SciRepID - Scientific Publication Search

Publication Search

29,769 articles from 386 journals · 1,447 citations tracked

Showing 1-20 of 228

Analytics

Ahmad Muhamad Mustain Nasoha; Elsya Novitasari Anggraini; Ratna Ayu Fitriana; Rahmania Nur Aslami

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

This study analyzes the reconstruction of Human Rights (HR) in Indonesia through the integration of Pancasila values and Islamic Religious Education (IRE) within the framework of Islamic Sociological Jurisprudence. In the Indonesian context, human rights are not merely perceived as universal individual liberties, but are understood within broader philosophical, religious, and socio-cultural dimensions. Pancasila functions as the foundational framework that harmonizes individual rights with social responsibilities, while Islamic teachings provide normative and theological foundations through principles such as maqasid al-shari‘ah, justice (‘adl), and human dignity (karamah insaniyyah), as well as Qur’anic values of tolerance and moderation (tasamuh and wasatiyyah). This research adopts a qualitative method with a descriptive approach based on literature review, drawing upon various scholarly sources related to human rights, Islamic education, and sociological jurisprudence. The findings reveal that the integration of Pancasila and Islamic Religious Education generates a comprehensive understanding of human rights that is both normative and contextual. Moreover, empirical findings indicate that a deeper comprehension of Qur’anic teachings on tolerance is positively correlated with the development of moderate and inclusive attitudes, thereby highlighting the significant role of education in internalizing human rights values. Additionally, the historical transition from pre-Islamic (Jahiliyyah) society to the Islamic era demonstrates that Islamic teachings function as an agent of social transformation by promoting justice, equality, and the protection of marginalized groups. From the perspective of Islamic Sociological Jurisprudence, law is viewed as a dynamic system that must remain responsive to evolving social conditions, ensuring that the reconstruction of human rights remains relevant and adaptable. In conclusion, the synergy between Pancasila values, Islamic teachings, and sociological legal approaches contributes to the formation of a more inclusive, balanced, and culturally grounded human rights paradigm in Indonesia.

Ni Komang Githa Chandra Dew; Komang Febrinayanti Dantes; Ni Ketut Sari Adnyani

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aimsmto examineiin depthvthe perspective of information technology law and human rights on the phenomenon of political buzzers on social media within the context of digital development in the era of globalization. This research is motivated by the rapid advancement of information technology, which has brought significant changes in various aspects of society, including the political sphere that increasingly utilizes social media as a means of communication and information dissemination. The phenomenon of political buzzers has become a controversial issue, particularly during election periods, as it is often associated with the spread of inaccurate information, defamation, hate speech, and the manipulation of public opinion that may harm society and disrupt social stability. This study employs a normative legal research method using statutory and conceptual approaches. The results indicate that political buzzers generally operate under the justification of freedom of expression as part of human rights. However, such freedom is not absolute and must be limited to prevent violations of others' rights and to maintain public order. In this regard, information technology law in Indonesia, particularly through regulations governing digital activities, plays an important role in controlling deviant buzzer practices. Nevertheless, the absence of specific regulations explicitly governing political buzzers has resulted in less optimal law enforcement. Therefore, strengthening regulations and increasing public awareness in the wise use of social media are necessary to create a healthy, responsible, and sustainable digital ecosystem.

Kearen Elvira Naftali; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This practice is essentially based on clauses in employment contracts intended to prevent employees from resigning before the contract term expires. However, from a legal perspective, this practice raises challenges regarding the validity of employment contracts and the legal protections afforded to employees. The objective of this study is to evaluate the validity of the diploma retention practice through the lens of labor law and civil law, as well as to explore the types of legal protections that may be available to employees. The research methodology employed is a normative legal approach, utilizing a legal and conceptual framework, and supported by a literature review of primary and secondary legal sources. This analysis emphasizes the principles of contract law, labor protection principles, and relevant human rights standards. The research findings indicate that the practice of withholding diplomas lacks a clear legal basis under Indonesian law and potentially violates the criteria for the validity of contracts, particularly regarding the abuse of circumstances (misbruik van omstandigheden). Furthermore, this practice can be categorized as an illegal act because it infringes upon workers’ property rights and their freedom to seek employment. Legal protection for workers can be facilitated through preventive strategies, such as strengthening labor regulations and oversight, as well as through enforcement actions, including civil litigation and the resolution of industrial disputes.

Panji Lanjuardi; Bahrul Ulu; Hermanto Harun; Abdul Halim

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

This study aims to examine the normative construction and practical implementation of criminal sanctions against narcotics abusers from the perspectives of Islamic criminal law and Indonesian positive law, as well as to formulate an integrative policy model that is more just, humane, and context-sensitive in Bungo Regency. Narcotics abuse constitutes a multidimensional problem involving legal, social, moral, and public health dimensions. Therefore, a comprehensive approach is required to integrate the normative values of Islamic criminal law with the national legal system. This research employs a normative-empirical approach using comparative legal analysis, examining statutory regulations, doctrines of Islamic criminal law, and law enforcement practices at the local level. The findings indicate that Islamic criminal law frames narcotics abuse within the protection of maqāṣid al-sharī‘ah, particularly the preservation of intellect (ḥifẓ al-‘aql) and life (ḥifẓ al-nafs), thereby emphasizing not only punitive but also educational and rehabilitative orientations through the instrument of ta‘zīr. Meanwhile, Indonesian positive law, particularly Law No. 35 of 2009 on Narcotics, provides legal space for rehabilitation; however, its implementation still encounters structural and cultural challenges. This study concludes that integrating Islamic criminal law principles with the national legal framework may produce a more responsive sentencing model that upholds substantive justice, human rights protection, and effective narcotics control. Policy reformulation grounded in religious values, restorative approaches, and social rehabilitation is recommended as a strategic direction for national criminal law reform.

Fauzi Anshari Sibarani

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

Forced labor of children by parents remains a serious issue in the protection of children's rights in Indonesia, especially when such practices are justified on the basis of family economic needs. This study aims to analyze the legal provisions protecting children by forced labor by parents and to examine the obstacles to law enforcement. The research method used is normative legal research by a literature review approach, through an examination of relevant laws, legal principles, and legal doctrines. The findings of the research intricate that, legal positive indonesia there are a good constitutional and juridical legal basis in context is 1945 Constitution of the Republic Indonesia, Child Protection Law, Manpower Law and Convention on The Rights of Children which that make forced child labor as an economic exploitation categorization is prohibited. But the success of legal protection continues to run up against both legal and sociological challenges, including the murky borderlines of forced labour within the family, the challenge of proving psychological coercion and poverty-nurtured cultural attitudes towards child labour. Therefore a comprehensive approach, including law enforcement and social policies based on the best child interest is necessary.

Miranda Kaira Pangestu; Sihab, Wahyu

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The purpose of this study is to analyze Mohammed Ghaly's thoughts from a theological and legal perspective on disability and its implications for social inclusion. This research uses a qualitative approach based on literature studies with in-depth analysis of primary Islamic sources such as the Qur'an, hadith, and tafsir, kalam, and fiqh literature from various periods. Ghaly seeks to reveal the normative attitude of this religion towards persons with disabilities and its implications for social inclusion. The analysis utilizes contemporary disability studies to examine Ghaly's concepts in Islamic theology and law regarding the inherent nature and fundamental rights of persons with disabilities. However, he also emphasizes the need for new interpretations and contextualizations of this textual heritage based on the values of justice, inclusion, and empowerment. The findings of this study show that there is a stigma associated with disability due to the conflict between Islamic idealism and social reality. Nevertheless, the main principles and laws of Islam provide strong normative guidance for the dignity of persons with disabilities.

Deki Marizaldi; M. Herdi Pratama; Lindrianasari Lindrianasari; Tagor Hutapea

International Journal of Social Sciences and Communication 2026 International Forum of Researchers and Lecturers

This study aims to provide a comprehensive analysis of Predictive Policing and its implications for law enforcement transformation in Indonesia, based on an extensive review of its global applications, benefits, and challenges. The study uses qualitative literature and international case study review methods to assess the impact and complexity of implementing digital technologies such as artificial intelligence (AI), machine learning, and big data analytics within a Predictive Policing framework. The results of this review highlight that while Predictive Policing offers significant potential for proactive crime prevention and increased operational efficiency, its implementation is consistently fraught with critical legal, ethical, and technical challenges, including regulatory gaps, risks of algorithmic bias, and data privacy concerns, which are particularly relevant to Indonesia. The findings underscore that public trust and police legitimacy in the context of adopting such technologies are strongly influenced by transparency, strong accountability mechanisms, and community involvement in shaping their use. This study contributes to the growing discourse on digital policing in developing countries and culminates in practical policy recommendations designed to guide the Indonesian police towards the development and implementation of Predictive Policing models that are effective, efficient, and fundamentally respectful of legal and human rights principles.

M. Yunasri Ridhoh; Sri Astuti Nasir; Indri Iswardhani; Nur Fadilah Ayu Sandira; Nulthazam Sarah

Manfaat : Jurnal Pengabdian Pada Masyarakat Indonesia 2026 Asosiasi Riset Ilmu Tanaman Dan Hewan Indonesia

The rapid development of digital technology has brought significant changes to social life, particularly among university students as an educated group and agents of change. On the one hand, digital spaces provide opportunities for freedom of expression and public participation; on the other hand, they also present various challenges related to Human Rights (HR), such as privacy violations, the spread of hate speech, disinformation, and cyberbullying. These conditions highlight the importance of strengthening students’ capacity to ensure they possess adequate understanding and awareness of human rights values in the digital era. This community service article aims to enhance students’ human rights awareness through capacity-building activities conducted within the university environment. The service method was implemented through educational activities in the form of seminars, material presentations, and interactive discussions addressing fundamental human rights concepts, digital ethics, privacy protection, and responsible freedom of expression.The results of the activities indicate an increase in students’ understanding and awareness of human rights issues in the digital era, as well as the development of more critical and ethical attitudes in utilizing digital spaces. This initiative also strengthened the synergy between higher education institutions and the government in promoting human rights awareness among students. Overall, this community service activity makes a positive contribution to strengthening students’ capacity to face human rights challenges in the digital era.

Adde Ramadhani; Abdul Halim; Risnita Risnita

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

One of the most contentious topics in modern Islamic family law is polygamous marriage, especially in plural legal systems like Indonesia where national laws and human rights concepts collide with religious standards. With an emphasis on the pursuit of substantive justice within both Islamic and national legal paradigms, this study uses a socio-legal framework to analyze Indonesia's reform of polygamous marriage law. In order to evaluate the efficacy of current legal regulations, such as Law No. 1 of 1974 as amended by Law No. 16 of 2019 and the Compilation of Islamic Law, this study combines the principles of maqāṣid al-sharīʿah with socio-legal theory, drawing on normative-theological analysis and qualitative doctrinal research. The results show that normative legal ideals and actual socio-legal reality continue to diverge. The ability of statutory rules to provide women and children with meaningful protection is limited because, although they set stringent procedural requirements to prevent polygamy, their execution frequently remains formalistic and institutionally constricted. Furthermore, the achievement of justice as envisioned in Islamic ethical principles is undermined by the persistence of dominant patriarchal legal cultures in influencing judicial procedures and public attitudes. In order to reframe polygamy as a conditional socio-ethical institution rather than an inalienable legal privilege, this paper suggests a reform-oriented legal framework. The study promotes a contextualized view of Islamic law that is consistent with both international human rights norms and constitutional ideals by placing a strong emphasis on substantive justice, gender fairness, and public benefit. The results provide policy-relevant insights for creating a more just and socially responsive family law system in Indonesia and add to the ongoing discussions on Islamic legal reform.

Affandi Harlanda Baros; Muh. Mulyadi; Kurniati Kurniati

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Radicalism and terrorism pose serious threats to national security and social order in Indonesia. In response, the state implements deradicalization policies that emphasize not only repressive measures but also preventive and rehabilitative approaches. Nevertheless, these policies require critical constitutional review to ensure their conformity with the rule of law and the protection of human rights. This study aims to analyze the constitutional foundations, the framework of positive legal regulations, and the challenges in implementing deradicalization policies in Indonesia. The research employs a normative juridical method with statutory and conceptual approaches, using library research on primary, secondary, and tertiary legal materials. The findings indicate that deradicalization policies are supported by a strong constitutional basis under the 1945 Constitution of the Republic of Indonesia, particularly regarding the state’s obligation to protect citizens and guarantee the right to security. However, their implementation remains constrained by regulatory disharmony, weak inter-agency coordination, limited institutional capacity, and socio-cultural challenges within society. Therefore, strengthening institutional synergy, adopting more contextual and humane approaches, and improving regulatory frameworks are essential to ensure the effectiveness and sustainability of deradicalization policies.

Jessica Carina Baptista Ferreira; Dewa Gede Sudika Mangku; Ni Putu Rai Yuliartini

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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

Agus Salim; Achmad Faishal; Suprapto Suprapto

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

Detention is one of the most coercive measures in the criminal justice process and is intended to ensure the effectiveness of criminal proceedings. In many legal systems, public prosecutors are granted authority to order detention against suspects or defendants under specific legal requirements. However, the practical effectiveness of detention by public prosecutors in achieving procedural objectives and safeguarding legal rights remains a subject of debate. This study aims to examine the effectiveness of detention carried out by public prosecutors against perpetrators of criminal acts, focusing on its legal basis, implementation, and impact on the criminal justice process. Using a normative juridical approach supported by qualitative analysis of legislation, legal doctrines, and relevant case studies, this research evaluates whether prosecutorial detention fulfills principles of legality, necessity, proportionality, and human rights protection. The findings indicate that while detention by public prosecutors can enhance procedural efficiency and prevent obstruction of justice, its effectiveness is often constrained by inconsistencies in application, weak judicial oversight, and potential risks of arbitrary detention. This study concludes that strengthening legal safeguards, standardizing detention criteria, and enhancing accountability mechanisms are essential to ensure that detention by public prosecutors remains both effective and compliant with the rule of law.

I Made Dwi Cahya Prayogi Putra; Made Sugi Hartono; I Wayan Kertih

Perspektif Administrasi Publik dan hukum 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid expansion of digital media use has intensified the practice of cyberbullying as a form of non-physical violence that seriously affects victims’ mental health, dignity, and human rights. In Indonesia, cyberbullying is not specifically regulated and still relies on general provisions in the Law on Electronic Information and Transactions (EIT Law), which often lead to multiple interpretations, overcriminalization, and potential restrictions on freedom of expression. This article aims to analyze the urgency of establishing a specific criminal offense for cyberbullying within the framework of human rights protection and the principle of proportionality in limiting freedom of expression in the digital sphere. This study employs a normative legal research method using statutory, conceptual, and comparative approaches to regulations in several countries. The findings indicate that the absence of specific norms on cyberbullying creates legal uncertainty and weakens victim protection while also opening opportunities for the misuse of legal provisions against legitimate expression. Therefore, it is necessary to formulate clear, proportional, and victim-oriented criminal regulations, supported by fair and transparent law enforcement mechanisms that are consistent with human rights principles in the digital era.

Mohamad Ihsan Ramdani; Neni Ruhaeni; Ratna Sri Suminar

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the binding force of the WHO Patient Safety Rights Charter (2024) as a soft law instrument within the Indonesian legal system and evaluates the potential application of its principles in the formulation of national health policies. The research employs a normative juridical method with descriptive, analytical, and comparative approaches toward international norms, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Global Patient Safety Action Plan (2021–2030), as well as relevant national regulations. The findings indicate that although the WHO Charter is not legally binding, it possesses substantial normative and moral authority derived from the ethical legitimacy of the World Health Organization and its alignment with the principles of the right to health. In Indonesia, several principles of the Charter have been partially reflected in Law No. 17 of 2023 on Health; however, normative gaps remain, particularly regarding patients’ participatory rights and medical justice. Soft law acquires its normative strength through moral legitimacy, broad acceptance, and integration into domestic policy frameworks. The study concludes that strengthening legal protection for patient safety in Indonesia requires the explicit incorporation of the WHO Charter’s principles into implementing regulations, thereby fostering a health law system that is equitable, accountable, and grounded in human rights.

Nursani, Adila; Suherman, Anisa Salsabila; Apriliani, Berliana Mawar; Sofyan, Keysa Kailani; Nadiawati, Khansa +2 more

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abstract. This study aims to examine the causes, forms, and strategies for combating violence against female Indonesian migrant workers (PMI) from a legal, sociological, and gender perspective. The background of this research is based on the vulnerability of female PMI to various forms of physical, psychological, sexual, and economic violence, which occurs from the pre-placement stage to the post-placement stage, as well as the long-term impact on mental health, human rights, and socio-economic reintegration. The method used is empirical legal with primary data collection through in-depth interviews with female PMI victims of violence and accompanying institutions, as well as secondary data in the form of literature reviews, laws and regulations, and scientific publications. The analysis was conducted using descriptive qualitative methods, integrating human rights theory, Feminist Legal Theory, and international migration policy. The results of the study show that the vulnerability of female migrant workers is caused by economic factors, education, patriarchal culture, non-transparent recruitment processes, the characteristics of work in the informal sector, power imbalances with employers, and weak legal protection in the destination country. The forms of violence experienced include beatings, sexual harassment, threats, social isolation, wage withholding, and structural exploitation practices. Protection efforts implemented include preventive approaches through training, legal education, legal document guarantees, and assistance from law enforcement agencies, as well as repressive approaches through action against perpetrators of violence and bilateral cooperation with destination countries. This study emphasizes the importance of comprehensive and sustainable protection for female Indonesian migrant workers, covering all stages of labor migration as well as strengthening digital-based monitoring systems, officer capacity, and cross-sector collaboration to ensure the safety, dignity, and fulfillment of the human rights of female Indonesian migrant workers.  

I Made Kresna Sanjaya Aditama

Perspektif Administrasi Publik dan hukum 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The reform of criminal law in Indonesia has become an increasingly urgent necessity in line with social developments, technological advancement, and the growing complexity and diversity of crime. Law Number 1 of 2023 concerning the new Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) emerges as a comprehensive effort to replace the colonial-era Criminal Code and to align the national criminal law system with the current conditions of Indonesian society. This new Criminal Code introduces several significant changes, including the regulation of cybercrime, protection of the environment, the reinforcement of humanitarian values, and the strengthening of the principle of limiting criminal sanctions on individual liberty in order to ensure the protection of human rights. This paper aims to analyze the direction and substance of the Criminal Code reform, evaluate its potential implementation, and assess the implications of these changes for criminal law enforcement practices in Indonesia. The research method employed is a literature review using a normative approach, conducted through the analysis of statutory regulations, criminal law theories, and relevant case studies. The results of the analysis indicate that the new Criminal Code provides a more adaptive and responsive legal framework to contemporary issues; however, the effectiveness of its implementation largely depends on the readiness of law enforcement authorities, the intensity of regulatory socialization, and the level of public legal awareness. This study concludes that criminal law reform represents a strategic step toward realizing a criminal justice system that is more just, effective, and aligned with the values of Pancasila.

Komang Yudiani; Made Sugi Hartono; I Nengah Suastika

Perspektif Administrasi Publik dan hukum 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The enactment of Law Number 1 of 2023 concerning the Criminal Code introduces the criminalization of cohabitation under Article 412, sparking public debate regarding state intervention in private spheres. This research aims to analyze the challenges faced by law enforcement in implementing cohabitation regulations within Indonesia’s pluralistic society. Utilizing a normative judicial research method with statute and conceptual approaches, this study examines secondary legal data including the New Criminal Code and various legal doctrines. The findings indicate that while Article 412 is designed as an absolute complaint-based offense to balance institutional marriage protection with individual privacy, its implementation faces substantial sociological hurdles. These challenges include potential conflicts with living law such as customary and religious norms, risks of over-criminalization, and the threat of social vigilantism due to public misinterpretation. This research implies that law enforcement must prioritize restorative justice and intensive socialization to prevent human rights violations and maintain social harmony in a diverse cultural landscape.

Fahrurazzi Fahrurazzi

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

The protection of suspects’ rights during the investigation phase is a fundamental component of a fair and effective criminal justice system. This study examines the implementation of the principle of due process of law in Indonesia and its implications for safeguarding human rights in criminal investigations. Utilizing a normative legal research approach, supported by statutory and conceptual analysis, the research evaluates both the legal framework and practical application of suspects’ rights under the Indonesian Criminal Procedure Code (KUHAP), the 1945 Constitution, and international human rights instruments such as the ICCPR. Findings indicate that while Indonesia has established comprehensive regulations to protect suspects, the practical implementation remains inconsistent due to structural, cultural, and procedural challenges. Deviations such as limited access to legal counsel, incomplete documentation of interrogations, and occasional coercive practices undermine adherence to due process standards. The study highlights the critical need for regulatory improvements, capacity building for investigators, and strengthened supervision mechanisms to ensure full protection of suspects’ rights. Enhancing the conformity of investigative practices with due process principles is essential not only for safeguarding individual rights but also for maintaining public trust and the integrity of the Indonesian criminal justice system.

Bari Candramedi

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

The investigation stage constitutes a crucial phase in the criminal justice system, as it determines the direction and quality of subsequent law enforcement processes. Within the context of Indonesian criminal procedural law, the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana/KUHAP) grants extensive authority to law enforcement officials, particularly investigators, in order to ensure the effective disclosure of criminal offenses. However, such dominance of authority has the potential to create an imbalance between the interest of law enforcement effectiveness and the protection of human rights, especially when it is not accompanied by adequate mechanisms of limitation and oversight. This study aims to critically analyze the dominance of law enforcement authority at the investigation stage and its implications for law enforcement effectiveness and the potential for abuse of power. The research employs normative legal research using statutory and conceptual approaches, supported by qualitative analysis of legal doctrines, legislation, and relevant academic literature. The findings indicate that while the dominance of investigative authority does contribute to the effectiveness of investigations, it simultaneously creates opportunities for abuse of power due to weak internal and external oversight mechanisms. This condition results in the erosion of the principles of due process of law and the protection of suspects’ rights within the criminal justice system. Therefore, this study emphasizes the need to strengthen judicial control mechanisms, enhance the accountability of law enforcement officials, and reform criminal procedural law in order to achieve a balance between effective law enforcement and the protection of human rights within a democratic rule-of-law state.

Artyson Firman Poyoh; Emha Rifaq Alhaqi; M. Rayhan Nova Ramadhan

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

Minister of Culture Fadli Zon's controversial statement, casting doubt on the existence of mass rape in the May 1998 Tragedy, sparked a strong public reaction, particularly from victims and human rights activists. This study aims to analyze Fadli Zon's statement as a form of identity politics in the context of contemporary Indonesian politics. This research uses a descriptive qualitative method with a discourse analysis approach to public statements, media coverage, and official documents such as reports from the National Commission on Violence Against Women and the Joint Fact-Finding Team (TGPF). The results show that Fadli Zon's statement is not merely a personal view, but rather a representation of identity politics that has the potential to obscure historical truth and reinforce social polarization. The identity politics that emerged in this discourse demonstrates how political power can influence the construction of national history and marginalize minority groups, particularly Chinese women victims of sexual violence. This study emphasizes the importance of historical honesty and the moral responsibility of political elites in preserving the nation's collective memory.