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Judicial digital transformation through the implementation of e-Court and e-Litigation represents a strategic initiative of the Supreme Court of Indonesia to establish a modern, effective, and efficient judiciary. These innovations have successfully transformed various stages of civil case administration and litigation into faster and more transparent processes. However, the success of digitalization in case examination has not been accompanied by similar reforms in the execution of court judgments. This study aims to analyze the regulation of civil judgment execution following the implementation of e-Court and e-Litigation, identify challenges encountered in practice, and formulate a concept of execution digitalization as part of judicial reform. This research employs a normative legal method using statutory, conceptual, and case approaches. The legal materials consist of primary legal sources in the form of legislation and Supreme Court regulations, as well as secondary legal sources including scholarly literature and previous studies. The findings reveal that although e-Court and e-Litigation have accelerated dispute resolution processes, the execution of civil judgments remains largely conventional. Consequently, several challenges persist, including delays in execution, lack of transparency, and limited supervision by litigating parties. Therefore, the development of an integrated Digital Execution System linked to existing electronic judicial platforms is necessary to enhance the effectiveness of judgment enforcement and ensure greater legal certainty for justice seekers.

This study examines the effectiveness of mediation in resolving divorce cases at the Banda Aceh Sharia Court and the Jantho Sharia Court based on Supreme Court Regulation No. 1 of 2016. This study aims to analyze the implementation of mediation, identify factors influencing its effectiveness, and determine efforts to improve the effectiveness of mediation in divorce cases. The method used is a legal-empirical approach with a qualitative methodology through interviews and literature review. The research results indicate that the implementation of mediation has been in accordance with the provisions of Supreme Court Regulation No. 1 of 2016; however, its success rate remains low, rendering it ineffective. Factors influencing the effectiveness of mediation include the mediator’s competence, the parties’ strong desire to divorce, prolonged domestic conflicts, and the influence of religious figures within the community. Efforts to improve the effectiveness of mediation are carried out by enhancing the competence of mediators, educating the parties on the benefits of mediation, and optimizing the mediation process within the Sharia Court.

The increase in national divorce rates based on data from the Central Statistics Agency in 2024, which reached 394,608 cases and rose to 438,168 cases in 2025, indicates that family conflicts remain a legal and social issue affecting family resilience, child protection, and social stability in society. In the Indonesian legal system, divorce is fundamentally placed as a last resort (ultimum remedium) after reconciliation thru mediation, as regulated in Law Number 1 of 1974 on Marriage, as amended by Law Number 16 of 2019, Supreme Court Regulation Number 1 of 2016 on Mediation Procedures in Court, and provisions in Law Number 18 of 2003 on Advocates. However, studies on the optimization of the preventive role of advocates in divorce mediation are still relatively limited, even tho advocates hold a strategic position as independent law enforcers within the judicial system. This research aims to analyze the legal position of lawyers in divorce mediation and to formulate the optimization of the lawyer's role in preventing avoidable divorces. The research uses a normative juridical method with legislative, conceptual, case, and comparative approaches thru the analysis of various related regulations, legal doctrines, and scientific literature. The research results show that lawyers not only function as legal representatives in litigation processes but also have a preventive role as legal advisors, negotiators, and facilitators of peaceful family dispute resolution. The optimization of these roles can be achieved thru the provision of objective legal advice, early identification of the root causes of family conflicts, facilitation of communication between parties, and collaboration with mediators and family counselors in the mediation process.

Restorative Justice in the Perspective of Modern Criminal Law: Challenges and Regulatory Reforms in Indonesia by a retributive approach that emphasizes punishing the offender as a form of retribution. However, this approach is considered unable to provide comprehensive justice, especially for the victims, and is not effective in resolving the social conflicts caused by criminal acts. Therefore, the concept of restorative justice has emerged as a new paradigm that emphasizes the restoration of victim losses, the responsibility of the perpetrator, and community involvement in the resolution of cases. This research aims to analyze the concept and theoretical foundations of restorative justice, its implementation in the criminal justice system in Indonesia, as well as the challenges and the need for regulatory renewal. The research method used is normative legal research with a legislative and conceptual approach, supported by secondary data as the main source. The research results show that restorative justice has been regulated in various sectoral regulations, such as Police Regulation Number 8 of 2021, Attorney General Regulation Number 15 of 2020, Law Number 11 of 2012, and Supreme Court Regulation Number 1 of 2024. However, the regulations are still partial and not integrated into a comprehensive legal framework, leading to differences in understanding and application among law enforcement officials. Therefore, the establishment of a specific law on restorative justice is necessary to ensure legal certainty, uniform application, and to create a more humane, just, and recovery-oriented criminal justice system.

This research examines the practice of handling Factual Action (TF) cases at the State Administrative Court (PTUN) after the issuance of Supreme Court Regulation Number 2 of 2019 and the Job Creation Law, as well as the implications for the issuance of SEMA Number 2 of 2024. The main focus is on Factual Action (TF) cases which are preceded by a letter requesting the issuance of a certificate with a comparative study of Decision Number 93/G/TF/2023/PTUN.BDG and  41/G/TF/2024/PTUN.BDG.  This research aims to analyze whether TF cases that are preceded by an application for issuing a certificate are a form of smuggling in Negative Fictitious or Positive Fictitious cases, or whether they have their own classification because there are unique characteristics that differentiate them.  The research method used is a normative legal research method with a case study approach.  The research results show that there are two models for handling TF cases which are preceded by a request for certificate issuance.  The two are different because the first model can be considered as Positive Fictitious/Negative Fictitious legal smuggling, but the second model is not legal smuggling.  This means that the existence of factual action cases has produced various types of factual actions with their own unique characteristics.  These cases are not always smuggling Positive Fictitious or Negative Fictitious cases, but have unique characteristics that need to be recognized and accommodated in the practice of state administrative justice.

This study aims to analyze the laws and regulations related to the granting of rehabilitation by the president in relation to corruption committed by former ASDP directors, which has been declared to have caused financial losses to the state amounting to Rp.1.25 trillion. The researcher conducted research using normative legal research methods with a legislative approach and a case approach. Legal sources were obtained from primary, tertiary, and secondary sources related to the legal analysis of the president in granting rehabilitation to former directors of ASDP Indonesia Ferry. The researchers identified two research questions:  what considerations did the president take into account in granting rehabilitation to the former director of ASDP Indonesia Ferry, and what are the legal consequences of granting rehabilitation to the former director of ASDP Indonesia Ferry. In granting rehabilitation, the president must seek the opinion of the Supreme Court. The granting of rehabilitation by the president is based on the aspirations of the people as conveyed to the House of Representatives and must be proven not to be detrimental to state finances. One judge disagreed because he considered it to be purely a business mistake.   Keywords: Rehabilitation, Corruption Crimes, ASDP

Land acquisition for public purposes is intended to ensure land availability for development while safeguarding the rights of affected parties through fair and equitable compensation as regulated under Law Number 2 of 2012 and its implementing regulations. However, disputes over land ownership often prevent direct payment of compensation, thereby necessitating the use of a consignment mechanism through the court. This study examines the implementation of consignment for disputed land and analyzes the legal standing and fulfillment of rights of both the prevailing and losing parties in the land acquisition process for the development and revitalization of Balohan Port, Sabang. The research addresses the problem of how compensation is secured and distributed when ownership remains contested, and whether the mechanism ensures legal certainty and justice for all parties involved. Employing an empirical legal method with a qualitative approach, data were collected through interviews and document analysis. The findings reveal that consignment functions as a legal instrument to safeguard and temporarily suspend compensation payment until a final judicial determination is reached. Supreme Court Decision Number 1675 K/Pdt/2021 affirms that the prevailing party is entitled to full land compensation as recognition of proprietary rights, while building compensation may be relinquished through a peace agreement and social compensation partially allocated. Conversely, the losing party forfeits land rights but retains full building compensation and partial social compensation based on the settlement deed. The study concludes that dispute resolution in land acquisition extends beyond final court judgments and requires non-litigation mechanisms to ensure proportional distribution of rights, thereby reinforcing legal certainty, preventing further disputes, and ensuring equitable protection in public interest development.

The development of information technology has transformed civil dispute resolution mechanisms in Indonesia, most notably through the issuance of Supreme Court Regulation (PERMA) Number 3 of 2022 on Electronic Mediation in Courts. Despite the normative framework it provides, the implementation of electronic mediation continues to face persistent challenges, particularly regarding limited digital infrastructure, low digital literacy among disputing parties, and insufficient technical capacity of mediators. More critically, when electronic mediation fails to produce a settlement agreement, the subsequent enforcement of civil court decisions encounters serious normative gaps not yet adequately addressed by existing legal instruments. This study aims to identify and analyze the causes of civil judgment enforcement failures arising in the context of failed electronic mediation under PERMA Number 3 of 2022, and to propose normative solutions for the identified regulatory gaps. Using a normative juridical method supported by statutory, conceptual, and case approaches, this study finds that the primary causes of enforcement failure include the absence of clear legal standards governing electronically signed peace deeds, weak synchronization between PERMA Number 3 of 2022 and civil procedural law on execution, and procedural obstacles in enforcing decisions that originate from electronic proceedings. This study recommends targeted regulatory reform to ensure that peace agreements resulting from electronic mediation carry unambiguous executorial force and that enforcement mechanisms are adapted to accommodate the distinctive characteristics of electronic dispute resolution.

Corporate involvement in environmental crimes has emerged as an increasingly complex legal challenge in Indonesia, given its profound consequences for ecological sustainability and public welfare. This study examines the normative construction of corporate criminal liability within Indonesia's positive legal framework and identifies juridical obstacles undermining enforcement effectiveness. A normative legal research method was employed, incorporating statute, conceptual, and comparative approaches. Although legal instruments such as Law No. 32 of 2009, Supreme Court Regulation No. 13 of 2016, and Law No. 1 of 2023 provide a formal basis for corporate criminal accountability, their implementation is hindered by normative inconsistencies. Key obstacles include difficulties in proving corporate mens rea, limited institutional capacity, regulatory ambiguity, and absence of Piercing the Corporate Veil integration. These conditions create normative gaps perpetuating weak corporate accountability recurring environmental violations. This study recommends regulatory reformulation, harmonization of legal instruments, strengthened institutional capacity toward effective and equitable environmental justice.

Marriage in Islam is not only a civil bond, but also a very strong bond (mitsaqan ghalidzan) to obey Allah's commands and carry it out as worship. The purpose of marriage in Islam is to fulfill religious guidance in order to establish a harmonious, prosperous and happy family, where the relationship between husband and wife is in a strong bond in accordance with the commands of Allah SWT. The purpose of this study is to analyze the legal provisions regarding marriage dispensation, analyze the judge's legal considerations in Decree Number 46 / Pdt.P / 2024 / PA.Lpk., and analyze the implementation of the principle of the best interests of children in determining marriage dispensation at the Lubuk Pakam Religious Court. The research method used is normative juridical legal research with a document study approach to laws and court decisions. Data sources consist of primary data obtained through interviews with judges, clerks, and religious figures, as well as secondary data in the form of primary, secondary, and tertiary legal materials. The data analysis technique uses qualitative analysis. The results of the study show that: Legal provisions regarding marriage dispensation are regulated in Article 7 of Law Number 16 of 2019 which sets the minimum age limit for marriage at 19 years for men and women, with exceptions where dispensation can be requested from the Court for urgent reasons. Supreme Court Regulation Number 5 of 2019 regulates the procedure for examining marriage dispensation cases which requires the judge to listen to the child's statement, verify the absence of coercion, and consider the best interests of the child. The judge's legal considerations in Decision Number 46/Pdt.P/2024/PA.Lpk. have fulfilled formal requirements by considering the authority to adjudicate, the applicant's legal standing, the reasons for the request in the form of a very close relationship, the absence of coercion, the absence of obstacles to marriage, and the economic readiness of the prospective husband. The implementation of the principle of the best interests of the child has been carried out through providing advice on the risks of child marriage, listening to the child's opinions, and suggesting marriage postponement, although there are still limitations such as the lack of referrals to psychologists and minimal consideration of continuing education. The conclusion of this study is that the Lubuk Pakam Religious Court has implemented the provisions of marriage dispensation in accordance with applicable laws and regulations. The judge's legal considerations in Decree Number 46/Pdt.P/2024/PA.Lpk have fulfilled the formal and material aspects, however, the implementation of the principle of the best interests of the child still faces challenges from the normative, institutional, and socio-cultural aspects.

The flash flood disaster that hit Indonesia, including the devastating disaster in three Sumatran provinces in November-December 2025 which resulted in more than 900 casualties and trillions of rupiah in losses, shows a strong correlation between environmental damage caused by corporate activities and increased disaster risk. The purpose of this study is to analyze corporate criminal liability for environmental damage resulting in flash flood disasters based on the Environmental Management Law (UU PPLH), examine the mechanism for proving corporate criminal liability, and evaluate the application of criminal sanctions against corporations that commit environmental damage resulting in flash flood disasters. The research method used is normative legal research with a descriptive analytical statute approach. Data collection techniques are carried out through library research and interviews with sources at the North Sumatra Provincial Environmental Service. The data obtained were analyzed qualitatively. The results of the study indicate that: First, corporate criminal liability for environmental damage resulting in flash floods has been comprehensively regulated in Articles 116 to 120 of the Environmental Management and Management Law, which recognizes corporations as subjects of criminal law and regulates the criteria for corporate crimes (committed by, for, or on behalf of a business entity), the responsible party (the business entity and/or the person giving the order/leader of the activity), a one-third aggravation of the sentence, and corporate representation in court, as reinforced by Supreme Court Regulation Number 13 of 2016. The conclusion of this study is that the Environmental Management and Management Law has provided a comprehensive legal framework for corporate criminal liability for environmental damage resulting in flash floods. However, the effectiveness of law enforcement still needs to be improved through accelerating the judicial process, strengthening the capacity of law enforcement, improving inter-agency coordination, and strengthening the decision execution mechanism.

The development of information technology has encouraged transformation in the administration and implementation of the judicial system in Indonesia, including within civil procedural law. The civil justice process, which has traditionally relied on manual procedures as regulated in the HIR and RBg, faces several limitations such as lengthy procedures, relatively high costs, and limited access for justice seekers. To address these challenges, the Supreme Court introduced the e-court system as part of judicial modernization through the digitalization of case administration and court proceedings. This study aims to analyze the effectiveness of the implementation of e-court in realizing procedural justice within civil procedural law and to examine the relationship between the classical procedural provisions contained in HIR/RBg and the newer regulations governing electronic court administration. The research employs a normative legal research method using statutory and conceptual approaches by examining legal provisions and the concept of procedural justice within the judicial system. The findings indicate that the implementation of e-court reflects a paradigm shift in civil procedural law from a formalistic system toward a more digital and administrative system that improves efficiency in case administration and accelerates dispute resolution. However, this transformation also raises questions regarding the harmonization of legal norms between the regulations governing electronic court systems and the traditional civil procedural rules. Nevertheless, the implementation of e-court has positive implications for the realization of the principles of simple, fast, and low-cost justice while also improving public access to more effective and efficient judicial services.

Breach of contract disputes with small claim values are often hindered by the lengthy and costly conventional litigation process. To address this issue, the Supreme Court issued PERMA No. 2 of 2015, which was later amended by PERMA No. 4 of 2019 concerning Small Claims Court. This study aims to examine the mechanism for resolving breach of contract disputes through small claims and its effectiveness in achieving the principles of fast, simple, and low-cost litigation. This research uses a normative legal method to analyze the relevant legal procedures and regulations. The findings show that small claims court is effective in streamlining the litigation process, with a resolution time limit of a maximum of 25 working days, much faster compared to regular litigation, which can take much longer. However, the implementation of this mechanism is limited by the requirement that evidence must be simple, which can be a challenge in some cases. Thus, small claims court can be an efficient and affordable solution for business disputes with low claim values.

This study discusses the function of corporate criminal liability for State-Owned Enterprises (SOEs), particularly SOEs, by examining a case of corruption in the sale of commodities at Perum Bulog Jakarta in 2022-2023, which caused financial losses to the state amounting to approximately IDR 7.192 billion. This case illustrates the abuse of authority by SOE officials, which not only reflects individual violations but also is a symptom of weaknesses in the culture of internal control and compliance in state-owned companies. The purpose of this study is to examine the regulation and application of the principle of corporate criminal liability in State-Owned Enterprises (SOEs) with reference to Law Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption Crimes, the latest Criminal Code (Law Number 1 of 2023), and Supreme Court Regulation Number 13 of 2016. The method used is normative legal research with a juridical approach, which focuses on the review of legislation, the concept of corporate criminal liability, and the analysis of related court decisions. The results of the study show that acts of corruption involving Bulog have fulfilled the elements of corporate criminal liability, because they were carried out in the exercise of official authority and were intended for the benefit of the institution. The application of the provisions in the new Criminal Code, particularly Articles 45 to 47 and Article 118, confirms the position of corporations as legal subjects in the criminal law system. The implications of this research highlight the need to strengthen the Good Corporate Governance (GCG) system in SOEs and the need for consistent enforcement of corporate criminal liability by law enforcement officials to ensure justice, transparency, and the prevention of structural corruption in Indonesia.  

The Aceh Sharia Court is a special judicial institution formed based on the specifics of Aceh as regulated in the Aceh Government Law. The existence of the Aceh Sharia Court has juridical consequences for the exercise of judicial power which was previously exercised by the Religious Courts. This research aims to analyze the position of the Aceh Sharia Court in the national justice system and examine its power in replacing the authority of the Religious Courts in handling cases related to Islamic law. The research method used is normative legal research. The research results show that the Aceh Sharia Court has an equal position to the Religious Court in the judicial power structure, but has broader authority because it covers Islamic civil cases, sharia criminal (jinayat), and sharia procedural law. This transfer of authority does not eliminate the existence of the Religious Courts nationally, but creates a special justice system that only applies in the Aceh region. The position of the Aceh Sharia Court strengthens the implementation of Islamic law within the framework of the Unitary State of the Republic of Indonesia and remains under the guidance of the Supreme Court.

This journal analyzes sexual violence by educators against students by analyzing Supreme Court Decision No. 5642 K/Pid.Sus/2022 using normative legal research methods. The primary focus of this research is the abuse of power relations by perpetrators holding positions of authority, as well as the legal protections afforded to child victims. Furthermore, this paper compares the provisions on sexual violence in the Child Protection Law and the Sexual Violence Criminal Law (UU TPKS). The findings indicate that courts impose harsher sentences on perpetrators who abuse their trust as educators and place victims at the center of the legal process, ensuring guarantees of recovery, psychological rehabilitation, restitution, and the right to education. The judges' approach in the ruling also reflects the spirit and principles of victim protection as outlined in the TPKS Law, including recognition of power dynamics, psychological pressure, and the importance of a victim-centered perspective. The TPKS Law expands the scope of sexual violence beyond physical aspects to include psychological and structural dimensions, which were previously not clearly regulated in other laws.  Therefore, this paper emphasizes the importance of harmonizing the two laws to create a more just, progressive, and victim-centered legal system, especially for children in educational settings. This research is expected to contribute to strengthening a more comprehensive and child-oriented legal approach.

This study aims to analyze the legal accountability of three judges of the Surabaya District Court who were proven to have been involved in bribery practices during the examination process of a case that resulted in the acquittal of Gregorius Ronald Tannur, the son of Edward Tannur, a former member of the Indonesian House of Representatives from the National Awakening Party (PKB). The study focuses on identifying the forms of legal responsibility that may be imposed on judges who receive bribes, as well as examining the abuse of judicial authority that influenced the issuance of the court decision. This research employs a normative juridical method using a statutory and case approach, through an analysis of Law Number 48 of 2009 on Judicial Power, Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 on the Eradication of Corruption Crimes, Decision of the Surabaya District Court Number 454/Pid.B/2024/PN SBY, and the Joint Decree of the Supreme Court and the Judicial Commission of 2009 concerning the Code of Ethics and Guidelines for Judicial Conduct. The findings indicate that judges proven to have accepted bribes may be subject to criminal sanctions in the form of imprisonment and/or fines, ethical sanctions imposed by the Judicial Commission, as well as administrative sanctions in the form of dishonorable dismissal, and that court decisions rendered by judges involved in bribery may be challenged through available legal remedies. This study underscores the importance of strengthening internal and external oversight mechanisms and enhancing transparency in judicial proceedings to maintain and restore public trust in the judiciary.

The pluralistic development of Indonesian national law creates a dynamic relationship between national civil law and customary law, including in the context of resolving inheritance disputes in Chinese families who adhere to patrilineal traditions. Supreme Court Decision No. 1204 K/Pdt/2024 shows that there is a tension between legal certainty under the Civil Code and substantive justice originating from living law. This research aims to analyze the judge's interpretation of family documents as a basis for inheritance rejection, inheritance sharing mechanisms that ignore Chinese customary norms, and their implications for legal pluralism in Indonesia. The method used is normative juridical with a case study approach and a descriptive-analytical legislative approach, using literature studies of primary, secondary and tertiary legal materials. The results showed that the ruling applied neither the Civil Code nor the principle of Chinese customary inheritance consistently. The family declaration on which the judge relied was not actually a refusal of inheritance, but an internal agreement granting authority to the testator. Moreover, the distribution of inheritance carried out is not in accordance with the principle of patrilineal custom which places the eldest son as the recipient of the largest share. This finding shows the weak application of legal pluralism (weak legal pluralism) and reveals the gap between das sollen and das sein, so it is necessary to strengthen the role of judges in exploring the traditional values that live in society.

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

The evolution of modern civil procedural law demands dispute resolution mechanisms that are responsive, efficient, and substantively just. In this context, Alternative Dispute Resolution (ADR) particularly mediation and arbitration has transformed from a supplementary option into a central instrument within Indonesia’s dispute resolution architecture. This study aims to analyze the development of ADR from the perspective of modern civil procedural law, focusing on the normative status and practical efficiency of mediation and arbitration as pre-litigation mechanisms. The research employs a normative-juridical approach, analyzing primary legal sources (legislation, Supreme Court Regulations [PERMA], court decisions) and secondary sources (scholarly journals, books, policy documents). The findings indicate that mediation has been mandatorily integrated into civil procedure through PERMA No. 1 of 2016, functioning as a court-facilitated pre-litigation stage, while arbitration operates as a consensual out-of-court mechanism under Law No. 30 of 1999. Both mechanisms demonstrate clear efficiency in terms of time (resolution within weeks to months), cost (minimal to predictable), and the ability to preserve parties’ relationships through collaborative processes and procedural confidentiality. Nevertheless, implementation challenges remain, particularly concerning the availability of qualified mediators and public perception of ADR. The study concludes that ADR is no longer a marginal alternative but an integral pillar of modern civil justice, aligning with principles of procedural efficiency and substantive justice.