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This study discusses the practice of "capture marriage" (pakondong) still carried out in Ana Engge Village, Kodi District, West Sumba Regency, as part of the local tradition. Capture marriage is a practice where a man "captures" his prospective wife without the consent of the woman or her family. This practice has been ongoing for a long time and is considered part of local culture. However, when viewed from the perspective of national law, particularly Law No. 1 of 1974 on Marriage, this practice raises controversy. The law emphasizes that marriage must be conducted with the free consent of both parties, as stated in Article 6, Paragraph 1, which asserts that a marriage is only valid if both parties agree. This research uses an empirical juridical method, with interview techniques and literature studies, to examine the legality of capture marriage under positive law. The results show that capture marriage contradicts the basic principles of a valid marriage because it does not meet the requirement of free consent from both parties involved. Furthermore, capture marriage is also considered a violation of women's human rights, as women should have the right to choose their life partners without coercion or pressure. This practice also degrades women's dignity, as their rights as independent individuals to make their own choices should be respected. The conclusion of this study is that capture marriage cannot be justified under national law because it contradicts the principle of free and mutual consent. Therefore, efforts are needed from various parties, including the government, law enforcement, customary leaders, and society, to provide education on the importance of consent in marriage. Additionally, the modernization of customary law is crucial to align it with constitutional values and human rights, ensuring the protection of women's rights and promoting the development of a more just and equitable culture.

Pharmacist professionalism is a key component in ensuring the quality of pharmaceutical services, encompassing not only compliance with technical and scientific standards but also a deep commitment to moral and ethical principles. In the Indonesian cultural context, the concept of "medicine as a trust" (obat sebagai amanah) reflects a profound sense of responsibility, where medicine is viewed not merely as a commodity, but as a mandate that must be preserved with integrity and accountability in health care practices. This article conceptually explores the relationship between pharmacist professionalism and the moral value of trust within the framework of the Nusantara constitutional theory. This theory emphasizes the integration of legal, cultural, and moral dimensions in shaping professional conduct in Indonesia. Using a descriptive-critical approach through literature review, this study investigates how trust functions as both a legal expectation and a cultural imperative in the practice of pharmacy. The findings highlight that trust must be internalized as a core value in pharmaceutical services—manifested through ethical decision-making, transparency in drug management, and a commitment to prioritizing patient welfare. Pharmacists are not only required to uphold professional standards, but also to carry out their duties as custodians of public trust. To realize this vision, the integration of the value of trust into pharmacy education, legal regulations, and clinical practice is essential. Educational institutions, professional organizations, and regulatory bodies must work collaboratively to instill this value as part of a pharmacist’s identity. In doing so, the profession can contribute more effectively to building a health care system that is just, culturally grounded, and centered on the well-being of the people.

This study aims to identify and analyze the ratio legis of the principle that the Complete Systematic Land Registration (PTSL) program needs to be regulated and adhered to. Furthermore, this research also seeks to examine the legal consequences of the Complete Systematic Land Registration (PTSL) program. The awareness of the special position of land in the Indonesian national consciousness is also revealed in the Basic Agrarian Law (UUPA), which states the eternal relationship between the Indonesian people and the land. However, the term “controlled” in Article 33 of the 1945 Constitution does not imply that the state is the owner. The general explanation of the 1960 UUPA clarifies that the state (government) only controls the land. The meaning of land being “controlled” does not equate to “owned” but rather refers to certain authorities granted to the state as a power organization. Ownership of land rights must be proven by authentic or valid evidence in the form of a land rights certificate, where such certified ownership is an absolute requirement. Therefore, the Indonesian Government, through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 concerning Complete Systematic Land Registration, aims to facilitate the implementation of systematic and complete land registration as a government program. From this explanation, it can be concluded that the ratio legis of the Complete Systematic Land Registration (PTSL) program principle requires regulation and adherence to provide guarantees of legal certainty, transparency of information related to land parcels that can be utilized by legitimate parties, and ensure orderly administration in the field of land affairs, thereby delivering benefits and justice.

This study discusses the legal reconstruction of the authority of the Ombudsman of the Republic of Indonesia (ORI) after the Constitutional Court (MK) Decision Number 62/PUU-VIII/2010, with a focus on advocacy based on pseudo/quasi principles. The Ombudsman, as an independent state institution, plays a role in supervising the implementation of public services to prevent and deal with maladministration. However, the existence of Article 43 of Law Number 37 of 2008 concerning the Ombudsman and the Constitutional Court's decision creates the potential for norm inharmonization that has an impact on the implementation of the Ombudsman's duties. This study analyzes two main things: legal certainty on the authority of the Ombudsman after the Constitutional Court's decision and legal reconstruction to strengthen the supervisory function of public services. The results show that the pseudo/quasi principle allows the Ombudsman to carry out an advocacy function similar to the judiciary, but without full executive power such as the judiciary. Legal certainty is needed to ensure that the Ombudsman's actions remain within the limits of the authority regulated by law. Legal reconstruction is suggested to provide stronger legitimacy to the Ombudsman's authority, including strengthening the recommendation aspect to be more binding and implementive. This reconstruction also includes increasing institutional capacity, coordination between agencies, and strengthening regulations that support supervisory functions that are more responsive to the needs of the community. Thus, this research contributes to the development of public service law, especially related to the role of the Ombudsman in realizing transparent, accountable, and fair services.

This research examines the legal protection available to communities affected by land acquisition for public interest development in Indonesia. Although governed primarily by Law No. 2 of 2012 and updated through Law No. 6 of 2023, many legal ambiguities remain, especially regarding the fairness of compensation and the recognition of informal or uncertified land rights. The objective of this study is to critically evaluate the adequacy of these legal frameworks and identify gaps that undermine justice for affected populations. Employing a normative-juridical method, the research conducts doctrinal analysis, comparative law review (with cases from Malaysia and India), and stakeholder consultation to assess both the text and implementation of relevant laws. The study finds that key legal concepts such as “fair and appropriate compensation” remain undefined in statute, leading to inconsistent application across regions. Furthermore, compensation mechanisms such as share ownership and resettlement are inadequately regulated and poorly implemented. The findings emphasize the disparity between normative intent and administrative reality, particularly for holders of uncertified land. By integrating stakeholder feedback with normative evaluation, the research proposes actionable reforms to strengthen legal protection and uphold constitutional guarantees under Article 28H. In conclusion, while Indonesia has made progress in establishing a framework for public interest land acquisition, significant doctrinal and institutional reforms are required to ensure equitable outcomes for all landholders.

This study aims to examine the legal protection of workers' rights who are terminated due to economic recession and to analyze the use of economic recession as a valid reason for termination of employment. This is a normative legal research that uses a statutory approach and a conceptual approach. The research relies on primary legal materials such as the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 13 of 2003 concerning Manpower, and Law Number 11 of 2020 concerning Job Creation, as well as secondary legal materials including books, journals, and scholarly articles. The results of the research show that: 1) an economic recession can be considered a valid reason for termination of employment within a company, as it may fall under the category of force majeure, provided that the company still respects the employment agreement and principles of fairness; and 2) legal protection for workers who are laid off due to an economic recession is divided into two forms: internal legal protection (based on the contents of the employment agreement) and external legal protection (based on statutory provisions). In this regard, workers still have the right to receive severance pay, long service pay, and compensation for entitlements.

Health care is a fundamental right of every citizen guaranteed by the constitution and various laws and regulations. However, in practice there are still cases of health care malpractice that often occur, either due to negligence, carelessness, lack of competence, or violation of professional standards. Such actions not only have an impact on the physical and psychological harm of patients, but also raise questions regarding the legal responsibility of the perpetrators, especially in the criminal realm. The problems in this study are how health care malpractice in the perspective of criminal law and how criminal liability for health care malpractice. This research uses normative juridical research method with statute approach and conceptual approach. The results showed that health care malpractice must be viewed as a criminal offence that can be subject to criminal liability in accordance with the provisions in the Criminal Code, Law Number 17 of 2023 concerning Health, and other regulations.

Individual candidates are one of the nomination paths other than political parties that use public support as a prerequisite for being appointed as regional head candidates. Individual candidates are often referred to as democratic paths or grassroots paths because candidates who are successfully appointed truly come from public support that has been verified with certainty through factual verification. Individual candidates are also often seen as a solution to the high political dowries and the phenomena of corruption, collusion and nepotism that arise from the failure of political parties to carry out their function as the people's dignity. However, their existence has always been discredited by political parties, especially since the change in the nomination threshold by political parties which was decided in the Constitutional Court decision 60/PUU-XXII/2024. This literature study examines the potential presence of individual candidates in reducing political dowries and corruption which is also useful for upholding democracy with people's sovereignty. Therefore, it is necessary to consider reducing the threshold for support for individual candidates to balance the political battle of regional elections. By highlighting individual candidates as tough political opponents, it will trigger changes in the structure and working mechanisms of political parties in order to gain the sympathy of the people that has been lost over the past few decades

Restricting judicial review (peninjauan kembali) for state administrative officials through Constitutional Court Decision No. 24/PUU-XXII/2024 represents a pivotal shift in Indonesia’s administrative justice framework. This study critically examines the constitutional, theoretical, and comparative dimensions of that decision, situating it within the principles of equality before the law and due process enshrined in the 1945 Constitution. Employing a normative-qualitative design grounded in doctrinal analysis and comparative law methods, the research analyzes primary sources including the 1945 Constitution, Law No. 5 of 1986 on State Administrative Courts, Law No. 14 of 1985 on the Supreme Court, and the Constitutional Court’s decision and is supplemented by relevant academic literature. Findings reveal that the decision undermines procedural equality by asymmetrically restricting state entities’ access to extraordinary remedy mechanisms without addressing systemic enforcement deficiencies. Comparative analysis with French, German, and Thai administrative law systems demonstrates that modern rechtsstaat states preserve substantive justice through inclusive access to judicial review while enforcing robust procedural safeguards. The study concludes that targeted institutional reforms such as establishing an autonomous executorial agency, enacting contempt-of-court legislation, strengthening ombudsman oversight, and enhancing judicial education offer more constitutionally sound solutions to improve compliance with administrative court rulings. It further underscores the crucial role of rechtsvinding and proportionality in reconciling procedural limitations with constitutional mandates for substantive justice and legal certainty.

The Constitutional Court's decision No. 112/PUU-XX/2022, which changed the term of office for the leadership of the Corruption Eradication Commission (KPK) from four years to five years, has sparked controversy in the realm of Indonesian constitutional law. The Constitutional Court, which is supposed to act as a negative legislator, is considered to have exceeded the limits of its authority by establishing new norms in its decision. This research aims to analyze whether the action is a form of deviation of the Constitutional Court's authority referring to the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court. This research uses a normative juridical method with a descriptive-analytical approach through a literature study of regulations, scientific journals, and other legal sources. The research findings indicate that the Constitutional Court not only declared Article 34 paragraph (1) of the KPK Law contrary to the 1945 Constitution, but also stipulated a direct change in the term of office to five years, including for the current KPK leadership. This action is considered a form of judicial activism that deviates from the principle of separation of powers and the principle of non-retroactivity of law. In conclusion, the Constitutional Court's decision creates legal uncertainty, opens space for politicization of the judiciary, and sets a negative precedent in Indonesia's constitutional system. Therefore, it is necessary to reaffirm the limits of the authority of the Constitutional Court in order to remain within the framework of constitutional law that upholds the principle of checks and balances at all times.

The purpose of this study is to determine the forms of violence against children and how legal protection for children as victims of crime is according to Indonesian criminal law. Legal protection for children is an important issue that requires serious attention from various parties, including the government, society, and family. Children have basic rights that must be protected to ensure they grow and develop properly. This paper discusses the concept of legal protection for children, the legal basis underlying child protection in Indonesia, and the challenges and solutions that can be applied to improve legal protection for children.  

This article aims to analyze the relevance of Article 34 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia which regulates state protection for the poor and neglected children, and its relation to the concept of leadership from an Islamic perspective. This study compares the legal provisions with the Hadith narrated by Bukhari which emphasizes the responsibility of leaders towards those they lead. The method used is qualitative analysis with a comparative approach to legal texts and related literature sources. The results of the study show that both Article 34 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia and the Hadith have similarities in emphasizing the importance of social responsibility towards underprivileged citizens, as well as describing the role of each individual as a leader in their social capacity.

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.

It is impossible to disentangle customary law from the fabric of a community as it is an integral aspect of society as a whole.  The national legal system in Indonesia also develops as society evolves in response to shifting social, cultural, economic, and political demands.  Through the lens of positive legislation and field practices, this study adopts a juridical-sociological method to better understand how indigenous people's rights are legally protected in environmental management.  By taking a legal stance, we may analyse the constitutional guarantees and statutes that protect indigenous peoples' rights from 1945 forward.  At the same time, the sociological method seeks to understand indigenous populations' experiences with, reactions to, and advocacy for their right to a sustainable environment in light of these legislative obligations.  The 1945 Constitution guarantees, in Article 18B paragraph (2).

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.

This paper discusses in depth the juridical review of the Draft Law on the Indonesian National Army (RUU TNI), by highlighting two key principles in the Indonesian constitutional system, namely civilian supremacy and the principle of the rule of law. Civilian supremacy places civilian authorities - especially the president and parliament - above military institutions in state policy-making, as a guarantee that military power does not become an autonomous force that can intervene in civilian political and governance processes. In this context, the role of the TNI must be placed proportionally and in accordance with the mandate of the constitution, especially Article 30 of the 1945 Constitution which affirms that the TNI as a means of state defence is subject to state policies and political decisions.Through a normative-analytical approach, this article examines the substance of the TNI Bill, including clauses governing the TNI's main tasks, its involvement in military operations other than war (OMSP), as well as authorities that could potentially have multiple interpretations if not accompanied by strict legal supervision and restrictions. Although this bill appears to respond to global dynamics in modern military governance, a number of provisions in it raise concerns about the imbalance between civilian and military power. If not anticipated with an effective civilian control system and transparent accountability mechanisms, the TNI Bill has the potential to deviate from the principles of the rule of law.

This study examines the constitutional position of the President and Vice President in Indonesia following the four amendments to the 1945 Constitution between 1999 and 2002, focusing on how these reforms reshaped executive authority and accountability. It addresses the problem of excessive presidential dominance and unclear vice-presidential functions under the New Order regime, with research objectives to analyze the institutional, authority, accountability, and relational dimensions of the amended constitutional framework. Employing a normative doctrinal method through statute and conceptual approaches, the study analyzes primary legal texts, scholarly articles, and tertiary materials using descriptive-analytical techniques. The main findings reveal that the introduction of direct joint elections, strict two-term limits, impeachment mechanisms, and the establishment of the Constitutional Court significantly strengthened checks and balances, clarified the Vice President’s supportive and succession roles, and redistributed legislative powers to the DPR. These reforms created a more balanced separation of powers and enhanced democratic legitimacy while also highlighting emerging challenges in institutional capture and democratic backsliding. In conclusion, Indonesia’s gradualist constitutional reform successfully transformed an authoritarian executive into a more accountable presidential system, though ongoing vigilance and potential further amendments are necessary to consolidate democratic gains.

Aceh is a province with special status in Indonesia that has special authority in the imple- mentation of Islamic law, as stipulated in Law No. 11 of 2006 concerning the Government of Aceh. One form of its implementation is Qanun Aceh No. 6 of 2014 on Jinayat Law, which regulates a number of offences, including maisir (gambling), with penalties in the form of flogging, fines, or im- prisonment. This study aims to examine the application of flogging for gambling offenders in Simeulue Regency, covering the legal basis, implementation procedures, and level of effectiveness. The research questions include: (1) how flogging is applied to gambling offenders; (2) what are the stages of imple- mentation; and (3) to what extent is it effective in reducing violations. The research uses a qualitative descriptive method with a socio-legal approach. Data was obtained through literature review, field observation, and interviews with Satpol PP and Wilayatul Hisbah officials, the Sharia Court, the pros- ecutor's office, and community leaders. The findings show that the application of flogging punishment has a strong constitutional basis and is in accordance with the principles of Sharia law. The implemen- tation is carried out openly in accordance with criminal procedure law and is supervised by medical personnel. Statistics from the last five years show a decrease in gambling cases from 11 cases in 2020 to 3 cases in mid-2024, reflecting a deterrent effect and an increase in compliance.