SciRepID - Scientific Publication Search

Publication Search

35,802 articles from 393 journals · 1,447 citations tracked

Showing 1-20 of 27

Analytics

Kadek Purbhawadi; I Nengah Suastika; Dewa Gede Herman Yudiawan

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

This study discusses the reform of criminal law regarding acts of abuse of power within the Indonesian legal system. Abuse of power committed by public officials constitutes a serious violation of the rule of law and the principle of equality before the law because it can harm society and weaken public trust in the government. The old Criminal Code inherited from the colonial era was considered incapable of providing an optimal deterrent effect against perpetrators of abuse of authority. Therefore, the enactment of Law Number 1 of 2023 concerning the New Criminal Code became an important step in the reform of criminal law in Indonesia. This study aims to analyze criminal law reform policies in overcoming abuse of power and the effectiveness of their implementation in law enforcement. The results show that the new Criminal Code expands regulations regarding abuse of authority with stricter criminal sanctions and additional penalties in the form of revocation of office rights. However, its implementation still faces challenges such as political intervention, low integrity of law enforcement officials, and the potential overlap with the Corruption Eradication Law. Therefore, the success of criminal law reform requires the support of legal substance, legal structure, and legal culture that work in harmony.

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.

Riskita Riskita; Muhammad Abdur rohim; Ni’matur Rohmah; Nur Faizah; Muslehatul Fa’izeh +1 more

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article explores legal accountability for flood disasters occurring in several regions of Sumatra, which are widely alleged to result from large-scale logging activities. The analysis is conducted within the framework of the Indonesian legal system, with particular emphasis on contract law. This study adopts a literature-based research method by examining statutory provisions, legal doctrines, and relevant scholarly publications. The analysis demonstrates that flood events should not be understood solely as natural occurrences, but rather as ecological consequences arising from the failure to fulfill contractual obligations embedded in forest utilization permits. From a contract law perspective, forestry concessions establish binding legal relationships that impose environmental protection duties on permit holders in accordance with the principle of pacta sunt servanda. Logging activities that exceed authorized limits may therefore be classified as contractual default (wanprestasi) and, at the same time, constitute unlawful acts that cause harm to the state and affected communities. Accordingly, this study underscores the necessity of strengthening environmental protection clauses within concession agreements and applying strict liability principles to enhance legal responsibility and prevent recurring environmental harm.

Thea Farina

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This article provides a comprehensive examination of the application of the lex loci celebrationis principle in the execution of notarial deeds involving foreign legal subjects within the Indonesian legal system. The principle affirms that any authentic deed executed in Indonesia must comply with national legal requirements, regardless of the parties’ nationality or the existence of transnational legal relations. Through normative legal research employing statutory, conceptual, comparative, and case-study approaches, this article elucidates how the lex loci celebrationis principle interacts with private international law, particularly in relation to the legal capacity of foreign nationals, the use of foreign documents, and the limits of jurisdiction. The analysis reviews the Law on Notarial Office, the Indonesian Civil Code, population administration regulations, as well as doctrinal developments and jurisprudence pertaining to international legal acts. The findings indicate that although the substantive aspects of an agreement may refer to foreign law through lex voluntatis, the formal validity of a notarial deed remains entirely governed by Indonesian law. These findings underscore the need to enhance the competence of notaries in understanding the dynamics of private international law and highlight the importance of harmonizing national regulations with the principles of private international law to ensure legal certainty in cross-border transactions.

Azzahra, Nazwa; Isnaini, Putri; Sabrina Nur Karimah Nst; Rumahombar, Cintya Agata; Jaya Damanik

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This study aims to examine the level of mastery and application of Pancasila values as the state's philosophical foundation (Philosofische Grondslag) among Indonesian students, particularly in facing the currents of globalization and information disruption in the digital era. From a legal perspective, Pancasila holds the position of the state's fundamental norm (Staatsfundamentalnorm) which serves as the basis for the entire Indonesian legal system (Grundnorm), while also functioning as the nation's unifying bond and national worldview (Weltanschauung). The research employed a quantitative descriptive method with an incidental sampling technique involving 10 students as respondents. The data collection tool was a closed questionnaire using a Likert scale with four response options, evaluating four dimensions: (1) mastery of the five Sila principles, (2) understanding of Pancasila as the state foundation, (3) historical knowledge of the Pancasila formulation, and (4) practice of Pancasila values in daily activities. The findings indicate a very adequate level of understanding among respondents regarding Pancasila's position as the state foundation (93.3% Strongly Agree) and the urgency of understanding Pancasila for all Indonesian people (93.3% Strongly Agree). The majority of respondents felt capable of describing the five Sila principles (73.3% Strongly Agree) and understood Pancasila's function in maintaining national unity. The implementation of Pancasila values in daily behavior, such as tolerant attitudes and the spirit of gotong royong (mutual cooperation), showed a high level of affirmation (an accumulation of 86.6% Agree and Strongly Agree). Nevertheless, a gap in understanding was identified in the dimension of the history of Pancasila's formulation, with 20% of respondents giving a neutral response. Educational institutions were deemed to have contributed effectively (a total of 93.3% Agree and Strongly Agree) in promoting the internalization of these values.Comprehensively, the level of student understanding of Pancasila as the state foundation is categorized as satisfactory. This study suggests strengthening the learning material regarding the historical process of Pancasila's ratification and innovation in teaching methods that are more contextual, creative, and applicable (educational, recreational, reflective, and futuristic) to ensure the comprehensive internalization of Pancasila values—covering cognitive, affective, and psychomotor aspects—as a pillar of national ideological resilience in facing future challenges.

Zulrijal Bushido Gani; Najamuddin Gani

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The formation of regional regulations (Perda) is a constitutional derivative of the implementation of regional autonomy within the framework of the Indonesian legal system. Substantively, Perda function as regulatory instruments aimed at accommodating the specific interests of local communities, in line with fundamental values, contextual needs, and the hierarchy of applicable laws and regulations. However, the high frequency of annulment or cancellation of Perda indicates dissonance or non-compliance with the principles of sound legislative formation. This phenomenon raises the urgency to review the extent to which philosophical, sociological, and legal foundations have been internalized and comprehensively implemented in the regional legislative process. Therefore, this study focuses on analyzing the relevance of these three fundamental foundations to the quality and legitimacy of regional legal products. This study adopts a normative-juridical legal research method, involving descriptive analysis of the corpus of laws and regulations, legal doctrine, and the empirical practice of Perda formation. The results highlight that: the philosophical foundation provides a normative orientation in the form of ethical-teleological values ​​and goals; the sociological foundation reflects the actual needs and social realities of the communities subject to regulation; Meanwhile, the legal basis guarantees formal legality and vertical and horizontal consistency with the national legal system. Key findings indicate that these three foundations are inherently relevant and complementary in determining the quality of regional regulations. Synergy and harmonious integration between them are essential prerequisites for producing regional legal products that have legal validity, are capable of upholding substantive justice, and are responsive to the dynamics of public needs.  

Aprillia, Nabila; Khasanah, Dian Ratu Ayu Uswatun; Pongantung, Ronald Jolly

DINAMIKA HUKUM 2025 Universitas Stikubank

The development of artificial intelligence technology has given birth to deepfake technology which has the potential to be misused to damage a person's digital identity. This research aims to analyze the mode of misuse of deepfake technology in Indonesia, examine its legal implications based on applicable laws and regulations, and examine the urgency of special regulation of deepfake in the Indonesian legal system. Applicable, as well as examining the urgency of special arrangements against deepfake in the Indonesian legal system. The research method used is normative juridical legal research with statutory and conceptual approaches, and data collection is carried out through literature study of primary, secondary, and tertiary legal materials tertiary. The results show that deepfake abuse can take the form of spreading fake videos, face forgery and digital identity-based fraud that harms victims socially, legally and psychologically. Although several articles in the ITE Law, Personal Data Protection Law, and Criminal Code can be used to charge perpetrators, these regulations have not specifically and explicitly regulated the characteristics and technical aspects of deepfake-based crimes. This creates obstacles in law enforcement and victim protection. Therefore, it is necessary to establish special regulations or amend existing laws so that the legal system in Indonesia is able to answer the challenges of deepfake technology appropriately, fairly, and effectively.

Shindu Prastu Qildi Wibowo Mukti; Abd. Wachid Habibullah

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Restoration for victims of criminal acts is an essential aspect of the judicial system that is often overlooked. Law enforcement efforts tend to focus on perpetrators, while victims' rights, including physical, psychological, and financial recovery, remain neglected. The case of Een's murder and arson serves as an example where restitution and compensation rights were not clearly accommodated in legal proceedings. This article aims to examine the legal procedures available to victims or their families in obtaining restoration rights. The discussion includes criminal law aspects such as restitution and compensation based on Law No. 13 of 2006 jo. Law No. 31 of 2014 on Witness and Victim Protection, as well as the Criminal Procedure Code (KUHAP). Additionally, this article highlights the civil law route through lawsuits based on Article 1365 of the Civil Code regarding unlawful acts (KUHAPER). With a normative juridical approach and internship experience at the Legal Consultation and Assistance Clinic of Trunojoyo Madura University, this article is expected to contribute to strengthening victims' rights within the Indonesian legal system through the available legal avenues, both criminal and civil.

Muzakki Ayatulloh GH; Ronan Marsa Salatun; Arief Fuad Dimyati; Rahayu Sri Utami

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the customary law system that applies in the Dayak Kalis community in West Kalimantan and examine its relationship with national formal law. Dayak Kalis customary law is an unwritten legal system that develops from the norms and customs of indigenous communities, and functions as a guideline in resolving disputes and regulating social life. In practice, this law emphasizes the values ​​of restorative justice and deliberation by consensus, with types of punishments adjusted to the level of violation, such as Saut, Setanga'Baar, Pati Nyawa, and Adat Kampung. The study uses a normative method with a document approach, legislation, and legal theory. The results of the study indicate that Dayak Kalis customary law remains recognized in the national legal system as long as it does not conflict with generally applicable laws. The existence of this customary law reflects the importance of preserving local wisdom as an integral part of the pluralistic Indonesian legal system.

Alisya Rahma Saebani; Heru Sugiyono; Muthia Sakti

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

The development of Artificial Intelligence (AI) technology has led to the creation of various works, including images generated without direct human involvement. One of the platforms that facilitates the buying and selling of AI-generated images is Adobe Stock. However, this raises legal issues regarding ownership status and copyright protection of such images, considering that Indonesia's positive law has not explicitly regulated ownership of works produced by non-human entities. This research aims to examine the legality of ownership over images generated by Generative AI in transactions through Adobe Stock and to analyze its compatibility with the Indonesian legal system. This study uses a normative juridical method with statutory, case, comparative, and conceptual approaches, as well as a literature study relevant to the issues discussed. The results show that under the Indonesian legal system, a work must have a creator who is a legal subject. Therefore, images generated by AI cannot automatically be granted copyright status unless there is significant human intervention in the creation process. In transactions through Adobe Stock, the platform's policy serves as the main reference in determining ownership and legal responsibility over AI-generated images. The legality of AI-generated image ownership in Indonesia remains a gray area and requires regulatory updates to accommodate technological developments. Legal clarity is needed to protect parties involved in AI-based digital transactions and to ensure legal certainty in the protection of creative works.

Nugrah Gables Manery; Rocky S Mantaiborbir

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

Law enforcement holds a central role in shaping social order and ensuring the effective implementation of legal functions in Indonesia. The law is not merely a normative reference but must be strategically positioned as the fundamental basis for resolving disputes and conflicts that emerge within society. In this regard, Law No. 16 of 2004 concerning the Indonesian Prosecutor’s Office, particularly Article 2 paragraph (1), clearly stipulates that the Prosecutor’s Office is a state institution entrusted with exercising governmental authority in the field of prosecution, along with other responsibilities mandated by law. Within the framework of criminal justice, the Prosecutor’s Office assumes a pivotal role as Dominus Litis—the ultimate controller of criminal cases. This authority signifies that the Prosecutor’s Office is the only institution empowered to decide whether a particular case, supported by sufficient evidence in line with the Criminal Procedure Code, is eligible to be brought before the court. The prosecutor’s discretionary power in this context highlights its critical position in upholding justice and maintaining the integrity of legal proceedings. Beyond its prosecutorial function, the Prosecutor’s Office also bears the exclusive responsibility for executing criminal judgments, ensuring that court decisions are implemented properly and consistently with the rule of law. This dual function—both as Dominus Litis and executor of judicial decisions—underlines the institutional indispensability of the Prosecutor’s Office in the Indonesian legal system. The institution’s authority is therefore not limited to initiating prosecutions but also extends to safeguarding the finality and enforcement of criminal verdicts, which makes it a cornerstone in the broader architecture of law enforcement. Consequently, strengthening the role and capacity of the Prosecutor’s Office is essential for advancing justice, protecting the rights of citizens, and reinforcing the legitimacy of Indonesia’s legal order.

Ivan Zairani Lisi; Khristyawan Wisnu Wardana; Deny Slamet Pribadi

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

Sexual violence in the digital space can occur in various motives, such as Flaming, which is an act of harassment committed personally on social media, where the perpetrator insults, attacks, or humiliates the victim through abusive words, private photos, or messages that lead to sexual activity. In the context of digital sexual violence. This form of harassment aims to cause the victim distress, fear, or embarrassment, and can cause psychological trauma. To protect victims, the law needs to impose sanctions against sexual harassment committed through electronic media. In the Indonesian legal system, several laws have been implemented to follow up and address this kind of crime, including the Electronic Information and Transaction Law (ITE Law), the Criminal Code (KUHP), and the Sexual Violence Crime Law (TPKS Law), so that perpetrators of sexual violence in digital spaces are expected to be subject to strict criminal sanctions. Laws are an important step in law enforcement and victim protection. However, effective implementation and public education are needed to achieve these goals. Therefore, there is a need for training for law enforcement officials to better understand and be able to handle appropriate cases of digital sexual violence and community counselling and public education to increase public awareness of electronic sexual violence.

Ery Kurnia; Albar Aliyyus

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage in Indonesia's indigenous peoples has strong cultural values and has been passed down from generation to generation. However, in practice, there are several forms of customary marriage that have the potential to contradict the applicable positive law, especially related to coercive actions in marriage. This study aims to identify and analyze the implementation of marriage culture in the form of forced marriage/captive marriage which is contrary to Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) that occurs in Sumba, East Nusa Tenggara. This study uses a descriptive qualitative method with a normative juridical approach, this study explores the content of the articles of the Marriage Law, the Criminal Code, and the TPKS Law. In the Indonesian legal system, marriage must meet the elements in the laws and regulations. However, in practice, the traditional marriage culture in Sumba has the potential to lead to forced marriage carried out by men where women are in a vulnerable position. Article 4 paragraph (1) of the TPKS Law clearly states that forced marriage is a form of sexual violence, which can be subject to criminal sanctions in accordance with Article 10 of the TPKS Law. Based on the results of the research, the cultural implications or impacts of forced marriage are the lack of justice, usefulness and legal certainty, so concrete steps are needed in the form of firmer law enforcement and the need for collaborative support from law enforcement officials and legal education for indigenous peoples so that these practices can be minimized and women's rights in marriage can be optimally protected.

Sanusi Sanusi; Rezike Nurul Ergiarti; Fajar Ari Sudewo; Mukhidin Mukhidin; Moh. Taufik

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study critically examines access to justice for minors who are victims of rape in the context of the Indonesian criminal justice system, with a special focus on the human rights (HAM) perspective. This study is motivated by the high number of cases of sexual violence against children and the complexity of handling them in the Indonesian legal system. The research problem is how to protect human rights for minors who are victims of rape in the law enforcement system in Indonesia. The research method uses qualitative normative legal research by analyzing legal doctrine and related legislation. The research method used is qualitative normative legal research, namely examining various laws and regulations and related literature to understand legal principles and their implementation in the field. The results of the study show that in terms of legal-normative, the protection of children's human rights is regulated in various national and international laws and regulations. However, there are several challenges in its implementation in the field such as limited understanding of law enforcement officers, facilities, and implementing regulations. For this reason, it is necessary to strengthen socialization, legal frameworks and implementation facilities, and continuous evaluation in order to realize universal protection of children's human rights. This study identifies systemic challenges faced by victims in seeking justice, including child-unfriendly legal procedures, lack of psychosocial support, and persistent social stigma. The main findings of this study indicate a significant gap between international human rights standards on child protection and practice on the ground. This study argues for a comprehensive reform of the Indonesian criminal justice system to better accommodate the needs and rights of child victims, including the provision of specialized legal assistance, increased sensitivity of law enforcement officers, and the development of a justice mechanism that focuses on recovery. This study offers concrete recommendations for system improvement, which are expected to serve as a reference for policymakers, legal practitioners, and other stakeholders in efforts to improve access to justice for child rape victims in Indonesia.    

Fitri Yanti Katili; Qisthy Leonarza; Fadlan Fadlan

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The legal landscape of interfaith marriage in Indonesia presents a complex challenge that intersects social dynamics, legal frameworks, and cultural diversity. This research aims to critically analyze the existing legal system governing interfaith marriages, exploring the fundamental tensions between legal norms and social realities. Through a comprehensive socio-legal methodology, the study investigates the intricate challenges of harmonizing marriage laws in a pluralistic society.The research employs a mixed-method approach, combining normative juridical analysis with empirical social research. Extensive document analysis, comparative legal studies, and expert interviews provide a nuanced understanding of the current legal and social complexities surrounding interfaith marriages. The study examines the interactions between state law, religious norms, and customary traditions that shape marriage regulations in Indonesia.Key findings reveal significant gaps between legislative provisions and social practices, highlighting the urgent need for a more adaptive and inclusive legal framework. The research identifies multiple challenges, including jurisdictional conflicts, individual rights protection, and the complex interplay of different normative systems. Theoretical foundations draw from legal certainty theory, legal pluralism, and social justice theory to construct a comprehensive analytical framework.The study proposes innovative approaches to legal harmonization, emphasizing the delicate balance between maintaining legal certainty and accommodating social realities. Recommendations include developing more flexible legal mechanisms, enhancing inter-institutional dialogue, and creating regulatory frameworks that recognize the dynamic nature of social relationships and individual rights in contemporary Indonesian society.Ultimately, the research demonstrates that effective legal harmonization requires a holistic approach that bridges the gap between formal legal structures and the lived experiences of individuals navigating interfaith marriages. By providing a critical analysis of the current legal landscape, the study contributes to broader discussions on legal pluralism, social justice, and individual rights in Indonesia.

Sanusi Sanusi; Rezike Nurul Ergiarti; Fajar Ari Sudewo; Mukhidin Mukhidin; Moh. Taufik

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

This study critically examines access to justice for minors who are victims of rape in the context of the Indonesian criminal justice system, with a special focus on the human rights perspective. This study is motivated by the high number of cases of sexual violence against children and the complexity of handling them in the Indonesian legal system. The research problem is how to protect human rights for minors who are victims of rape in the law enforcement system in Indonesia. The research method uses qualitative normative legal research by analyzing legal doctrine and related legislation. The research method used is qualitative normative legal research, namely examining various laws and regulations and related literature to understand legal principles and their implementation in the field. The results of the study show that in terms of legal-normative, the protection of children's human rights is regulated in various national and international laws and regulations. However, there are several challenges in its implementation in the field such as limited understanding of law enforcement officers, facilities, and implementing regulations. For this reason, it is necessary to strengthen socialization, legal frameworks and implementation facilities, and continuous evaluation in order to realize universal protection of children's human rights. This study identifies systemic challenges faced by victims in seeking justice, including child-unfriendly legal procedures, lack of psychosocial support, and persistent social stigma. The study’s main findings indicate significant gaps between international human rights standards on child protection and practices on the ground. This study argues for a comprehensive reform of Indonesia’s criminal justice system to better accommodate the needs and rights of child victims, including the provision of specialized legal assistance, increased sensitivity of law enforcement officers, and the development of recovery-centered justice mechanisms. This study offers concrete recommendations for system improvement, which are expected to serve as a reference for policymakers, legal practitioners, and other stakeholders in efforts to improve access to justice for child rape victims in Indonesia.  

Maniah Maniah; Erniyanti Erniyanti

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The notary profession in Indonesia is experiencing a critical transformation driven by technological advancements, changing legal landscapes, and the imperative of modernization. This research comprehensively examines the current regulatory framework governing notaries, analyzing the multifaceted challenges and potential opportunities for substantive reform in the contemporary legal ecosystem.The study employs a mixed-method approach, integrating qualitative legal analysis, comparative research, and empirical investigation to provide a holistic understanding of the notary profession's evolving role. Through in-depth examination of existing regulations, stakeholder interviews, and comparative international perspectives, the research identifies key systemic barriers and innovative pathways for professional development.Critical findings reveal significant challenges, including technological adaptation gaps, regulatory inflexibility, and inconsistent professional standards. The research highlights the urgent need for a dynamic regulatory approach that balances traditional legal principles with emerging digital authentication technologies. Key opportunities emerge in areas such as blockchain-based document verification, comprehensive digital skills training, and adaptive professional development frameworks.The study proposes a comprehensive reformation strategy encompassing technological infrastructure development, professional skills enhancement, and regulatory modernization. Recommendations include establishing dedicated innovation units, implementing mandatory technology training programs, and creating flexible regulatory mechanisms that can rapidly respond to technological and professional landscape changes. By providing a nuanced analysis of the notary profession's current state and future potential, this research contributes critical insights to the discourse on legal professional modernization in Indonesia. The findings underscore the essential role of strategic, forward-looking reforms in ensuring the continued relevance, effectiveness, and integrity of notarial services in the digital era.

Lalu Guna Nugraha; Supanto Supanto; Erna Dyah Kusumawati

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the implementation of legal protection for citizenship rights of former transnational terrorist Indonesian citizens within Indonesia's legal system. Using normative juridical method with statutory and conceptual approaches, this study examines secondary data from primary, secondary, and tertiary legal materials. The results show that Indonesia's legal system has an adequate legal framework to protect the citizenship rights of former transnational terrorists, although its implementation faces various challenges. The deradicalization program and status verification mechanism implemented by the government have not been fully effective due to inter-institutional coordination constraints and community resistance. Additionally, the study identifies that citizenship status cannot be automatically revoked without proper legal process according to Law No. 12 of 2006 on Citizenship, as terrorist groups cannot be categorized as "foreign military" as specified in the law. This research contributes significantly to the development of returnee handling policies by balancing aspects of national security and human rights protection.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Alifia Syifaurrohmah; Amanah Cantik Lintang Cahyani; Surya Gilang Ramadhan

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship plays a crucial role in the legal system and judicial process of any country, including Indonesia. This abstract examines the impact of citizenship status on legal processes in Indonesia, detailing how citizenship affects various aspects of law enforcement, particularly in the context of criminal offenses. In Indonesia, the legal system categorizes individuals as Indonesian citizens (WNI) or foreigners, with each category receiving different legal treatment in criminal cases. In criminal law contexts, the difference in citizenship status can influence several factors, including jurisdiction, legal treatment, and specific rights afforded to both offenders and victims. For Indonesian citizens, legal proceedings are generally conducted under national law, referring to the Indonesian Criminal Code (KUHP) and other relevant statutes. Conversely, foreign nationals involved in criminal acts in Indonesia are subject to special regulations that govern how these cases are handled, including international cooperation and extradition. This study reviews pertinent regulations and judicial practices in Indonesia and explores how citizenship status affects the legal rights of offenders and victims, as well as the procedural aspects of the legal system. The research method used is a qualitative approach, involving case studies and normative analysis. Case studies will include analysis of various criminal cases involving individuals with different citizenship statuses, both Indonesian citizens and non-citizens. Data will be collected through literature reviews, interviews with legal practitioners, and analysis of legal documents and court decisions. The research also addresses the challenges faced in implementing laws related to citizenship status, including issues of human rights, legal protection, and justice. The findings suggest that while Indonesian law provides different treatments based on citizenship, there is an urgent need for harmonization and reform to ensure that legal processes are fair and transparent for all individuals, regardless of their citizenship status. This insight offers guidance on how the Indonesian legal system can be improved to ensure consistent legal protection and justice for all individuals involved in criminal cases.

Rochmadi Rochmadi; Zainal Arifin Hoesein

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Responsive law in Indonesia is an approach that aims to adapt the legal system to the dynamics and needs of a growing society. This article analyzes how the application of responsive law can improve justice and the effectiveness of law enforcement in Indonesia. The methodology used in this study includes a qualitative analysis of existing legal policies, in-depth interviews with legal practitioners, and case studies from several regions in Indonesia that apply the principles of responsive law. The results of the study indicate that the application of responsive law is not only able to answer emerging social challenges, but also strengthen the legitimacy of law in the eyes of the community. By integrating the values of justice and local needs in the law-making process, it is hoped that the Indonesian legal system will become more inclusive and responsive to community aspirations. This study recommends the development of more flexible and adaptive legal policies to ensure more equitable justice throughout Indonesia.