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Rengga Kusuma Putra; Retno Saraswati; Edvardas Juchnevicius; Aulia Rahman

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

Background: Criminal justice reform has become a crucial global issue in maintaining the balance between the protection of individual rights and state authority, particularly amid the increasing complexity of law enforcement and the risk of abuse of power. Objective: This study aims to analyze the relationship between the principles of due process of law, legal accountability, and the rule of law within criminal justice systems, as well as to compare their implementation in common law and civil law systems. Methods: This research employs a normative and comparative approach through the analysis of legal regulations, criminal justice practices, case studies of procedural violations, and cross-country comparisons, supported by interviews with academics and legal practitioners. Results: The findings indicate that although the principles of due process, legal accountability, and the rule of law are widely recognized, their implementation still faces significant challenges, including weak oversight, procedural inconsistencies, and limited institutional capacity. The comparative analysis also reveals a growing convergence between common law and civil law systems in adopting human rights-based standards, despite differences in procedural approaches. This study concludes that the holistic integration of these three principles is essential to establish a fair, transparent, and accountable criminal justice system.

Sitta Saraya; Geofani Milthree Saragih; Nabila Afifah Salwa

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

Background: The rapid development of financial technology and the increasing volume of cross-border transactions have led to the emergence of increasingly complex digital financial crimes, involving anonymous actors and exploiting regulatory gaps and jurisdictional differences. This condition poses serious challenges to legal systems, particularly in terms of digital evidence, the attribution of legal liability, and the effectiveness of cross-border law enforcement. Objective: This study aims to reconstruct the framework of civil and criminal liability in digital fraud cases to make it more adaptive, integrated, and responsive to technological developments. Method: The research employs a qualitative socio-legal approach, combining normative analysis of cybercrime regulations, case studies of international digital fraud, comparative analysis of legal systems across countries, and interviews with legal practitioners and fintech regulators. Results: The findings reveal significant legal gaps, regulatory fragmentation across jurisdictions, and weaknesses in electronic evidence systems that hinder effective law enforcement. Additionally, the complexity of actors and technologies within digital ecosystems complicates the accurate attribution of legal responsibility. Therefore, an integrated legal framework is required, incorporating both civil and criminal liability, international regulatory harmonization, and the utilization of technology to enhance law enforcement effectiveness.

Linda Ikawati; Yasmirah Mandasari Saragih; Lidya Devega Br. Sinaga

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

Background: Transnational crime has become increasingly complex and has wide-ranging impacts on victims, while existing legal systems still demonstrate fragmentation between criminal and civil law and remain inadequate in providing effective victim protection and recovery. Research objective: This study aims to analyze and strengthen victim protection in transnational crime through a restorative justice approach, with a particular emphasis on harmonizing criminal and civil legal mechanisms. Method: This study employs a socio-legal approach that integrates normative legal analysis with empirical methods, including case studies, comparative analysis across jurisdictions, and interviews with legal practitioners and non-governmental organizations. Results: The findings indicate that victim protection is hindered by weak restitution enforcement, complex compensation procedures, limited institutional coordination, and cross-border legal barriers. In addition, the implementation of restorative justice in the context of transnational crime remains limited due to the lack of integration within formal legal systems. Therefore, an integrative approach combining criminal law, civil law, and restorative justice is necessary to establish a more comprehensive, effective, and victim-oriented system of protection.

H Muhamad Rezky Pahlawan MP; Baharuddin Riqiey

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

Background: The rapid development of blockchain technology and smart contracts has fundamentally transformed contractual relationships by shifting the role of human interpretation and enforcement toward automated, code-based, and decentralized systems. This transformation generates complex legal implications, particularly regarding the evolution of contractual liability, which is increasingly distributed and no longer centered on a single legal subject. Objective: This study aims to analyze the evolution of contractual liability in smart agreements and examine how such transformation affects the fundamental principles of traditional contract law within modern legal systems. Methods: This research employs a normative and conceptual legal approach, supported by an analysis of blockchain regulations across multiple jurisdictions, case studies of smart contract implementation, and a comparative legal analysis between civil law and common law systems, complemented by a multidisciplinary literature review. Results: The findings indicate that contractual liability in smart agreements has evolved from a centralized fault-based liability model to an algorithmic, distributed, and code-dependent liability structure within blockchain ecosystems. This evolution creates new legal challenges concerning the attribution of liability, legal certainty, and the limitation of judicial intervention in automated contractual arrangements. Furthermore, the study identifies a tension between technological efficiency and substantive legal justice, highlighting the need for adaptive legal frameworks capable of accommodating decentralized technologies while ensuring the protection of legal rights and accountability of involved parties.

April Naufal Anggraeni; Aldi Darmawan; Ismi Rusyanti

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The right to immunity for advocates is an important instrument to ensure that advocates can practice their profession freely, especially in defending clients' interests in court, without being disturbed by legal threats. However, this right is not absolute and can be lost if the advocate violates the code of ethics or harms the dignity of the court, as in the case of Razman Arif Nasution, which raised questions about the balance between professional protection and ethical responsibility. This paper aims to examine the limits of the right to immunity for advocates in the context of violations of professional ethics, as well as explore its legal implications for the disciplinary mechanisms of advocate organizations. The method used is normative juridical, with a statute approach and a case study approach. The study findings indicate that advocate protection must still be linked to compliance with professional ethics, so that in practice disciplinary mechanisms have a strategic role in upholding professionalism.

Susi Turti; Adi Nur Rahman

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the critical role of expert opinions from the Ministry of Energy and Mineral Resources (ESDM) during the investigation phase in uncovering gold mining without permit (PETI) crimes under Article 120 of the Indonesian Criminal Procedure Code (KUHAP) in West Kalimantan. The research employs a normative-empirical approach, analyzing legal provisions, government reports, and judicial practices to assess how ESDM experts contribute to establishing the material truth of PETI cases. Findings reveal that expert opinions are indispensable for verifying the absence of permits, assessing environmental damage, and quantifying state losses, thereby strengthening evidentiary frameworks for prosecutors and judges. However, challenges persist, including coordination gaps between law enforcement and ESDM, insufficient technical capacity among investigators, and potential threats to expert independence. The study concludes that optimizing the use of ESDM expertise is not merely procedural but strategic for effective, accountable, and just enforcement against PETI, which remains a significant threat to national resource sovereignty and environmental sustainability.

Haryoko Bambang Widjayanto; Yoga Tri Hartanto

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Indonesia constitutionally declares itself as a state based on the rule of law as mandated in Article 1 paragraph (3) of the 1945 Constitution after the amendments. This principle requires that governance and law enforcement be conducted under constitutional supremacy, legal certainty, equality before the law, and an independent judiciary. However, various political interferences, regulatory inconsistencies, and discriminatory legal practices continue to undermine these ideals. This research examines: (1) the effectiveness of the hierarchy of legislation and judicial review mechanisms by the Constitutional Court (MK) and the Supreme Court (MA) in preventing regulatory conflicts and discriminatory law enforcement; and (2) the extent to which the rule of law principle post-amendment has been manifested in equal protection before the law and judicial independence. Using a normative legal research method with statute, conceptual, case, and historical approaches, this study finds that although constitutional reforms have strengthened checks and balances and judicial authority, the persistence of selective and politically influenced law enforcement indicates that equality before the law has not been consistently implemented. Strengthening institutional integrity, improving regulatory harmonization, and ensuring the judiciary’s independence remain crucial to realizing Indonesia’s constitutional aspirations as a democratic state governed by the rule of law.

Ety Isworo; Yoon Tae-min

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

We give thanks to the presence of God Almighty because, by His abundant grace and blessings, this course material has been compiled as a form of commitment to instill and develop the noble values of Pancasila among the younger generation, especially students. In the midst of the tide of globalization bringing various changes and challenges, it is important for us to hold firmly to the fundamental values that serve as the identity and foundation of the Indonesian nation. Pancasila — as the state foundation and national ideology — should not only serve as a formal symbol of the nation, but must become a moral guide in attitude, thought, and action. In the context of a global society, students are required not only to be intellectually and professionally capable, but also resilient in upholding Pancasila-based national values. Through this material, it is hoped that students will be able to understand, internalize, and actualize the values of Pancasila concretely in campus life, social life, and even in the global sphere. Character education based on Pancasila becomes the key in shaping a generation who are integrous, empathetic, competitive, and uphold the values of humanity, democracy, and justice. In closing, may this material become a real contribution in shaping a young generation who are not only knowledgeable, but also have noble character — as a manifestation of the true Pancasila generation.

Reza Reyzaldy; Dian Ekawaty Ismail; Erman I. Rahim

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to analyze the settlement of criminal cases on the liability of parents for negligence that results in minors becoming perpetrators of traffic accidents. This type of research is normative legal research with a statutory approach, a case approach and a conceptual approach. The analysis used in this study is a descriptive analysis. has not explicitly regulated the criminal liability of parents for accidents committed by children, although Civil Code Article 1367 has provided a basis for civil liability, and the new Criminal Code through Article 37 opens up opportunities for the application of the principle of vicarious liability. This study recommends the need to reconstruct the Indonesian criminal law regulation which explicitly establishes a model of parental criminal responsibility based on the principle of vicarious liability and the principle of Radbruch legal certainty, without overriding the principle of child protection in the SPPA Law.

Kaharuddin Kaharuddin; Salsabilla Salsabilla; Agnes Widya Klarisa; Syahrani Ramadhani Payapo

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

This study examines the renewal of the Criminal Procedure Code (KUHAP) Baru as an effort to synchronize with the Criminal Code (KUHP) 2023, as well as analyzing crucial articles that potentially cause legal uncertainty in the criminal justice process in Indonesia. Using a juridical-normative method with a descriptive-analytical approach, this research analyzes secondary data from primary, secondary, and tertiary legal materials. The results show that KUHAP Baru successfully addresses some of the mismatches with KUHP 2023 through regulations on alternative punishments, corporate accountability, and protection for vulnerable groups, but still faces conceptual and technical challenges such as legislative disharmony and minimal public participation. On the other hand, crucial articles such as Articles 5, 16, 74, 90, 93, 105, 112A, 124, 132A, and 137A pose risks of legal uncertainty due to the expansion of law enforcement authority without adequate oversight, which can violate the due process principle and human rights. The study's conclusion emphasizes the need for further revisions to strengthen legal certainty and harmonize the criminal justice system.

Nurwihda Ramadani; Sakina Sakina; Putri Abelia Z; Kurniati Kurniati

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

Injustice against women in contemporary Islamic law practice is still a serious problem, especially in cases of divorce, child custody, and the division of common property, which are often decided textually without considering the social, economic, and psychological aspects of women. This phenomenon shows that the application of Islamic law is still normative and does not fully reflect substantive justice as the purpose of maqāṣid al-syarī'ah. This research aims to analyze the nature of justice for women in the modern era, identify the steps needed to realize this justice, and formulate Islamic legal solutions based on maqāṣid al-syarī'ah that can be applied contextually in the religious justice system. The research method used is qualitative with a normative-empirical approach through literature analysis, case studies, and empirical data from religious court decisions and reports of official institutions such as Komnas Perempuan. The results of the study show that justice for women can only be achieved through a dynamic maqāṣid approach, by placing the interests of women and children above the legal-formalities of classical fiqh. The efforts needed include the integration of empirical data in judges' decisions, reform of religious justice policies, increasing the capacity of judges in understanding maqāṣid, and empowering women through legal literacy.

Natasya Alika Akbar; Nani Nurani Muksin

Kajian Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The development of digital technology has encouraged the government to utilize social media as an effective means of public communication. The Ministry of Agriculture is one institution that actively uses Instagram to convey information, build a positive image, and interact with the public. This study aims to determine the Public Relations strategy in managing the Instagram social media account @kementerianpertanian. This study uses the Public Relations strategy theory from Cutlip and Center, which consists of four stages: problem identification, planning and programming, communication and action, and evaluation. The research method used is a descriptive qualitative approach, with data collection techniques through in-depth interviews and documentation of the Ministry of Agriculture's Public Relations team. The results show that the Ministry of Agriculture's Public Relations has implemented a planned communication strategy, starting from planning informative and educational content, utilizing Instagram features such as reels, stories, and live to increase interaction, to routine evaluation based on engagement data (likes, shares, comments, and saves). This strategy also adapts to social media trends and audience needs. Public Relations actively responds to user questions and comments to maintain two-way communication. However, challenges such as negative comments, limited resources, and changes in the Instagram algorithm are obstacles that still need to be overcome. Overall, the implemented strategy has successfully supported the improvement of the image and transparency of public information within the Ministry of Agriculture.

Andhinie Fathimatul Hasanah; Zidan Arief Maulana; Sri Kencana Wulan; Sintia Nur Anggitasari

Kajian Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This article analyzes women’s empowerment in the development of Pekunden Tourism Village, Banyumas District, Banyumas Regency, focusing on the role and contribution of women in tourism based on local creativity. Using Kartasasmita's (1996) empowerment framework, which includes enabling, empowering, and protection, the study collects data through interviews, observations, and documentation from key informants such as the village head, tourism awareness group, and women entrepreneurs in Oemah Batik, Oemah Manggleng, Dragon Fruit Garden, and Kampoeng Nopia Mino. The findings reveal that women’s empowerment in Pekunden Tourism Village has fostered a supportive environment, enhanced women’s capacity, and ensured business protection. Training programs and the development of local products have expanded economic opportunities, increased women’s participation in decision-making, and improved family welfare. Overall, women’s empowerment has made a significant contribution to local socioeconomic development, positioning Pekunden Tourism Village as a successful model of synergy between tourism and community empowerment. This case exemplifies the positive impact of regional autonomy in promoting local creativity and economic growth through tourism.

Aprijal Rajak; Zuchri Abdussamad; Romy Tantu

Kajian Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to examine the quality of public services at the Population and Civil Registration Office (Disdukcapil) of Pohuwato Regency using the SERVQUAL model, which comprises five dimensions: Tangibles, Reliability, Responsiveness, Assurance, and Empathy. This research was conducted in response to persistent public complaints regarding slow service processes, long queues, limited facilities and infrastructure, network disruptions, as well as insufficient information and uncertainty concerning service completion time. The study employed a descriptive qualitative approach through observation, interviews with Disdukcapil employees and community members, and documentation. The findings indicate that the quality of public services has not yet been optimal. The Tangibles dimension remains weak due to inadequate service facilities. Reliability has not been fully achieved as a result of delays in document issuance and system disruptions. Responsiveness among service officers is inconsistent in addressing public complaints. In terms of Assurance, officers demonstrate adequate professionalism; however, transparency in procedures and service timelines remains inconsistent. Meanwhile, in the Empathy dimension, attention to the community particularly vulnerable groups still needs improvement. Overall, the public services provided by Disdukcapil Pohuwato have not fully met community expectations and require improvements in facilities, staff competence, and the effectiveness of service systems.

Hari Kusuma Yuda Tama; Waluyo Waluyo

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Historically, water resource management in Indonesia has faced significant complexities, often dominated by commercialization and investment-oriented policies that threaten the fundamental rights of farmers. The Constitutional Court’s decision to annul the previous Water Resources Law marks a crucial turning point, demanding a comprehensive policy reformulation. This entails a shift from a market-based paradigm to one grounded in human rights and social welfare, reaffirming state sovereignty over water for the prosperity of the people. The urgency of this reformulation is compounded by the imminent threat of climate change, which introduces high uncertainty into the hydrological cycle—manifesting as extreme droughts and floods—thereby directly impacting the agricultural sector. This research aims to formulate a climate-adaptive water resource management policy that secures the priority rights of farmers. Employing a Normative Legal Research Method with Statutory and Conceptual Approaches, the findings present a new, holistic legal and institu-tional framework. This framework centers on two pillars: first, the firm assertion and absolute legal protection of irrigation water allocation for farmers, even during periods of scarcity; and second, the adoption of a Climate-Adaptive Governance Model. This governance model integrates a unified climate monitoring system, resilient water infrastructure, and the empowerment of Water User Associations (P3A) at the grassroots level to independently respond to shifting climate patterns. This reformulation is essential for achieving water management that is just, sustainable, and effective in maintaining national food security

Selma Nabila Azzahra; Imam Hakiki

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to answer the following questions: First, what are the concepts of the rule of law and democracy, and how are they related? Second, what is the concept of human rights and how does it relate to the rule of law and democracy in Indonesia? The method used in this study is normative legal research, focusing on the study of legislation and scientific literature on the rule of law, democracy, and human rights. The approaches used include a legislative approach to examine the provisions of the 1945 Constitution of the Republic of Indonesia and related regulations; a conceptual approach to examine the theory of the rule of law, the theory of democracy, and the theory of human rights; and a historical approach to trace the development of these three concepts in the Indonesian context. The research data was obtained from primary and secondary legal materials. The results of the study show that the concepts of the rule of law and democracy are two interrelated and inseparable principles. Both in the traditions of the rechstaat and the rule of law, respect for human rights is placed as a key pillar, which is now understood more broadly to include issues of freedom, social justice, and protection from arbitrariness. The relationship between human rights, democracy, and the rule of law affirms that the law must be the highest authority, with the constitution as its highest foundation. The supremacy of law is an important element in the practice of democracy because the constitution functions as a social contract that regulates power and guarantees the protection of human rights.

Yolanda Fitria Salma; Ahmad Irzal Fardiansyah; Dona Raisa Monica; Tri Andrisman; Nikmah Rosidah

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP Nasional 2023) has brought significant changes to the national penal system, particularly in the regulation of sanctions imposed on children who commit criminal offenses. Children as offenders constitute a special legal subject who require a sentencing approach oriented toward protection, guidance, and rehabilitation. This study aims to analyze the regulation and concept of sentencing for children under the perspective of the KUHP Nasional 2023 and to assess its conformity with the principles of child protection and the objectives of the juvenile justice system in Indonesia. This research employs a juridical descriptive method using statutory and conceptual approaches through a literature review of primary, secondary, and tertiary legal materials. The findings indicate that the KUHP Nasional 2023 normatively accommodates a more humane sentencing approach by emphasizing the objectives of punishment and providing non-custodial sanctions and rehabilitative measures. However, these provisions remain general and have not been explicitly integrated with restorative justice principles as stipulated in the Juvenile Criminal Justice System Act. Therefore, regulatory harmonization and consistent implementation are necessary to ensure that sentencing for children truly reflects the best interests of the child and the rehabilitative goals of the juvenile justice system.

Inna Noor Inayati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Medical emergency services demand swift and precise action; however, medical personnel are often hindered by the risk of criminalization resulting from unintended outcomes. Although Law Number 17 of 2023 concerning Health mandates the provision of assistance, the regulation has not yet provided explicit criminal protection for good-faith rescuers, thereby triggering the practice of defensive medicine. This study aims to examine the implementation of the Good Samaritan Law (GSL) concept as an alternative legal protection for health workers. The research methods employed are juridical-normative and juridical-empirical, utilizing statutory, comparative, and case approaches. The findings indicate that current regulations, including Article 531 of the Criminal Code (KUHP) and Law No. 17/2023, have limitations as they emphasize the obligation to assist rather than the protection of the rescuer. In comparison, the international GSL concept offers a standard of "limited immunity," which explicitly protects rescuers from civil and criminal liability, provided the actions are performed without gross negligence. The impact of implementing GSL in Indonesia is projected to provide stronger legal certainty than existing regulations, reduce the psychological burden on medical personnel in emergency situations, and encourage social solidarity without the fear of unnecessary lawsuits. The study concludes that the adoption of GSL is an urgent legal reconstruction to ensure the professional protection of health workers in Indonesia.

Bayu Adji Pangestu; Zainal Fatah; Krisna Adhi Prahmana

International Journal of Social Science and Humanity 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the optimization of the use of Village Funds in efforts to develop Pethung Park tourism in Belik Village, Trawas District, Mojokerto Regency, using  the New Public Governance (NPG) theoretical approach  from Osborne and Gabler. NPG theory emphasizes the importance of collaboration, participation, networking, decentralization, as well as transparency and accountability in public governance. This study uses a qualitative descriptive method by collecting data through interviews, observations, and documentation involving the village government, BUMDes, Pokdarwis, and the local community. The results of the study show that the Belik Village government has succeeded in making optimal use of the Village Fund as an instrument of local economic development and a means of community empowerment. The Village Fund is directed to tourism infrastructure development, human resource training, and digital-based tourism promotion. Collaboration between village governments, communities, and the private sector through BUMDes and Pokdarwis is able to create participatory and sustainable development governance. The real impact can be seen from the increase in the number of tourist visits, the growth of MSMEs, and the increase in the village's original income. This study concludes that NPG-based governance practices in Belik Village have resulted in development effectiveness and strengthened village economic independence. The results of this study can be a model for other villages in implementing the management of Village Funds for the tourism sector based on collaboration and community participation towards sustainable village development.