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Tansya Hadiansyah Ramdi; Intan Sukmawati; Euis Maesaroh; Aji Nugraha; Taufiq Alamsyah

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to gain an in-depth understanding of the legal reasoning used by judges in the Administrative Court (PTUN) in annulling State Administrative Decisions (KTUN), as well as to examine the legal implications for the parties involved and the overall system of government administration. This research employs a normative juridical method with three approaches: statutory, conceptual, and case approaches. The analysis was conducted qualitatively by studying reference books and reviewing court decisions. The study shows that the annulment of KTUN by PTUN judges is based on three important factors, namely lack of authority (ultra vires), procedural defects, and substantive defects in the decision. In addition, violations of the General Principles of Good Governance (AUPB), such as the principles of legal certainty, prudence, and proportionality, also constitute important considerations for judges. In the judicial process, judges not only consider the formal aspects of the law, but also take into account substantive justice in order to protect citizens’ rights from improper governmental actions. The implications of the annulment of KTUN include the restoration of the plaintiff’s rights through the process of restitutio in integrum, the obligation of administrative officials to revoke or correct the issued decision, as well as the potential impact on third parties involved in the decision. In general, the annulment of KTUN serves as a legal control mechanism over government administration while also encouraging the realization of good and transparent governance within a state governed by the rule of law.

Muhammad Zulkarnaen; Mazwar; Teuku Muttaqin Mansur

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the effectiveness of legal capacity-building for Temporary Land Deed Officials (PPATS) in the preparation of land deeds in Aceh Besar Regency, Aceh Province. The research employs an empirical juridical method with a qualitative approach, utilizing data collection techniques including interviews, observation, and document analysis. This approach enables a comprehensive examination of both the normative framework and its practical implementation in the field. The findings indicate that the effectiveness of capacity-building for PPATS remains suboptimal, as the existing programs are largely administrative, incidental, and insufficient in addressing substantive legal aspects. Several factors influence this condition, including the non-legal educational background of PPATS, prevailing community legal culture, limitations in training programs, weak institutional coordination, and social pressures encountered in the practice of land deed preparation. These challenges contribute to a low level of material competence and legal prudence among PPATS in carrying out their duties. Accordingly, there is a need for a more sustainable, contextual, and competency-based capacity-building model to enhance the professionalism of PPATS. Such an approach is essential to strengthen their substantive legal understanding, improve the quality of land deeds, and ultimately support the realization of legal certainty in land administration services.

Maria Reinha Rosari Luntar; Umbu Lily Pekuwali; Hermawati A. Y. Dai

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The purpose of this study is to examine the implementation of employment agreements as one of the means of providing legal protection for workers’ rights. The research method employed in this study is normative juridical, utilizing primary and secondary legal materials obtained through the analysis of statutory regulations, legal scholars’ opinions, as well as books and journals relevant to the subject under study. The results of the study indicate that employment agreements, as a form of preventive legal protection for workers’ rights, are a consequence of the application of the welfare state concept, thereby requiring the state to intervene in employment relationships arising from such agreements. This form of intervention can be observed in Law Number 13 of 2003 concerning Manpower. The provisions contained in this law, particularly Article 54 paragraph (1) of Law Number 13 of 2003 concerning Manpower, constitute a form of preventive legal protection, especially in points (e) and (f), as they regulate economic rights as well as the rights and obligations of workers. These provisions provide protection and serve as a form of legal certainty that safeguards workers from the beginning of their employment. The obstacles encountered in the implementation of employment agreements as a preventive means of protecting workers’ rights are divided into three factors: regulatory factors, legal culture factors, and legal structure factors.

Puspa Ayu Widhi Pangestu; Priyanto Priyanto; Ulul Albab; Sri Kamariyah

International Journal of Humanities and Social Sciences Reviews 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the application of good governance principles in the management of ECE grants by regional governments, focusing on aspects of transparency, accountability, public participation, and legal certainty. The study employs a qualitative approach using Qualitative Secondary Analysis (QSA), analyzing various secondary data sources such as policy documents, government reports, previous research findings, and relevant academic literature on education grant management. Data analysis was conducted systematically through data reduction, categorization, interpretation, and conclusion drawing. The results indicate that the implementation of transparency in ECE grant management is reflected in the openness of information regarding grant application procedures, recipient selection mechanisms, and fund usage reporting. Accountability is realized through administrative and financial accountability mechanisms that must be fulfilled by both regional governments and ECE institutions receiving the grants. Public participation is evident from the involvement of communities, ECE institution managers, and parents in the planning, implementation, and supervision of the grant program. Meanwhile, legal certainty in grant management is demonstrated by the existence of regulations that clearly govern grant provision mechanisms, fund disbursement procedures, and obligations for reporting and accountability in fund utilization. The study concludes that the application of good governance principles in the management of ECE grants by regional governments plays a crucial role in enhancing transparency, accountability, and effectiveness in educational fund management. Furthermore, community involvement and regulatory certainty serve as key supporting factors in achieving better governance of education grants.

Titik Sugianti

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The practice of independent nursing by nurses is a form of professional health services that require assurance of certainty and legal protection, especially after the enactment of Law Number 17 of 2023 concerning Health (Health Law) which integrates various health regulations. This study aims to analyze the form of legal protection for nurses in independent practice and identify the supporting and inhibiting factors for this legal protection. Problem formulation, 1) What is the form of legal protection for nurses who provide independent nursing practice services, 2) What are the supporting and inhibiting factors for legal protection for nurses who provide independent nursing practice. The research method used is normative legal research with a qualitative approach, sourced from secondary data in the form of laws and regulations and related legal literature. The results of the study show that the form of legal protection for nurses includes legality guarantees through STR and SIPP, compliance with professional standards and SPO, and the function of medical records as authentic evidence. The main supporting factors include the existence of a clear legal umbrella and nurses' compliance with regulations, while the inhibiting factors involve illegal practices (without permission), negligence in documentation, and ambiguity of authority. Conclusion: Legal protection for Nurse Practitioners in independent nursing practice is conditional and highly dependent on nurses' compliance with applicable legal norms and professional standards. Compliance with licensing, practice standards, and accurate documentation is the main key in optimizing the guarantee of legal protection.

Kadek Ayu Rima Ratnasari; I Made Suwitra; Nengah Renaya

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the registration of Deeds of Mortgage (APHT) that exceed the 7 (seven) day time limit in Badung Regency and the legal consequences that arise from this. The research uses empirical legal methods with a legislative, analytical, case, and legal sociology approach. Data was obtained through interviews with PPAT and the Badung Regency Land Office (BPN) as well as a study of secondary legal materials. The results of the study show that delays in APHT registration still occur both through the manual (offline) and electronic (HT-el) systems. The contributing factors include negligence or workload of PPAT, incomplete documents from the parties, administrative obstacles at the Land Office, and technical disruptions to the electronic system. Legally, delays do not invalidate APHT, but they delay the creation of mortgage rights because these rights only have legal force from the date of recording in the Land Registry. As a result, creditors do not obtain preferential rights and full legal protection before registration is carried out. PPATs who are late may be subject to administrative sanctions in accordance with official regulations. Based on the theories of utility, legal protection, and legal certainty, delays in APHT registration reduce the effectiveness of creditor protection and create potential legal uncertainty. Therefore, it is necessary to improve supervision and guidance for PPATs, as well as optimize the HT-el system to ensure legal certainty and protection in the practice of registering Mortgage Rights.

Luqman Guntur Ridhwani; Muhamad Jodi Setianto

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Bankruptcy is a legal mechanism used to resolve a debtor's inability to fulfill debt obligations collectively, orderly, and fairly through a court decision. In the Indonesian bankruptcy system, the curator has a central role in managing and settling bankrupt assets to protect the interests of creditors while providing legal certainty for debtors. This study aims to analyze the regulation of the curator's authority in managing and settling bankrupt assets and to examine its implications for the protection of creditors’ and debtors’ rights from a business law perspective. The research method employed is normative legal research with statutory and conceptual approaches, conducted through a literature review of various relevant primary, secondary, and tertiary legal materials. The results indicate that the curator’s authority is expressly regulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which provides a legal basis for the curator to manage, secure, sell, and distribute bankrupt assets to creditors in accordance with legal provisions. However, in practice, several obstacles remain, such as difficulties in tracking assets, potential conflicts of interest, and a lack of transparency, which may affect the effectiveness of legal protection. Therefore, the professionalism of the curator and the supervision of the supervising judge are crucial factors in ensuring legal certainty, fairness, and efficiency in the bankruptcy process.

Aina Zaskiandra; Alpin Jonatan Siagian; Dhea Lova Br Surbakti; Dirga Mulia Akbar; Idam Malik Sinulingga +1 more

Law and Justice research journal 2026 International Forum of Researchers and Lecturers

This study explores the phenomenon of abuse of authority in the investigation stage of corruption cases, focusing on various violations of practices, causative factors, and implications for justice and legal certainty. The study uses a normative juridical approach through the study of laws and regulations, legal doctrine, and empirical literature to build a comprehensive and systematic analysis. The findings indicate that oversight gaps, weak institutional control, and low integrity of the authorities are the main triggers for actions that go beyond authority, which in turn reduces the effectiveness of evidence and lowers public trust in law enforcement institutions. In addition, the lack of transparency and accountability mechanisms further exacerbates the risk of procedural violations during the investigation process. These conditions can potentially undermine the principles of due process of law and fairness in the criminal justice system. To address this problem, it is necessary to improve internal and external control mechanisms, strengthen supervision by independent institutions, and ensure the consistent implementation of disciplinary measures and legal sanctions against violators. By reinforcing these efforts, it is expected that law enforcement agencies can enhance professionalism, maintain integrity, and restore public confidence in handling corruption cases. (Soekanto & Mamudji, 2020; KUHAP; Corruption Law).

Anselina Florence Felicia Dado; Rudepel Petrus Leo; Deddy R. CH. Manafe

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study aims to analyze the factors causing the differences in legal treatment and their implications on the principles of equality before the law, legal certainty, and the principle of legality. The method used is empirical legal research with a juridical-sociological approach. This study involves case studies, interviews with law enforcement officers and victim advocates, as well as an analysis of regulations and court decisions. The results indicate that the differences in legal treatment are caused by the application of subjective detention requirements in the Criminal Procedure Code (KUHAP), law enforcement discretion, differing legal interpretations between prosecutors and judges, the quality of legal assistance for defendants, and social pressures and societal dynamics. The impact of these differences is the failure to achieve substantive justice, weakening legal certainty, and declining public trust in the criminal justice system. This research has significant academic urgency as it contributes to the development of the enforcement of laws regarding Human Trafficking (TPPO), emphasizing the need for consistency, transparency, and the protection of victims' rights in the application of criminal law.

Tamaaulina Br. Sembiring; Zavfirah Alya; Sinta Grace Ika Sianturi

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Family disputes over inheritance are a common social and legal issue in Indonesian society, often leading to long-term conflicts and even legal battles. This situation is influenced by the complex legal system of inheritance in Indonesia, which is pluralistic and includes Western civil law, Islamic law, and customary law. It is further complicated by social, cultural, economic, and psychological factors among the heirs. This study aims to analyze the causes of family disputes in inheritance distribution and examine the role of law in providing certainty, fairness, and benefits for all parties involved. The research method used is normative legal research with a jurisprudential approach, through the study of relevant legal regulations, legal doctrines, and court decisions. The findings show that inheritance disputes are generally caused by unfair distribution of assets, differing interpretations of law, conflicts between customary law, religious law, and national law, as well as poor communication and lack of transparency within the family. Therefore, resolving inheritance disputes requires not only the enforcement of law in a normative manner, but also non-litigious approaches such as mediation, family consultation, and increased legal awareness to maintain family harmony and legal certainty.  

Windi Anggraeni; Syira Ramadani

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

In Indonesia, copyright infringement in the music sector continues to be a significant issue, particularly when musical works are commercially exploited by businesses. This study examines the accountability of businesses towards music royalty payments through a case study of Mie Gacoan and the Collective Management Institute (LMK) SELMI. The research method used is normative juridical with additional research data collected through literature review, including related regulations and various previous studies on music copyright protection. The results of the study confirm that businesses are obliged to pay royalties for the use of copyrighted works, as stipulated in Law Number 28 of 2014 and Government Regulation Number 56 of 2021 concerning Song/Music Royalty Management. The dispute between Mie Gacoan and LMK SELMI demonstrates the weak awareness of businesses regarding legal obligations and highlights the importance of the LMK's role in ensuring the fulfillment of creators' economic rights. This study emphasizes that legal certainty, the level of public awareness of the law, and consistency in law enforcement are important factors in realizing copyright protection in Indonesia.

Mutiara Mutiara; Nazwa Fithri; M. Ikhsan Syahputra; Sabarudin Sabarudin; Tri Reni Novita

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of sudden resignations, which is common among Generation Z, has become a concern in the modern world of employment. Changes in mindset, expectations of work, and demands for work-life balance are the main factors driving these decisions. However, sudden resignations also raise legal issues related to breaches of employment agreements and the moral responsibilities of employees. This article discusses this phenomenon from the perspective of Indonesian labor law, outlining the contributing factors, the impact on employment relationships, and the legal provisions that govern it. This study uses a normative-descriptive approach based on Law Number 13 of 2003 concerning Labor and Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of the Job Creation Law into Law. This phenomenon shows a gap between normative labor regulations and the reality of a younger generation that is more dynamic and flexible in their work. Therefore, companies and policymakers need to be more adaptive in order to adjust labor regulations to the changing characteristics of today's workforce. In addition, this study also highlights the importance of effective communication between workers and employers to prevent sudden resignations. The results of this study are expected to contribute to the development of labor policies that are more responsive to the needs of Generation Z. Thus, a balance between legal certainty and flexibility in employment relationships can be achieved harmoniously.

Dewi, Dewa Ayu Anggi Diantari; Ramadiansyah, Sahri Aflah

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

This study aims to analyze the marketing strategy implemented by the Ngurah Rai Taxi Transportation Cooperative in responding to competition in the transportation industry in the digital era. Unlike application-based transportation companies, Ngurah Rai Taxi is a local transportation service provider that does not use a booking application, but instead relies on direct marketing activities at Ngurah Rai International Airport and the use of social media as a marketing communication tool. This study employs a descriptive qualitative approach, with data collected through in-depth interviews, field observations, and documentation. The research informants consist of an operational manager, field staff, a social media administrator, and taxi drivers. The findings indicate that the marketing strategy of Ngurah Rai Taxi emphasizes personal interaction, trust, and its image as an official airport taxi. Analysis using the AIDA model shows that consumer attention and interest are built through physical presence in the airport arrival area and direct communication, while desire and action are influenced by factors such as safety, fare certainty, and service comfort. This study confirms that direct service-based marketing strategies remain relevant and competitive within the context of Bali’s tourism market.

Ayu Purnamasari

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of artificial intelligence capabilities has the potential to facilitate the implementation of preventive measures. In order to mitigate potential risks, this study seeks to examine the legal status of artificial intelligence in Indonesia. The potential for artificial intelligence to function as both the subject and object of law is a salient factor in this analysis. The methodological approach employed is of a normative or doctrinal nature, emphasizing a comprehensive examination of the legal perspective on artificial intelligence. This study encompasses the objectives of progressive legal theory, the theory of legal subjects and objects, and the legal norms that apply in Indonesia. The results of the study indicate that in Indonesia, the prevailing legal framework regarding artificial intelligence (AI) currently categorizes it as an object of law. This implies that the owner, developer, and user of AI bear full responsibility for any consequences that may arise from its use. Advances in technology have led to the development of artificial intelligence capable of performing legal actions that were previously exclusive to humans. Consequently, the establishment of specific regulations pertaining to artificial intelligence is imperative to ensure legal certainty in the future.

Mukianto, Jandi

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Business entities often face bankruptcy risks due to various factors, including accounting errors, limited experience, or small-cap transactions. The COVID-19 pandemic exacerbated financial conditions for many companies, such as PT Garuda Indonesia (Persero) Tbk., which experienced a significant revenue decline. Additionally, individuals may face bankruptcy due to reasons like job termination or business failures. The primary cause of bankruptcy lies in the imbalance between debt and income, often worsened by poor financial planning. Government regulations can help mitigate bankruptcy risks, such as through health insurance and credit restrictions. The bankruptcy process aims to provide fair resolutions between debtors and creditors while safeguarding public interests. Bankruptcy can also offer debtors the opportunity to restructure their debt, maintain economic stability, and prevent social loss. In practice, bankruptcy involves the management of the debtor's assets by a trustee and the proportional distribution of proceeds to creditors. The application of freedom of contract and legal certainty principles in debtor-creditor relationships is crucial to ensuring a transparent, efficient, and equitable process.

Anggun Rahma Dewi; Ahmad Irzal Fardiansyah; Fristia Bardian Tamza

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The application of restorative justice by the police in cases of assault is based on Indonesian National Police Regulation Number 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. This regulation provides a basis for investigators in resolving criminal cases by exploring the values ​​of justice that exist in society. This study aims to analyze the application of restorative justice by the police in cases of assault and the inhibiting factors. The research method uses a normative juridical and empirical juridical approach, with secondary data through library research and primary data through field studies. The results indicate that the resolution of cases of assault complies with the provisions of the regulation, as both formal and material requirements are met, and a peace agreement exists between the perpetrator and victim. This process adopts local wisdom values ​​by involving the perpetrator, victim, their respective families, and community leaders. However, obstacles to its implementation exist, including third-party intervention from the victim's family, the perpetrator's limited financial capacity, external interests, lack of community understanding, and communication barriers between the perpetrator and victim. Therefore, specific regulations regarding restorative justice are needed, incorporated into criminal procedural law provisions, for example through the Criminal Procedure Code (RKUHAP), to provide a strong legal basis and ensure legal certainty.

Herianto Setiawan

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

The rise in corruption cases in Indonesia significantly hampers investment, impacts national economic growth, and undermines the integrity of public institutions. This study highlights the strategic role of public mobilization as guardians of transparency in preventing potential corruption at the Danantara Investment Management Agency (BPI). Using a normative legal research approach enriched by qualitative analysis of the regulatory framework and best practices, this study examines the legal basis supporting public participation and formulates an effective corruption prevention strategy in the digital era. The results show that optimizing the role of the public through information transparency and the use of information and communication technology (ICT) plays a crucial role in building accountability and detecting irregularities. Access to audit data, financial evaluations, and public information is an important instrument in strengthening oversight. The use of ICT allows the public to analyze anomalous patterns, assess institutional performance, and provide constructive feedback on investment management policies. However, this mobilization faces significant challenges. First, the complexity of financial and regulatory data often makes it difficult for the general public to interpret. Second, limited digital literacy hinders the public's ability to utilize oversight technology. Third, the urgent need for certainty of legal protection for whistleblowers or oversight participants is a determining factor in the success of the mobilization. Therefore, strengthening regulations that guarantee legal protection, increasing digital literacy capacity, and developing user-friendly public oversight platforms are necessary. Synergy between the government, investment management institutions, and the public is key to creating a transparent, responsive, and adaptive oversight system to technological developments. This way, the active role of the public can be optimized to strengthen the integrity of BPI Danantara and promote a healthy investment climate in Indonesia.

M. Arif Syahputra; Evita Isretno Israhadi

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the crucial role of legal certainty in the management of natural resources, with a focus on forest areas, as a key factor in ensuring a balanced approach to economic use, environmental sustainability, and the protection of community rights. Forests, both with and without tree cover, require clear legal frameworks to prevent overlapping claims, illegal activities, and degradation. The state's authority in regulating the status and function of forest areas is vital and must be supported by coherent, enforceable policies. Employing a normative juridical method, this research examines primary, secondary, and tertiary legal sources, particularly Law Number 41 of 1999 concerning Forestry, to assess the extent to which Indonesia’s legal system provides certainty in forest area governance. The findings reveal that legal certainty is still challenged by overlapping regulations, inconsistencies in enforcement, and gaps between formal legal provisions and their implementation in the field. These issues often lead to land conflicts, unclear tenure rights, and unsustainable exploitation. Nevertheless, when implemented effectively, the legal framework has the potential to promote responsible management practices, preserve biodiversity, and safeguard indigenous and local communities' rights. The study underscores the need for harmonizing sectoral laws, strengthening institutional coordination, and improving transparency in forest area designation and use. Legal certainty is not only a prerequisite for sustainable development but also a cornerstone for legal justice and equitable resource governance. This paper contributes to the discourse on forest policy reform and aims to inform legislators, policymakers, and stakeholders involved in natural resources management about the importance of strengthening legal foundations for better governance and sustainability.

Aina Mulia Rizky; Parlaungan Gabriel Siahaan; na Diva Ivan De La Pena Ginting; Desi Marlina Sidabutar; Nazwa Clarissa +1 more

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

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

Jekli Tosubu; Robby Waluyo Amu; Ibrahim Ahmad

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The implementation of police discretion in the process of investigating criminal defamation cases shows that discretion is an important instrument for police officers in assessing, determining, and following up on a criminal report based on urgency, public interest, and the principles of proportionality and professionalism. In cases of defamation, which are often subjective and private, discretion allows investigators to consider various factors such as motive, impact, and the possibility of resolution outside the criminal path. Factors Affecting the Implementation of Police Discretion in the Process of Investigating Criminal Defamation Cases show that discretion is not carried out absolutely, but is influenced by various internal and external factors, namely: Legal and Regulatory Aspects, Case Characteristics, Professionalism and Ethics of Investigators, Social and Environmental Pressure, Facilities and Resources. Police Discretion should be regulated more clearly in positive law other than Law Number 2 of 2002 and the Criminal Procedure Code so that the principles of Legal Certainty and Respect for Human Rights are more apparent. Police offices need to provide special facilities such as mediation rooms that are neutral, comfortable, and support the creation of a dialogical atmosphere between the disputing parties. Increasing the number of investigators and managing a more balanced workload will provide space for investigators to consider the discretionary path more seriously without sacrificing work efficiency. The Standard Operating Procedure (SOP) for discretion at the Polres level needs to be adjusted to local socio-cultural characteristics. In Gorontalo, for example, a legal approach that is sensitive to family values and customs must be officially accommodated in work procedures.