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Discretion exercised by election management bodies constitutes an administrative instrument that is functionally necessary to prevent stagnation in electoral processes under conditions of legal vacuum, normative ambiguity, or extraordinary circumstances. However, in practice, discretionary decisions often generate public concern and expose election officials to the risk of criminalization, particularly when such discretion is assessed through a formalistic and result oriented criminal law paradigm. This study aims to analyze the construction of criminal liability of election administrators for the use of discretion in conditions of electoral stagnation, by examining the paradigm shift from the old Indonesian Criminal Code to the new Criminal Code and its implications for criminal law enforcement under the Criminal Procedure Code. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings reveal that the old Criminal Code tended to facilitate policy criminalization by emphasizing formal violations and objective consequences, whereas the new Criminal Code introduces a substantive approach centered on subjective fault, official purpose, and rationality of action. Nevertheless, the lack of synchronization with the Criminal Procedure Code which remains focused on conventional evidentiary standards causes discretionary actions of election administrators to remain legally ambiguous. Therefore, harmonization between substantive criminal law and criminal procedure law, along with a transformation in law enforcement reasoning, is essential to ensure that discretion exercised by election officials is assessed proportionally, contextually, and in line with democratic principles.

The resolution of juvenile cases in Indonesia requires a restorative justice approach as outlined in Law Number 11 of 2012 on the Juvenile Criminal Justice System (UUSPPA). However, Article 7, paragraph (2) restricts diversion to crimes punishable by less than seven years, excluding repeat offenders. This presents challenges for minors involved in serious crimes, such as rape, leading to concerns over child protection and fairness in the justice system. The implementation of diversion in the Syari’ah Court follows national juvenile justice protocols but faces challenges, especially in maintaining consistency across law enforcement agencies and regions. The study employs an empirical juridical approach and explores the challenges of implementing diversion in the Aceh Sharia Court. Findings reveal that diversion efforts are often inconsistent and rely on the discretion of authorities. Although the Child Criminal Justice System Law mandates diversion for cases involving crimes with sentences under seven years and non-recidivists, its actual application varies. For instance, rape cases between 2020 and 2023 show that some were excluded from diversion due to their serious nature, while others still pursued diversion despite the potential for sentences exceeding seven years.

This study analyzes law enforcement related to the application of the death penalty with a ten-year probation period as stipulated in the Criminal Code (KUHP). The results of the study show that the enforcement of the conditional death penalty is carried out in three stages, namely the formulation, application, and implementation stages. The formulation stage is reflected in the establishment of the death penalty as a special alternative and conditional punishment in Law Number 1 of 2023, the application stage is carried out through the application of norms by law enforcement officials, while the implementation stage relates to the execution of court decisions against convicts. The change in the construction of the death penalty from an absolute primary punishment to an alternative and special conditional punishment has fundamental legal implications for the criminal justice system in Indonesia, especially with the existence of discretion for judges and law enforcement officials to assess the possibility of changing the type of punishment based on the convicted person's remorse and efforts to reform themselves during the probation period.

This study analyzes the role of public opinion in shaping the exercise of discretion by law enforcement officers in Indonesia. From a sociological law perspective, law is understood as a social institution that interacts with society, where public opinion can influence the legitimacy and practice of law enforcement. The phenomenon of penal populismindicates that public pressure often drives officers to make symbolic legal decisions, potentially blurring the normative boundaries of discretion. The study employs a qualitative descriptive approach, and analyzing legal documents and media reports. Thematic analysis is applied to explore the interaction between public opinion, penal populism, and officers’ discretion. Findings reveal that public opinion significantly affects the use of discretion, both directly and through the dynamics of penal populism. Discretion exercised professionally and based on legal principles enhances public trust, while distortion due to social pressure creates disparities and perceptions of injustice. This article emphasizes the importance of balancing responsiveness to public opinion with adherence to legal principles, as well as the need for accountability mechanisms and ethical training for law enforcement officers. The findings contribute to the development of sociological law studies and contemporary law enforcement practices.

This study analyzes the criminal enforcement of Article 412 of Law Number 1 of 2023 on the Indonesian Criminal Code (KUHP) concerning cohabitation outside marriage. The central issue is the ambiguity in applying this provision to siri marriages that are religiously valid but administratively unregistered under Indonesian marriage law. Using a normative juridical approach with grammatical, systematic, and teleological interpretation, this study finds that Article 412 fails to distinguish between pure cohabitation and siri marriage as a form of living law. This legal inconsistency undermines legal certainty and grants excessive judicial discretion, potentially leading to disparities in court decisions. The criminalization of such conduct also raises concerns regarding civil status, inheritance rights of children, and the constitutional right to privacy. Based on Ashworth’s Test of Criminalization, the enforcement of Article 412 is disproportionate and inconsistent with the harm principle and the doctrine of ultima ratio.

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

This study aims to map the direction of criminal punishment policy formulated in criminal law provisions, test claims of humanizing punishment through sanction design and the principle of individualization, and describe forms of repression that operate through normative flexibility, law enforcement discretion, and morally nuanced criminalization. The research method used is normative legal research, utilizing both a legislative and conceptual approach to analyze the norms, principles, and objectives of punishment. The results show that Article 51 articulates the objectives of punishment, including the rehabilitation of offenders, community protection, and the restoration of social balance. However, this provision functions primarily as normative legitimacy for a flexible sanction architecture. The existence of alternative punishments and oversight mechanisms refines the form of punishment while expanding state intervention into the social life of offenders. Furthermore, the regulation of conditional sentences and adjustments to the implementation of sanctions increase the discretion of law enforcement officials. Repression does not disappear, but rather shifts through regulations on morality, public order, recognition of living law, and the threat of symbolic punishment, shifting the relationship between the state and individuals toward ongoing administrative control.

The establishment of the age limit for children up to 18 years in Indonesian law is a normative instrument that aims to ensure legal certainty and child protection. This provision is adopted in various laws and regulations as a form of the state's commitment to fulfilling children's rights. However, in law enforcement practice, the application of this age limit often causes problems when faced with the dynamics of actual cases that reveal a discrepancy between the normative age and the social, psychological, and factual conditions of the child. This condition creates tension between the legal-formal approach that emphasizes legal certainty and the need for substantive justice oriented towards the best interests of the child. This study aims to analyze the problems of applying the age limit of 18 years in the context of actual cases and to examine how the tension between legal certainty and the reality of children is reflected in law enforcement practices in Indonesia. The research method used is normative legal research with a legislative and conceptual approach, as well as normative qualitative analysis. The results of the study show that the rigid application of the age limit for children has the potential to ignore the contextual aspects of children and give rise to inconsistencies in practice. Therefore, a more contextual legal approach is needed through strengthening the discretion of law enforcement officials and progressive interpretation by judges in order to achieve substantive justice and optimal protection for children.

State-based conservation in Indonesia often faces institutional failure and social resistance, resulting in continued deforestation. Conversely, Indigenous conservation models in West Java, specifically the Leuweung Larangan (forbidden forest), demonstrate significant ecological resilience. However, the legal standing of these customary practices within Islamic jurisprudence remains under-theorized, creating a dichotomy between Adat (custom) and Sharia. This study proposes a juridical reconstruction of the Sundanese taboo mechanism (Pamali) as Jarimah Ta’zir (discretionary sanction) to strengthen environmental law enforcement. Utilizing a socio-legal approach and ecological hermeneutics, this research analyzes Yusuf al-Qardhawi’s concept of Fiqh al-Bi’ah and Seyyed Hossein Nasr’s sacred science, alongside relevant empirical data on Indigenous forest governance. The findings demonstrate that Leuweung Larangan structurally manifests as Hima Syar’i (sacred protected zone). Operationally, Pamali functions not merely as a cultural myth, but as a preventive legal instrument (Sadd al-Dzari’ah) where environmental violations constitute religious criminal acts. This creates a "Sundanese Eco-theology" model that establishes a double-layered compliance system—social sanctions and theological liability—proving more effective for carbon preservation than state regulations alone. The study recommends integrating this model into the Green Constitution framework to resolve tenurial conflicts and enhance climate resilience.

The purpose of this writing is to analyze the enforcement ideally of the criminal act of agreement with a series of lies. This type of research is normative legal research with a legislative approach, a case approach and a conceptual approach. The analysis used in this research is descriptive analysis. The results of the study show that the ideal law enforcement against the crime of agreement with a series of lies must at least pay attention to three main aspects, namely certainty, justice and utility. Therefore, regulatory reconstruction is needed to clarify norms regarding the difference between defaults and fraud, standardize technical guidelines for special investigation of cases of agreements with lies so that the apparatus has a uniform size, strengthen the role of prosecutors in discretion, be able to resolve cases through restorative justice and strengthen legal understanding for the public through legal education or socialization.

Legal uncertainty within Indonesia's digital regulation has triggered significant tension between state law enforcement and public morality dynamics. This study aims to analyze the juridical implications of vague formulations (deficit of lex certa principle) in the Electronic Information and Transactions Law (UU ITE), which lead to overcriminalization, and its impact on the emergence of Cancel Culture as an alternative punishment mechanism. Employing normative legal research with statutory and conceptual approaches, this study examines the coherence between the formal validity of positive law and the principles of the internal morality of law. The main findings indicate that the ambiguity of provisions regarding indecency and defamation in the UU ITE has granted excessive discretion to law enforcement officials to criminalize subjective morality without indicators of tangible harm. This failure of the law to provide substantive justice is subsequently responded to by society through Cancel Culture, which ironically violates the principle of due process of law. The novelty of this research lies in the synthesis that the crisis of digital law enforcement is not merely an implementation issue but a structural moral defect due to the neglect of the lex certa principle. As a concrete solution, this study recommends revising the UU ITE by converting formal offenses into material offenses that require tangible harm to restore legal legitimacy.

This study discusses the implications of applying Restorative Justice on legal certainty and the protection of victims' rights in cases involving repeat offenders who have committed serious assault in the jurisdiction of the Tapa Police Sector, Bone Bolango. Normatively, Indonesian Police Regulation No. 8 of 2021, Article 5(e), explicitly prohibits the application of Restorative Justice for offenders who have committed repeat criminal offenses based on court rulings. However, the research findings indicate that in practice, law enforcement officials often exercise discretion to facilitate peaceful resolutions even for repeat offenders, citing the need to maintain social relationships and avoid lengthy litigation processes. This approach raises legal certainty issues, as inconsistencies between written norms and field practices can reduce legal predictability, open the door to discrimination, and weaken both general and specific deterrent effects. From the perspective of victim protection, peaceful agreements in cases involving repeat offenders risk not fully reflecting substantive justice, as victims may be in a vulnerable position due to social pressure or unequal power dynamics. This study concludes that the application of Restorative Justice to repeat offenders needs to be strictly limited through more detailed regulations and effective oversight mechanisms, so that the principles of the rule of law, legal certainty, and victim protection are upheld. Thus, Restorative Justice can remain an important instrument in Indonesia's criminal justice system without compromising legal integrity and public safety.

Government procurement, particularly in Indonesia, remains highly susceptible to corruption due to systemic regulatory loopholes and excessive human discretion, often characterized by collusion and bid-rigging. This institutional vulnerability defines the traditional "boundaries of corruption" as the discretionary corridors within existing administrative law. This research aims to fundamentally redesign these boundaries by shifting control from human discretion to technological enforcement. This study employs normative legal research focusing on the Presidential Regulation on Procurement, integrated with a technological design approach relevant to the journal. The core contribution is a reform model proposing the mandatory integration of AI-powered Smart Contracts and Distributed Ledger Technology (Blockchain) into the public procurement process. Key findings indicate that the primary corrupt boundary lies in ambiguous clauses concerning direct appointments and contract amendments. We propose that an AI-based system can monitor real-time pricing anomalies and bidder networks (network analysis), while Smart Contracts can automate and audit execution, thereby eliminating human factor vulnerability. This redesign transforms the boundaries of corruption from a matter of criminal enforcement to one of algorithmic inevitability, providing a robust, transparent, and self-auditing framework for digital governance.

This study examines the role of discretion exercised by law enforcement officers, especially within the context of criminal investigations. Discretion refers to the authority granted to investigators, prosecutors, and judges to make decisions that are not always explicitly regulated by written laws or regulations. It is granted to allow flexibility in addressing situations that require quick, context-specific decisions. Discretion is necessary because not every legal situation can be anticipated in advance by the law, especially in dynamic and unpredictable situations that law enforcement professionals encounter daily. However, the exercise of discretion must be grounded in the core principles of justice, legal certainty, and respect for human rights, ensuring that decisions are made fairly and in accordance with legal norms. While discretion allows law enforcement officers to exercise judgment and adapt to diverse situations, it also carries significant risks, particularly the potential for abuse of power. Such abuse could manifest in inappropriate criminalization of innocent individuals, discriminatory practices, or biased decisions that undermine the legitimacy of the justice system. The possibility of such negative consequences necessitates a careful and responsible approach to the application of discretion. Law enforcement officers must not only act in accordance with the law but also adhere to ethical standards and ensure that their decisions are made transparently and equitably. Therefore, the study emphasizes the need for strict oversight and the development of clear, consistent guidelines to govern the exercise of discretion. Supervision mechanisms, such as internal audits and external oversight bodies, are crucial in monitoring law enforcement activities and ensuring that officers do not misuse their powers. Furthermore, providing adequate training to law enforcement personnel on the ethical and legal boundaries of discretion is vital in preventing arbitrary or unjust decisions.

Maternal mental health, including postpartum depression, is a growing concern in Indonesia. Despite legislative advances (e.g., Law No.4/2024 extending maternity leave), gaps remain between policy and practice. This study examines how Indonesia’s maternity leave implementation gap affects maternal mental health using public policy frameworks. A qualitative literature review was conducted of relevant Indonesian and international studies. Analysis applied Street-Level Bureaucracy theory (highlighting frontline implementers’ discretion), the Public Value perspective, and the CFIR implementation framework. We found recurring implementation barriers: limited enforcement and awareness of leave rights, employer non-compliance, and social norms discouraging leave utilization. Survey data indicate about one-third of eligible mothers did not receive the full statutory leave, and 59% did not get full wage replacement during leave. These gaps were linked to elevated stress and depressive symptoms among new mothers. International evidence suggests that more restrictive maternity leave policies are associated with higher rates of postpartum depression. From a public value standpoint, the policy’s intent to protect maternal well-being is undermined without effective execution. Findings highlight the need to strengthen enforcement, workplace accountability, and integrate maternal mental health support into maternal care. These frameworks suggest that holistic strategies (e.g., monitoring mechanisms, implementer training) are needed to bridge the implementation gap and improve outcomes for mothers.

The Public Prosecutor holds a central role in the criminal justice system as the primary controller of the prosecution process. This authority is based on the fundamental principle of Dominus Litis, which literally translates to "master of the case." This paper aims to deeply analyze the implementation of the Dominus Litis principle and to examine the various interests underlying the Public Prosecutor's authority in controlling a criminal case. Using a normative juridical research method with a literature and conceptual approach, this study investigates how the principle legitimizes the prosecutor's power to determine whether a case is suitable for trial, to terminate it, or to resolve it through alternative mechanisms. The analysis reveals that the prosecutor's interest in case control is not merely limited to technical-juridical aspects but also encompasses broader considerations such as the public interest, law enforcement efficiency, and the achievement of restorative justice. While granting significant discretion, this absolute authority also raises discourse on the importance of effective oversight mechanisms to prevent potential abuse of power and ensure accountability. It is concluded that the implementation of the Dominus Litis principle must always be balanced with transparency and objectivity to ensure that case control by the prosecutor genuinely aims to achieve substantive justice

The scope of pretrial authority is regulated under Article 77 of the Indonesian Criminal Procedure Code (KUHAP), with an extension of authority introduced through the Constitutional Court Decision Number 21/PUU-XII/2014. The evidentiary process in pretrial proceedings is governed by Article 2 paragraphs (2) and (4) of the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2016 concerning the Prohibition of Judicial Review of Pretrial Decisions. However, in practice, petitions for pretrial often address matters beyond this prescribed authority. Moreover, there remains a disparity in judicial reasoning across different judges, particularly with respect to the evaluation of evidence in the determination of a suspect.The legal issues examined in this study are: (1) whether the expansion of the pretrial authority’s scope has led to multiple interpretations among law enforcement officers, and (2) how the evidentiary process in pretrial proceedings aligns with the principle of legal certainty. This thesis employs normative legal research using statutory, conceptual, and case approaches. The findings of this thesis reveal that the expansion of pretrial authority has indeed created multiple interpretations among law enforcement officials, owing to inconsistencies in pretrial decisions that result from judicial discretion. Furthermore, the evidentiary process in pretrial proceedings ought to be limited to the formal aspects of investigative or prosecutorial actions. Nevertheless, certain pretrial rulings have considered the substance and quality of evidence, and even assessed the conduct of the suspect. Such practices undermine legal certainty for justice seekers. Therefore, the Supreme Court should issue more concrete regulations concerning the scope of pretrial and the evidentiary standards applicable in pretrial proceedings.

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.

Circulation is increasingly widespread in the current case of drug abuse, and the mode of operation is increasingly diverse; the police must develop their own law enforcement strategies. However, there is also a need for some form of supervision and control of actions policing to reduce the possibility of abuse of discretion so that the negative impact of implementing the discretion does not result in injustice. The law only contains the basic rules in practice enforcement, which always depends on the community context. Therefore The police are given the authority to exercise police discretion, a concept giving authority to take actions based on careful consideration of the conscience of the police on duty or the consideration of police institutions. This study aims to determine how law enforcement is above the Circulation of methamphetamine-type narcotics through discretionary efforts factors that become obstacles/obstacles to Law Enforcement on Circulation Narcotic Type of Methamphetamine Through Discretionary Efforts. This research uses empirical normative legal research is legal research that uses Secondary data sources combined with legal research that uses primary data sources The results of the study show that the factors that influence the implementation of police discretion in solving criminal cases, narcotics, legal substance factors, namely the existence of a legal basis give authority to members of the police to take action discretion so that the implementation of the task does not harm the context of law enforcement and must be done professionally and by the police code of ethics as must for police officers, given the power of discretion without being accompanied restrictions can potentially abuse authority. For this reason, the discretion taken by the investigator must be aimed at getting a sense of fairness even though it is not contained in the Criminal Code will but, in essence, to maintain legal certainty and internal order Public.

Prostitution is an act that deviates and violates the rules of social and religious values ​​and norms. Prostitution involving parties such as pimps, commercial sex workers, and service users comes from various circles due to economic factors and lack of mental strength in dealing with global changes in society that changed to the modern era, as well as lifestyle demands where values ​​and norms exist in in society began to be eroded by the changing times that are increasingly developing. The method used in this research is normative juridical, research specifications in concreto, secondary data sources, the data obtained will be analyzed qualitatively. The results showed that law enforcement in the handling of prostitution in Demak Regency was carried out using the model of actual enforcement law. It emerged after the discretion in law enforcement was believed to be due to limitations, both related to infrastructure, quality of human resources, quality of legislation and lack of community participation. Law enforcement officers include the Civil Service Police Unit, Demak District Police, and Social Services. Obstacles that occur in law enforcement in the prevention of prostitution in Demak Regency are due to legal factors including; in the sound of the Regional Regulation numbers are unclear so that it can be bargained in other words not in accordance with these rules, law enforcement factors; law enforcement officials are less assertive, law enforcement officials prioritize the principle of humanity, and the lack of personnel, factors and facilities include; the absence of rehabilitation houses to accommodate community disease perpetrators (CSWs) and lack of funding to crack down on perpetrators to the judicial process, community factors include; the community is less participating in reporting the practice of prostitution around them, and there are backing / thugs or pimps who protect commercial sex workers to provide information early so they can escape, cultural factors include; The inherent community culture has long since begun to be abandoned, and the existence of a modern city culture has entered the Demak District.   Keywords: Law Enforcement, Prevention of Prostitution