalidate suspect determinations have a substantive impact in upholding the principle of presumption of innocence and due process of law. However, in order for it to function optimally, reform of KUHAP, training of judges, digitization of the judicial process, and strong public oversight are required. Thus, pretrial can play a strategic role in maintaining substantive justice and the integrity of the legal system in Indonesia.

Corruption is an extraordinary crime with systemic impacts on a nation’s political, economic, and social stability. Various countries adopt different penal approaches to combat corruption, including Indonesia and China. This study aims to analyze and compare the effectiveness of criminal penalties in addressing corruption in both countries. The research uses a normative-juridical and comparative approach by examining legislation, empirical data, and relevant case studies. In Indonesia, the implementation of criminal sanctions tends to be more moderate, with imprisonment and fines being the dominant forms of punishment. However, enforcement faces challenges such as weak institutional independence and political interference. In contrast, China enforces much harsher penalties, including life imprisonment and the death penalty, as part of its "zero tolerance" anti-corruption policy supported by centralized political power. The findings show that although China’s repressive approach appears more stringent, the success in curbing corruption is not solely determined by the severity of the punishment. Instead, it also depends on the consistency, transparency, and integrity of the legal enforcement system. This study recommends that Indonesia reform its criminal policy to be firmer while still upholding principles of human rights and justice.

The Islamic ethics of war are an important part of Sharia teachings, emphasizing that moral and humanitarian principles must be upheld during times of conflict. Islam does not view war as an ultimate goal, but rather as a last resort for defending justice, fighting oppression, and protecting people from real threats. In this context, the Quran and the sayings of the Prophet Muhammad (PBUH) provide clear guidelines for Muslims to follow when engaging in war. These include prohibitions against killing non-combatants, such as women, children, and the elderly. They also prohibit dangerous public institutions, worship, and neighborhoods. Muslims are also obligated to treat prisoners of war humanely. The Qur'an and Hadith clearly regulate the treatment of prisoners of war, emphasizing the principles of justice, respect for humanity, and the rights of individuals in the midst of warfare. Understanding and applying Islamic war ethics invites Muslims to avoid an aggressive attitude and to use war as a means of defending noble values while maintaining human dignity. This research uses the thematic method to analyze hadiths about war. The results of this research are broadly covered in three areas: the definition of war, the prohibition of cruel actions in war, and war strategies. The results of the research are expected to provide insight as well as a foundation for further discussion.

The application of safety is an important matter in carrying out activities inland transportation including railroad transportation. Jabodetabek travel routes are handled directly by PT. Kereta Komuter Indonesia. This activity certainly requires a lot of human labor so safety is very important in this regard. With the existence of safety arrangements, it will avoid any related things from accidents or losses due to the delay in the completion of work caused by the inaccurate company safety management system. Therefore each element involved in each activity requires further knowledge and understanding of the core factors that are in accordance with the safety management system used. Referring to this approach, research is carried out on the railroad industry in Indonesia by developing a safety model in the railway industry. The research was conducted by finding the right literature and then developing a model for the factors considered appropriate to be applied to the safety management system in railroad transportation in Indonesia. After the model was developed, the model was confirmed by the Confirmatory Factor Analysis (CFA) approach with the Structural Equation Modeling (SEM) method. The results of the study will prove that the factors developed in the safety model are positively related to the implementation of commuter train safety management in Indonesia.  

This article examines the role of the Formed Police Unit (FPU) in the perspective of international humanitarian law and international human rights law, particularly in the context of civilian protection in conflict areas. The FPU is an armed police unit deployed in UN peacekeeping missions with a mandate to protect civilians, maintain order, and support post-conflict recovery. Despite its strategic role, the FPU faces legal, operational and socio-cultural challenges. This study uses a normative-juridical approach by analyzing international legal documents, UN operational standards, and academic literature. It is emphasized that the effectiveness of the FPU is highly dependent on human rights-based training, clarity of mandate, logistical readiness, and the ability to build trust with local communities. This article recommends strengthening accountability mechanisms and cross-sector integration in peace missions, so that the FPU is able to carry out its protection mandate substantially and in accordance with applicable international legal principles.

The selection of learning media and resources is an important aspect of the learning process. Learning media helps to convey material in a more engaging and effective way, while learning resources include a variety of references that support learning activities, such as human, print, visual, and audio-visual materials. The selection of media must be adjusted to the learning objectives, student characteristics, and availability of facilities. Learning resources, on the other hand, must meet the criteria of economy, practical, easy to obtain, flexible, and can motivate and support the learning process. By choosing the right learning media and resources, learning becomes more effective, engaging, and relevant for students. The method used by the researcher is qualitative research. And the data obtained were analyzed using the literature study method.

This article analyzes Saddam Hussein's individual responsibility as a subject of international law based on crimes committed during his rule in Iraq. Saddam Hussein was charged with various serious crimes such as war crimes, crimes against humanity, and genocide. This review covers relevant international legal instruments, Saddam Hussein's trial process, as well as criticism of the legitimacy and fairness of the trial. This research highlights the importance of applying the principle of individual responsibility in international law to uphold justice and prevent impunity for state leaders who commit serious violations. Apart from that, this article also discusses the challenges faced by the international justice system in dealing with cases involving heads of state, as well as the implications of court decisions for the development of international law and global human rights enforcement. In this way, this study seeks to provide a deeper understanding of the evolution of international criminal responsibility, as well as its role in preventing similar atrocities in the future.

The escalation of global terrorism has posed substantial obstacles to the safeguarding of human rights globally. This study analyzes the intricate relationship between counter-terrorism strategies and human rights, highlighting how security policies may curtail individual liberties. This study conducts a comprehensive examination of several case studies to examine the effects of anti-terrorism laws and procedures in different nations. It further examines the intricate equilibrium that governments must sustain between safeguarding national security and preserving human rights norms. The study utilizes qualitative methodologies, encompassing document analysis and expert interviews in the domain. The findings indicate that although counter-terrorism initiatives are essential for public safety, they frequently lead to infringements of civil liberties, especially impacting underprivileged communities. The paper emphasizes the necessity of tackling these difficulties to guarantee that security measures do not excessively violate basic rights.The report concludes by recommending measures for policymakers to enhance human rights protections within counter-terrorism frameworks. Essential recommendations encompass promoting accountability and transparency in security operations while implementing equitable, non-discriminatory rules. Through the implementation of these measures, governments can proficiently counter terrorism while upholding fundamental human rights principles.

Both the process of democratization and the societal change that has taken place in Indonesia have been significantly influenced by globalization. The purpose of this study is to conduct a literature review that focuses on the relationship between globalization, social transformation, and the growth of democracy in Indonesia. With the help of a qualitative methodology that is founded on literature studies, this research investigates the ways in which the flow of information, technology, and global values influences the mentalities of individuals, as well as the social structures and political dynamics in Indonesia. The findings of the study indicate that globalization fosters the development of a society that is more receptive to democratic principles, such as the protection of human rights, the freedom of expression, and the provision of opportunities for political engagement. There are, however, challenges that come along with globalization. These challenges include socio-economic inequality, the erosion of local values, and threats to ethnic and cultural sovereignty. With globalization serving as a catalyst in improving political freedom and expanding civil society involvement, the process of democratization in Indonesia developed fast after the reforms that took place in 1998. The findings of this study highlight the significance of policies that are capable of striking a balance between the impact of globalization and the maintenance of local identity. This is necessary in order to bring about social change that is inclusive and to enhance democracy in Indonesia in a way that is sustainable.

This study uses a qualitative method to examine legal protection for female workers who experience discrimination in employment relationships. Discrimination against women in the workplace remains prevalent, taking forms such as unequal pay, limited opportunities for promotion, and sexual harassment, all of which affect their safety and comfort at work. Legal protection for female workers is regulated by various laws, including the Manpower Act, the Human Rights Act, and ILO conventions ratified by Indonesia. However, the implementation of these protections is often ineffective due to weak law enforcement, limited awareness among female workers regarding their rights, and the persistence of patriarchal culture. This study aims to analyze the extent to which legal regulations and their implementation function effectively, as well as the obstacles female workers face in claiming their rights. Data were collected through in-depth interviews, literature review, and document analysis. The findings indicate the need to strengthen labor inspection institutions and provide legal education for female workers to achieve justice in employment relationships.  

The determination of compensation in the process of land acquisition for infrastructure development in Indonesia still faces various complex legal problems. Although has been regulated in Law Number 2 Year 2012, its implementation often creates inequality, both in terms of compensation value and procedures for community involvement. The phrase “decent and fair” in the regulation opens wide room for interpretation, so there is often a mismatch between the value set by the government and the expectations of the community. This imbalance is exacerbated by weak public participation, lack of legal literacy, and the dominance of legal-formalistic approaches. Agrarian conflicts, legal uncertainty, and disregard for the social and cultural values of indigenous peoples also exacerbate the situation. Therefore, policy reforms based on a participatory approach, institutional strengthening, and the use of digital technology to realize transparency and accountability are needed. Fair compensation must ensure protection of citizens' human rights and build trust in the legal system in the development process. 

Employee transfers are common in companies, but regulations regarding transfer provisions are still very minimal. The absence of specific provisions governing transfers is often misused by employers, resulting in industrial relations disputes, one of which occurred between PT. Amartha Manunggal Prima and Khairunnisa Utami. This study aims to analyze the validity of the transfer process carried out by the company if there are no provisions or legal basis underlying the transfer process. This study uses a normative legal method, by analyzing the conformity between the considerations of the Panel of Judges in Decision Number 24/Pdt.Sus-PHI/PN JMB with laws and regulations, especially Law Number 6 of 2023 concerning the Ratification of the Job Creation. Based on the results of the analysis, a transfer process is one of the company's rights to regulate human resources for the interests and progress of the company and in general transfers are regulated in work agreements, joint work agreements, or company regulations. If the mutation process is not regulated, then the mutation must be based on an agreement between the two parties as mentioned in the Supreme Court Decision Number 567 K/Pdt.Sus-PHI/2016 which stipulates that mutations without the consent of workers can be canceled through the industrial relations court. In addition, mutations must not conflict with existing laws and regulations, especially Article 32 of the Manpower Law which regulates the placement of workers,  

The handling of terrorism crimes in Indonesia requires a balance between safeguarding the rights of perpetrators as individuals entitled to human rights and fulfilling the rights of victims affected by such acts of violence. This study aims to evaluate how human rights protections for terrorism suspects are upheld during legal proceedings, as well as how the state strives to protect and rehabilitate victims of terrorism under Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. Using a normative juridical approach, this research analyzes a case study based on the North Jakarta District Court’s Decision No. 1580/Pid.Sus.Terrorism/2020/PN.Jkt.Utr. The findings indicate that terrorism suspects are granted fair legal treatment, including the right to defense, a fair trial, and protection from torture, in accordance with the principle of non-derogable rights under international human rights law. On the other hand, Law No. 5 of 2018 establishes a clearer and more comprehensive legal framework to ensure victims' rights, including rehabilitation, compensation, and restitution. However, the implementation of victim protections still faces various technical and administrative challenges. This study recommends strengthening mechanisms for victim protection and enhancing legal enforcers' awareness of human rights principles in handling terrorism cases.  

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.

This study is motivated by the ongoing debate regarding the application of the death penalty to perpetrators of corruption in Indonesia, particularly in relation to the protection of human rights as stipulated in Law Number 39 of 1999. The purpose of this research is to explain the extent to which the death penalty can be appropriately and proportionally applied to corruptors while considering human rights principles. This study employs a normative legal approach focused on the analysis of statutory regulations and relevant legal literature. The data is analyzed using a qualitative juridical method, emphasizing a normative review of applicable positive law. The findings reveal a discrepancy between the imposition of the death penalty for corruption crimes and the right to life guaranteed by Indonesia’s human rights legal instruments. The implication of this research highlights the need to reconsider the policy of capital punishment for corrupt practices to ensure alignment with the principles of justice, humanity, and respect for human rights within the national legal system.  

In Aceh, the provision of guidance is regulated in Articles 5 and 6 of Gubenur Regulation Number 139 of 2016, which states that the main task and function of the Civil Service Police Unit and Wilayatul Hisbah Aceh is the guidance function. Article 1 point 14 of Qanun Number 7 Year 2013 on Jinayat Procedure Law states that the function of Wilayatul Hisbah (WH) is to socialise, supervise, enforce, and foster the implementation of Islamic Sharia. Therefore, there is a problem of interpreting the authority of coaching carried out by Satpol PP and WH of Lhokseumawe City. This study aims to determine the legal basis for the coaching of suspected jarimah violators by Satpol PP and WH of Lhokseumawe City and the legal consequences of coaching suspected jarimah violators without going through the judicial process carried out by Satpol PP and WH of Lhokseumawe City. The research method used is empirical juridical. Data sources are obtained through interviews with respondents and informants. The results of this study indicate that the coaching carried out by Satpol PP and WH of Lhokseumawe city against suspected jarimah violators does not have a clear legal basis. The coaching carried out is only based on a statement signed by the alleged jarimah violator during the investigation and the legal consequences of coaching against jarimah offenders by Satpol PP and WH of Lhoseumawe City without going through the judicial process is carried out without a legal basis which results in serious legal consequences such as the coaching is not legally valid (can be cancelled), violates human rights, and can be sued civilly or criminally prosecuted and reduces public confidence in Sharia law.