Legitimasi: Jurnal Hukum Pidana dan Politik Hukum
Journal Title : Legitimasi: Jurnal Hukum Pidana dan Politik Hukum ISSN : 2579-5104 (online) | 2088-8813 (print) DOI Prefix : Prefix 10.22373 by Crossref Editor-in-Chief : Dedy Sumardi, MA Managing Editor : Prof. Dr. Ali Abubakar, MA Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Frequency : 2 issues per year (June and December) Citation Analysis : Index Copernicus, Dimensions, Sinta, <a href="https://scholar.google.co.id/citations?hl=id&view_op=list_works&authuser=2&gmla=AJsN-F63ev2K1aHznsphy55Kmj8rSz1naLwGaRr4nk3-lt9ySiIFLkc1DFd5cYWUMx0g5nicgBQ2J_Z62aMKfpC0cXgDEGy-WJ92DXL_mXRhWOasKiUKY38&user=hsKFhJYAAAAJ" target="_blank" rel="noopener" data-cke-saved-href="https://scholar.google.co.id/citations?hl=id&view_op=list_works&authuser=2&gmla=AJsN-F63ev2K1aHznsphy55Kmj8rSz1naLwGaRr4nk3-lt9ySiIFLkc1DFd5cYWUMx0g5nicgBQ2J_Z62aMKfpC0cXgDEGy-WJ92DXL_mXRhWOasKiUKY38&user=hsKFhJYAAAAJ" data-mce-="">Google Scholar, Publons, Orcid, Garuda Legitimasi: Jurnal Hukum Pidana dan Politik Hukum, published biannually in June and December, is published by Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh. Its purpose is to promote the study of criminal law, legal politics, and Islamic law in general and to discuss discourses of the development of criminal law and government policies from various perspectives. It is also to help in the understanding of criminal law and the legal politics, and Islamic law in Indonesia. The journal publishes research articles, conceptual articles, and book reviews of criminal law, and Islamic law (See Focus and Scope). The articles of this journal are published bi-annually, in June and December. Legitimasi starts its publication in 2012, and it has been registered with CrossRef. All articles published by Legitimasi have a DOI number. Legitimasi is also indexed by Index Copernicus, Dimensions, Sinta, Google Scholar, Garuda, Moraref, BASE. (See Indexing). Legitimasi starts to be published online in Vol 6, No 1 2017, while before it was in printed edition. Journal Secretariat: Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh, 23111 | email: legitimasi@ar-raniry.ac.id
Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh
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Local Wisdom-Based Social Sanctions in Indonesian Criminal Law
Indonesian criminal law reform has shifted from a retributive orientation toward a more restorative and socially responsive approach, as reflected in the recognition of living law under Law Number 1 of 2023 on the National Criminal Code. However, local wisdom-based social sanctions, which have long functioned as community-based restorative mechanisms, remain absent from explicit codification in the national penal system. This normative gap raises an important legal-political question concerning the possibility of institutionalizing such sanctions through Regional Regulations (Peraturan Daerah) without violating constitutional principles, national criminal law, and human rights standards. This study aims to examine the legal-political basis for such institutionalization and to formulate the normative limits and regulatory model that should govern it. The study employs normative legal research using statutory, conceptual, philosophical, and socio-legal approaches. The findings show that local wisdom-based social sanctions have received indirect normative recognition through restorative justice mechanisms in Law Number 11 of 2012, Prosecutor Regulation Number 15 of 2020, Supreme Court Regulation Number 1 of 2024, and the social work punishment policy in Law Number 1 of 2023. The study also finds that Regional Regulations may serve as derivative policy instruments to accommodate public apology, community service, moral restitution, and customary obligations, provided that they remain participatory, non-repressive, accountable, and consistent with Pancasila and constitutional guarantees. Such institutionalization is legally possible, but it must be limited to restorative measures aimed at restoring social harmony and guiding constitutionally compliant local regulation.
Copyright (c) 2026 Muhammad Topan http://creativecommons.org/licenses/by-nc-sa/4.0
The Urgency of Social Media Restrictions for Sixteen-Year-Old Children from the Perspective of Legal Protection
The development of social media provides benefits for children in obtaining information, communicating, and developing themselves, but it also poses various risks, such as cyberbullying, digital exploitation, exposure to negative content, misuse of personal data, and disruption of psychological and social development. This study aims to analyze the urgency of restricting the use of social media for sixteen-year-olds from the perspective of legal protection and examine the form and implementation of regulations that can be applied. The research method used is normative legal research with a statutory and conceptual approach, using primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that restrictions on the use of social media for 16-year-olds have a strong urgency from juridical, psychological, and sociological aspects. Juridically, the protection is based on Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the Child Protection Law, the Electronic Information and Transaction Law, the Personal Data Protection Law, and the Convention on the Rights of the Child, which prioritizes the principle of the best interests of children. The findings of the study show that legal protection can be realized through minimum age restrictions, age verification, supervision of use, protection of personal data, improvement of digital literacy, and strengthening the responsibility of digital platforms. The implementation of these policies requires synergy between the government, families, communities, and digital service providers to ensure child protection in the digital era.
Copyright (c) 2026 Thiana Ayu Ar-Riski, Emi Puasa Handayani, Khayatudin http://creativecommons.org/licenses/by-nc-sa/4.0
Reconstruction of Restorative Justice for Drug Users in Metro Jaya Police Jurisdiction
Drug abuse is a serious problem in Indonesia’s criminal justice system, which has traditionally been addressed through a repressive approach by treating drug users as offenders who must be punished. This approach is considered ineffective because it does not address the root cause of drug dependency. Therefore, restorative justice has emerged as an alternative approach that emphasizes recovery through rehabilitation mechanisms. This study aims to analyze the implementation of restorative justice for drug users within the jurisdiction of the Metro Jaya Regional Police and to formulate a more effective policy reconstruction based on humanitarian principles. This research employs empirical legal research with a socio-legal approach by collecting primary data through interviews with law enforcement officers and observations at the Directorate of Narcotics Investigation of the Metro Jaya Regional Police, as well as secondary data from legislation, legal literature, and institutional reports. The findings show that restorative justice has been implemented through an integrated assessment mechanism that directs drug users to medical and social rehabilitation programs. However, its implementation still faces challenges, including limited rehabilitation facilities, suboptimal inter-agency coordination, and differing paradigms among law enforcement officers. This study proposes reconstruction through strengthening rehabilitation regulations, optimizing assessment mechanisms, improving rehabilitation capacity, transforming law enforcement paradigms, and strengthening inter-agency coordination. This reconstruction is expected to enhance the implementation of restorative justice and create a more humane, recovery-oriented law enforcement system.
Copyright (c) 2026 Paramitha Aulia Putri Nandira, Ali Masyhar, Cahya Wulandari http://creativecommons.org/licenses/by-nc-sa/4.0
Legal Protection for Child Victims of Incest Crimes: Evidence from the Aceh Women’s Empowerment and Child Protection Agency
This study examines legal protection for child victims of incest in Aceh, with a particular focus on power relations between victims and perpetrators. In this context, incest is understood as a crime that not only violates the physical integrity of the child but also damages the victim’s psychological condition, social well-being, and sense of security, given that perpetrators generally occupy dominant positions within the family structure. Therefore, legal protection for child victims of incest requires a multidimensional approach that extends beyond law enforcement to include continuous assistance aimed at preventing revictimization. This study aims to analyze the fundamental concept of legal protection for child victims of incest and the role of the Aceh Office of Women’s Empowerment and Child Protection (DP3A) in its implementation. The research employs a qualitative method with an empirical juridical approach. The findings indicate that legal protection for child victims of incest is grounded in the principle of special protection, which recognizes children as vulnerable legal subjects due to unequal power relations. Such protection is not limited to criminal prosecution of perpetrators but also encompasses comprehensive efforts to restore the victims’ rights. Empirically, DP3A Aceh has implemented various protective measures, including psychological and physical recovery, social rehabilitation, education, and legal assistance for child victims of incest.
Copyright (c) 2026 Ishma Raihan, Yusnaidi Kamaruzzaman , Fata Zakir, Mohammad Salim http://creativecommons.org/licenses/by-nc-sa/4.0
Discourse on the Separation of the National Police from the Ministry of Constitutional Law and Constitutional Politics
The position of the National Police of the Republic of Indonesia (Polri), which is under the President and has structural and functional links with certain ministries, raises debates about the level of its independence, especially in the implementation of law enforcement functions that demand neutrality and freedom from political intervention. This study aims to analyze the constitutional basis and institutional implications of the relationship between the National Police and ministries in the Indonesian constitutional system. The method used is normative legal research with a statutory and conceptual approach, which focuses on the study of legal norms and principles that govern the position and institutional relations of the National Police. The results of the analysis show that the arrangement of the relationship between the National Police and the ministry still leaves ambiguity in the institutional design, which has the potential to affect the independence of law enforcement. Therefore, the discourse on the separation of the National Police from the ministries has a strong normative basis, both in the perspective of constitutional law and in the framework of security sector reform. The main contribution of this research lies in strengthening normative arguments regarding the importance of restructuring the institutional relationship of the National Police in order to clarify its constitutional position, increase independence in law enforcement, and maintain consistency with the principles of a democratic state of law.
Copyright (c) 2026 Hadi Wijoyo, Suharto Suharto, Saivol Virdaus http://creativecommons.org/licenses/by-nc-sa/4.0
Failure to Fulfill Children's Educational Rights as a Violation of the Law in the Context of Parents' Economic Incapacity
This research offers novelty by positioning children's educational rights not only as social and economic rights, but also as an integral part of children's civil rights that have legal consequences for those who are obliged to fulfill them. The purpose of this study is to examine the fulfillment of children's educational rights as part of civil rights in the context of parents' economic incapacity. The method used is normative legal research with a legislative approach and a conceptual approach, through the study of various legal provisions that regulate children's educational rights. The results of the study show that the failure to fulfill children's educational rights due to parents' economic limitations is not solely a social problem, but also a legal issue related to the protection of children's civil rights. From the perspective of civil law, parents have a legal obligation to fulfill the child's educational rights as part of the civil responsibility inherent in the relationship between parents and children. However, this responsibility cannot be fully imposed on parents, but also involves the role of the state in ensuring the fulfillment of children's educational rights. The practical implication of this study is the need to strengthen the role of the state through more effective policies and legal instruments in ensuring access to education for children, especially those from economically disadvantaged families, as well as the affirmation of legal responsibility mechanisms for parties who are negligent in fulfilling these rights.
Copyright (c) 2026 Denny Chen Indra Nata Kesuma, Ali Huristak Hartawan Hasibuan, David Novan Setyawan http://creativecommons.org/licenses/by-nc-sa/4.0
Law Enforcement of Illegally Used Clothing Imports and the Protection of Indonesia’s Textile Industry
This study aims to analyze law enforcement against illegal imports of used clothing and to examine the legal protection of the national textile industry based on Law Number 7 of 2014 on Trade. The purpose of this research is to evaluate the effectiveness of the prohibition policy on used clothing imports and to assess its role in safeguarding domestic industrial competitiveness, particularly in the case of Pelita Market, Sukabumi. The research employs a normative juridical method using a statutory approach and a conceptual approach. Legal materials consist of primary, secondary, and tertiary sources collected through library research and analyzed using qualitative descriptive analysis with grammatical and systematic interpretation. The findings indicate that the prohibition of used clothing imports has been clearly regulated under Law Number 7 of 2014 and its implementing regulations, including criminal and administrative sanctions. However, law enforcement remains ineffective due to weak supervision, limited inter-agency coordination, administrative loopholes, and strong market demand. This situation creates unfair business competition and undermines the competitiveness of the national textile industry. In conclusion, strengthening law enforcement mechanisms, improving inter-agency coordination, and implementing consistent supervision are essential to ensure effective protection of the national textile industry and to realize a fair and sustainable trading system.
Protection of The National Textile Industry
Protection of Indonesia’s Textile Industry
Copyright (c) 2026 Putri Yasmin Fratiwi, Asti Sri Mulyanti http://creativecommons.org/licenses/by-nc-sa/4.0
Criminal Liability Policy for Organizers of the Free Nutritious Meal Program in Mass Food Poisoning Cases
The free nutritious meal program is a national public service policy intended to strengthen nutritional fulfillment for vulnerable groups; however, its large-scale food distribution system also creates serious food safety risks, including the possibility of mass poisoning incidents. This study examines the normative problem of unclear criminal accountability in free nutritious meal governance, particularly the absence of a foreseeable accountability map that distinguishes administrative violations from criminal conduct and identifies the relevant legal subjects. The research addresses two questions about how criminal liability is constructed in food safety incidents within the free nutritious meal program, and how the chain of criminal responsibility among the government, the National Nutrition Agency, schools, and vendors should be structured within a public policy framework. This study employs doctrinal legal research using statutory, conceptual, and comparative approaches through the examination of criminal law, food law, consumer protection law, and selected comparative references from Japan, India, and China. The findings show that Indonesian positive law provides a fragmented basis for liability through negligence offenses in the Criminal Code and criminal provisions in food and consumer legislation, yet these norms remain insufficient for a multi-actor public policy program such as the free nutritious meal. This condition creates uncertainty in liability attribution and risks selective criminalization or structural impunity. The study concludes that the free nutritious meal requires a statutory lex specialis that clearly regulates minimum food safety standards, liable legal subjects, fault thresholds, causation standards, and tiered sanctions in order to ensure legal certainty and effective public protection.
Copyright (c) 2026 Dian Suryana, Dini Dewi Heniarti http://creativecommons.org/licenses/by-nc-sa/4.0
Legal Politics in Land Acquisition for the Waru-Buduran Frontage Road in Sidoarjo Regency, Indonesia
Land occupies a strategic position within Indonesia’s legal system, functioning not only as an economic asset but also as a social instrument intended to achieve the greatest prosperity of the people, as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. In the context of infrastructure development, the implementation of social functions of land frequently necessitates land acquisition for public purposes, particularly in transportation projects aimed at reducing traffic congestion and enhancing public welfare. This study aims to analyze land acquisition for the construction of the Waru–Buduran Frontage Road in Sidoarjo Regency, examining its legal basis, governing principles, and underlying legal-political orientation. The research employs a normative juridical method, utilizing statutory and conceptual approaches, supported by empirical data on the implementation of land acquisition at the research site. The findings reveal that the land acquisition process for the Waru–Buduran Frontage Road has been conducted in accordance with the applicable legal framework, particularly Law Number 2 of 2012 on Land Acquisition for Development in Public Interest and its implementing regulations, and is guided by principles of humanity, justice, utility, and legal certainty. Furthermore, policy reflects the local government’s legal politics aimed at accelerating infrastructure development and alleviating traffic congestion while ensuring protection of affected landowners’ rights through fair and adequate compensation. The implications of this study underscore the importance of enhancing public participation, enhancing transparency in compensation valuation, and ensuring the consistent application of land acquisition principles to achieve effective infrastructure development that remains aligned with the rule of law and social justice.
Copyright (c) 2025 Putri Azizah, Suhadi Suhadi, Rofi Wahanisa http://creativecommons.org/licenses/by-nc-sa/4.0
Law Enforcement Against Illegal Orphanage Managers in Sexual Violence Against Foster Children
Illegal orphanages operating without permits often pose environmental risks that are vulnerable to various forms of abuse, including sexual violence against the children they are supposed to protect. This study examines the legal enforcement against illegal orphanage managers in Gubeng, Surabaya, who are suspected of being involved in sexual violence against foster children and child abduction, as well as regulations related to the establishment of social institutions. Using a normative legal approach and qualitative analysis methods, data was obtained through legal literature studies, court decisions, and case reports in the Surabaya area. The results of the study show that law enforcement efforts are still hampered by weak supervision, a lack of synergy between agencies such as the Ministry of Social Affairs, the Police, and the Social Services Agency, as well as legal loopholes that allow illegal orphanages to operate without adequate control. Obstacles in coordination also affect the process of proving cases, so that even though the Child Protection Law has established severe sanctions, its implementation in the field is often not optimal. These findings emphasize the need to strengthen the monitoring system, improve inter-agency cooperation, and strengthen commitment to law enforcement to prevent similar cases from recurring.
Copyright (c) 2026 Rut Erika Bulan Cahya, Pepy Marwinata http://creativecommons.org/licenses/by-nc-sa/4.0
Legal Harmonization of Regional and National Development Plans for Sustainable Development Goals Implementation
The legal harmonization between the Regional Medium-Term Development Plan (RPJMD) of Bima Regency and the National Medium-Term Development Plan (RPJMN) is a key prerequisite for achieving national development priorities and the Sustainable Development Goals (SDGs). However, SDG implementation at the regional level still faces challenges, indicating inconsistencies between regional and national planning frameworks. This study examines the extent to which harmonization between the RPJMD of Bima Regency and the RPJMN accommodates SDG principles and their implications for sustainable regional development. Using a normative juridical approach, the research analyzes statutory, conceptual, and policy documents related to development planning. The findings show varying levels of alignment in SDG integration. Strong harmonization is observed across basic services, poverty reduction, education, and health, while more complex targets, such as climate action, innovation, and institutional sustainability, remain only partially integrated. The study identifies regulatory frameworks, institutional capacity, political dynamics, and stakeholder participation as key factors influencing the effectiveness of harmonization. Although harmonization enhances policy coherence and supports the implementation of sustainable development, inconsistencies in legal and policy frameworks can hinder the comprehensive achievement of the SDGs at the regional level. Therefore, effective harmonization requires strengthened intergovernmental coordination, improved local institutional capacity, and broader stakeholder engagement to ensure integrated implementation of SDG targets.
Copyright (c) 2026 Nuzulul Rahmah, Taufik Firmanto http://creativecommons.org/licenses/by-nc-sa/4.0
Legal Protection of Personal Data and Virtual Assets in the Metaverse
The development of the metaverse as a new digital interaction space has given rise to increasingly complex legal challenges regarding the protection of personal data and virtual assets. This situation demonstrates the regulatory gap between countries in responding to the dynamics of the global digital economy. This study examines the comparison of regulations on personal data protection and virtual asset protection in the United States, China, and South Korea, and identifies lessons that can be applied to the Indonesian legal system. Utilizing a normative legal research method through a comparative approach, this study examines primary and secondary legal sources, including laws, national policies, and digital legal doctrines, in each country. The results show that the United States applies a liberal sectoral regulatory model, China adopts a centralistic model based on state control, while South Korea develops a hybrid model that balances innovation and legal protection. The comparative analysis reveals gaps in institutional aspects, regulatory integration, and legal recognition of activities and assets in the metaverse. The results of the study indicate that Indonesia should adopt an adaptive legal framework that comprehensively integrates personal data and virtual asset protection as a guiding principle for ius constituendum in establishing a safe, equitable, and globally competitive metaverse governance.
Copyright (c) 2025 Muhammad Kandriana, Zuhrah Zuhrah , Iksan Iksan , Rahmad Maulana, Muhammad Yasir http://creativecommons.org/licenses/by-nc-sa/4.0
The Urgency of Reformulating Election Criminal on the Use of Someone Else’s Name Without Permission in Indonesia’s Electoral Digitization System
Penelitian ini menyoroti maraknya penyalahgunaan data pribadi tanpa izin dalam penyelenggaraan Pemilu, khususnya pada tahap pendaftaran dan verifikasi partai politik melalui Sistem Informasi Partai Politik (SIPOL). Kondisi ini menunjukkan lemahnya perlindungan hukum terhadap hak privasi warga negara, mengingat Undang-Undang Nomor 7 Tahun 2017 tentang Pemilu belum secara tegas mengatur sanksi atas pelanggaran tersebut. Penelitian menggunakan metode yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan kasus untuk menelaah regulasi, doktrin hukum pidana, serta praktik kepemiluan. Hasil penelitian menunjukkan belum adanya norma yang komprehensif dalam pengaturan penggunaan data pribadi tanpa izin dalam konteks pemilu, yang menimbulkan ketidakpastian hukum dan melemahkan perlindungan hak warga negara. Oleh karena itu, diperlukan reformulasi hukum pemilu yang mengintegrasikan ketentuan perlindungan data pribadi dalam UU Nomor 27 Tahun 2022 dan KUHP baru. Rekomendasi penelitian mencakup pembaruan UU Pemilu dengan menambahkan bab khusus mengenai pelanggaran digital, penguatan Gakkumdu, audit keamanan sistem SIPOL dan SIDALIH, serta peningkatan partisipasi publik dalam pengawasan berbasis data untuk menjaga integritas dan transparansi pemilu digital di Indonesia
Copyright (c) 2026 Rofiqoh Pebrianti, Usman Usman, Arfa’i Arfa’i http://creativecommons.org/licenses/by-nc-sa/4.0
This article discusses the challenges and implications of applying the principle of judicial pardon rechtelijk pardon in the Indonesian legal system, by comparing similar concepts that have already been implemented in the Netherlands. This principle grants judges the discretion not to impose criminal penalties on perpetrators who are proven guilty if their actions are deemed minor, taking into account the principles of justice and humanity. This study employs a normative juridical method, utilizing a legislative, historical, conceptual, and comparative approach. The results show that the Dutch legal system has comprehensively implemented rechtelijk pardon, supported by consistent procedural law and jurisprudential practice. Conversely, the application of this principle in Indonesia still faces significant challenges due to the lack of synchronization between the substantive law in the 2023 Criminal Code and the formal law in the Criminal Procedure Code, as well as the absence of clear technical guidelines for judges to apply it. As a result, the principle of judicial pardon has the potential to become a symbolic norm without effective operationalization. This article emphasizes the importance of harmonizing the legal system and strengthening the implementation of regulations so that this principle can function optimally as an instrument of humanistic justice in national criminal law
Copyright (c) 2025 Dean Putri Amelia, Beniharmoni Harefa http://creativecommons.org/licenses/by-nc-sa/4.0
This research is motivated by the weak deterrent effect on corruption perpetrators in Indonesia, where imprisonment, fines, and compensation have not been able to eliminate economic benefits or recover state losses. The formulation of this research problem involves two key aspects: first, how Islamic jurisprudence views the policy of impoverishing corruptors through asset confiscation; second, how the concept and mechanism of impoverishing corruptors are applied in the Indonesian positive legal system and Islamic jurisprudence. This study employs a normative juridical approach, utilizing statutory guidelines, conceptual designs, case studies, and a comparative analysis of asset forfeiture models in Malaysia, Singapore, the UAE, and Saudi Arabia. Research findings suggest that depriving corruptors of their assets is effective in stripping them of their economic benefits, recovering state losses, and enhancing the deterrent effect. From a fiqh jinayah perspective, this policy is legitimate as a form of ta'zīr punishment that is relevant to the maqāṣid al-sharī‘ah, especially in safeguarding assets (ḥifẓ al-māl) and preventing public harm. This study emphasizes the need to strengthen asset confiscation through the ratification of the Asset Confiscation Bill and the implementation of proportional and accountable non-conviction-based asset forfeiture. The novelty of this study lies in the comprehensive integration of positive law, deterrence theory, and the principles of fiqh al-jinayah to establish moral, juridical, and Sharia legitimacy for the strategy of impoverishing corruptors.
Copyright (c) 2025 Norfazilah, Andi Marlina, Rasna , Wahidin http://creativecommons.org/licenses/by-nc-sa/4.0
Excise Taxation of Sugar-Sweetened Beverages
The policy of imposing excise tax on Sugar-Sweetened Beverages is a strategic measure to reduce the growing incidence of Non-Communicable Diseases in Indonesia, particularly diabetes and obesity linked to the consumption of sugary drinks. The yearly increase in SSBs consumption harms public health and imposes a significant financial burden on the state, especially through the Social Health Security Administering Body (BPJS). Therefore, firm legal intervention is needed to limit consumption and promote a healthier lifestyle. The implementation of excise taxes on sugar-sweetened beverages should not be viewed merely as a fiscal instrument to boost revenue, but also as a means of protecting the public’s right to live a healthy and productive life. This policy must be understood as part of a broader public health strategy rather than solely an economic measure. Moreover, the policy is expected to encourage industries to reformulate their products into healthier alternatives to avoid excise taxation.
Copyright (c) 2025 Dwi Putra Nugraha, Beatrice Callista Yo, Sascha Kezia Cenniago, Vanessa Maurent http://creativecommons.org/licenses/by-nc-sa/4.0
Consistency in The Application of Prudential Banking Principles in the Provision of Banking Credit Facilities
State-owned banks play a strategic role in maintaining national economic stability by collecting and distributing public funds. However, lending activities often face the risk of fraud, which can erode public trust and compromise the institution's integrity. This study examines the consistency of applying the principle of prudence in the credit-granting process at state-owned banks and its relevance in preventing fraud. The main issues raised are the continued existence of credit procedure irregularities and weak internal supervision, despite the principle of prudence being clearly regulated in banking regulations. This study aims to analyze how the consistent application of prudential banking principles can prevent potential fraud in the credit-granting process at state-owned banks. The research method employed was a normative juridical approach with a qualitative orientation, involving the collection and analysis of literature reviews through library research, supplemented by interviews with state-owned banks to support the research. The study's results show that fraud often occurs due to weak internal controls, a low culture of compliance, and limited technological infrastructure. The application of prudential banking principles combined with a Good Corporate Governance (GCG) framework, ISO 31000-based risk management, and the support of digital monitoring innovations such as audit trails and early warning systems is intended to strengthen credit risk control. The integration of these policies not only highlights the potential for irregularities but also ensures that credit decisions for prospective borrowers are made in a transparent, accountable manner and in accordance with prudent banking principles.
Copyright (c) 2025 Amelia Amelia, Handoyo Prasetyo http://creativecommons.org/licenses/by-nc-sa/4.0
Handling of Connectivity Cases in Corruption Crimes in the Indonesian Army's Mandatory Housing Savings Program
Criminal acts of corruption in the Indonesian Army's Mandatory Housing Savings Program (TWP TNI AD) are an example of a case involving both military and civilian legal subjects, triggering complex challenges in law enforcement in Indonesia. This study aims to examine the mechanisms for handling cases of connected criminal acts of corruption and the legal considerations in sentencing perpetrators based on the Jakarta High Military Court II Verdict Number 21-K/PMT-II/AD/II/2022. The research method employs a normative approach, analyzing relevant laws, legal doctrines, and jurisprudence. The results of the study show that cases are handled collaboratively between military and civilian institutions through the stages of investigation, inquiry, determination of the judicial forum, prosecution, and trial. The court's verdict confirmed that the defendants had been proven to have committed corruption together and continuously, resulting in state losses of Rp 127 billion, with sentences of imprisonment, fines, and restitution obligations. This study demonstrates the effectiveness of the connected justice system in ensuring justice and recovery of state losses, while also making an important contribution to the eradication of corruption in the military.
Copyright (c) 2025 Adhiya Faisal, Handar Subhandi Bakhtiar http://creativecommons.org/licenses/by-nc-sa/4.0
Dialectical Intersections of Islamic Legal Normativity and Local Wisdom in the Construction of Ihdād Practices
This research aims to analyze the implementation of ihdad practices in Separah Village, Bangkalan, within the framework of Islamic law and its interaction with local culture ('urf). The main focus of the study is to examine the extent to which customary norms dominate the implementation of ihdad and how this influences religious understanding, gender justice, and the literacy of widowed women in traditional society regarding women's jurisprudence. The method used is a qualitative, case-study approach. Data was obtained through in-depth interviews with widows, religious figures, and village officials, as well as participant observation of social practices related to ihdad. The analysis was conducted descriptively-interpretatively, using data reduction, categorization, and narrative interpretation to uncover the cultural and legal meanings present in the practice. The research results indicate that the implementation of ihdad is more controlled by customary norms than by religious understanding. Women's fiqh literacy is considered low, and the role of religious figures tends to be passive. Ihdad is understood as a social obligation, not merely a spiritual act of worship, thus becoming an instrument of control over women. This research recommends Islamic legal education based on local culture as a solution.
Copyright (c) 2026 Soim Soim, Moh. Muhibbin, Shofiatul Jannah http://creativecommons.org/licenses/by-nc-sa/4.0
This research aims to analyze the practice of forced marriage in Batobella Village from the perspectives of Islamic law, custom, and human rights, with a focus on the principles of consent, social control mechanisms, and legal implications. This study examines the interaction between customary norms, religious law, and positive law with a focus on the principles of legitimacy, social dynamics, and opportunities for policy intervention that align with the maqāṣid al-sharīʿah. The research method employs a qualitative case study approach, utilizing data collection techniques that include in-depth interviews, participant observation, and document analysis. The informants consisted of traditional leaders, religious figures, victims, families, and youth. Data analysis was conducted thematically to identify patterns and relationships between variables, integrating comparative fiqh perspectives across schools of thot with field findings. Research in Batobella Village shows that forced marriage practices still persist as a mechanism for resolving violations of customary norms, with decisions often made unilaterally by families and traditional leaders without considering the bride's consent. Social pressure, stigma, and the threat of exclusion make it difficult for victims to refuse. Most marriages are not registered at the KUA, which weakens their legal protection. The role of religious figures is often compromised in favor of custom for the sake of social cohesion. Although some young people are starting to reject this practice, their views are still in the minority and are hindered by the dominant customary authority in marriage decisions.
Copyright (c) 2025 Moch. Rosim, Shofiatul Jannah, Dzulfikar Rodafi http://creativecommons.org/licenses/by-nc-sa/4.0
Criminal Liability for Circumcision Malpractice
This article analyzes criminal liability for malpractice committed by circumcision (khitan) practitioners, as outlined by Ibn Qayyim al-Jawziyyah, and examines its relevance to positive law in Indonesia. The study is motivated by fundamental differences in the determination of criminal liability between classical Islamic legal perspectives and national law. This research is normative legal research employing a statute approach and a conceptual approach. Data were collected through library research, including primary, secondary, and tertiary legal materials such as statutory regulations, the works of Ibn Qayyim al-Jawziyyah, and relevant scholarly literature. The data were analyzed using a descriptive-analytical method that integrated perspectives on positive law and Islamic normative law. The findings indicate that, according to Ibn Qayyim, a circumcision practitioner must possess both professional competence and a valid practice license. A competent and licensed practitioner is not subject to criminal liability for patient harm in the absence of intentional wrongdoing, whereas an unqualified and unlicensed practitioner may be held criminally liable. In contrast, under Indonesian positive law, criminal liability is not solely based on intent (mens rea) but also encompasses negligence and recklessness that result in harm; thus, a practitioner may still be held criminally liable despite having competence and a valid license. Accordingly, Ibn Qayyim’s view appears less relevant within the framework of Indonesian positive law regarding criminal liability. Nevertheless, his emphasis on strict requirements for competence and licensing has preventive value, helping minimize malpractice and enhance professional standards in medical practice.
Copyright (c) 2026 Rona Maulidar, Yuhasnibar Syah, Nurulbahiah binti Awang http://creativecommons.org/licenses/by-nc-sa/4.0
Restorative Justice is increasingly adopted to overcome the limitations of retributive punishment, which emphasizes inflicting suffering on offenders. However, a fundamental theoretical debate remains regarding the ontological status of Restorative Justice: whether it is merely a non-penal mechanism outside the concept of punishment or a transformative form of punishment within the modern penal framework. This research examines this debate by determining the proper positioning of Restorative Justice in modern sentencing policy. The purpose of this study is to reconstruct the penal paradigm by integrating restorative, utilitarian, and moral-communitarian values into a more humane and inclusive system of punishment. Using normative legal research with a conceptual approach, this study analyzes theories, legislation, and judicial practices related to Restorative Justice in Indonesia. The findings suggest that Restorative Justice still retains punitive elements, as offenders are required to acknowledge wrongdoing and repair the harm. Consequently, Restorative Justice ought not to be classified as an exclusively non-penal mechanism but rather as an evolution of punishment that prioritizes reconciliation, moral accountability, and social restoration. This study concludes that Restorative Justice represents the new face of punishment, where the ultimate aim is no longer solely retribution but the restoration of social balance and substantive justice for victims, offenders, and society.
Copyright (c) 2025 Erwin Susilo, Bagus Sujatmiko, Karell Mawla Ibnu Kamali http://creativecommons.org/licenses/by-nc-sa/4.0
Moral Dilemmas and the Accountability of Criminal Offenders
Advancements in cognitive neuroscience are increasingly challenging traditional legal concepts of free will, intent, and individual culpability. In Indonesia, criminal liability remains grounded in classical legal doctrines that emphasize moral agency, raising critical questions about their compatibility with contemporary neuroethical insights. This article examines trauma, impulse control disorders, and cognitive dysfunction in criminal behavior from a neuroethical perspective, which can provide a more contextual understanding of criminal behavior in the Indonesian legal system. Using a qualitative normative method, this study combines doctrinal legal analysis with interdisciplinary approaches from neuroethics and moral psychology and compares jurisdictions that have recognized neuroscientific evidence in the criminal justice process. Using a qualitative normative method, this research integrates doctrinal legal analysis with interdisciplinary approaches from neuroethics and moral psychology, drawing comparative insights from jurisdictions that admit neuroscientific evidence in criminal adjudication. The study finds that although Indonesian law acknowledges mental incapacity in certain sentencing provisions, it lacks a consistent framework to assess neurocognitive impairments in determining guilt and punishment. As a result, current legal mechanisms may fail to adequately reflect the complex biological and moral dimensions of deviant conduct. This study concludes that integrating neuroethical considerations into Indonesian criminal law could improve its fairness, scientific relevance, and humaneness.
Copyright (c) 2025 Didi Jubaidi, Khoirunnisa Khoirunnisa, Desy Indriastuti, Shinta Maharani, Robert L. Simanungkalit http://creativecommons.org/licenses/by-nc-sa/4.0
The Application of Restorative Justice as a Resolution of the Criminal Act of Theft by Child Perpetrators
This study aims to analyze the implementation of the restorative justice approach in handling theft offenses committed by minors within the jurisdiction of the Klaten Police Resort, Central Java. The research employs an empirical juridical method, collecting data through interviews and a literature review. The findings reveal that Law No. 11 of 2012 concerning the Juvenile Criminal Justice System provides the legal foundation for applying restorative justice at every stage of the juvenile criminal process, including the investigation phase. The Klaten Police implement diversion through deliberative meetings involving the offender, the victim, their families, and community counselors, taking into account humanitarian considerations and the best interests of the child. Non-litigation settlement is prioritized in the law enforcement process involving juvenile offenders and is supported by active community participation and the flexibility of law enforcement officers in facilitating restorative processes. The study implies that the application of restorative justice by law enforcement officers can foster a sense of fairness and justice for children, both as offenders and as victims of crime.
Copyright (c) 2025 Nariza Isandra, Bambang Sukoco http://creativecommons.org/licenses/by-nc-sa/4.0
Reinforcing the Legal Basis of Undercover Buy as an Investigative Method in Criminal Procedure
In an effort to combat illegal drug trafficking, Law Number 35 of 2009 concerning Narcotics authorizes the National Narcotics Agency (BNN) to conduct special investigation techniques, one of which is the undercover buy technique. The research problem studied is how to regulate undercover buy techniques in the legal system in Indonesia and how to formulate the regulation of undercover buy provisions in an ideal criminal procedure law that does not conflict with legal principles. This study is a normative legal study that uses a regulatory approach and a contextual approach. The data sources are from regulations and legal literature. The results of the study indicate that the regulation of undercover buy techniques is normatively contained in the Narcotics Law and the implementation instructions that have been updated through the Decree of the Head of BNN Number SKEP/1205/IX/2000. However, these regulations are still minimal and not comprehensive, thus creating legal limitations that have the potential to cause investigators to apply for permits, especially in obtaining valid evidence according to criminal procedure law
Copyright (c) 2025 Asari Suci Maharani http://creativecommons.org/licenses/by-nc-sa/4.0
The Supervisory System of Conventional Online Lending in Aceh Following the Enforcement of Qanun Number 11 of 2018: A Study on Criminal Elements in Online Lending Transactions
Online Service lending has become a widely used financial product due to its accessibility, including in Aceh, which has implemented Qanun Number 11 of 2018 concerning Islamic Financial Institutions that prohibits interest-based lending practices. Therefore, this study focuses on the supervision of conventional online lending conducted by the government in Aceh following the implementation of Qanun Number 11 of 2018. This research adopts a descriptive method with data collected through interviews. The findings indicate that, to date, conventional online service lending (pinjol) operations in Aceh remain unrestricted, with no limitations imposed on their activities. In Aceh, stakeholders have yet to take concrete measures to curb or prohibit conventional online lending practices. Consequently, many consumers in Aceh, including educated individuals such as teachers and students, as well as the general public, have been trapped in debt and faced payment defaults. Therefore, strategic actions are required from both the Aceh government and religious scholars (ulama) to collaborate and synergize with relevant institutions such as the Financial Services Authority and Bank Indonesia to curb conventional fintech practices in Aceh, in accordance with the provisions outlined in Qanun Number 11 of 2018 on Sharia Financial Institutions in Aceh
Copyright (c) 2025 Muhammad Maulana, Arroyyan Ramly, Yuhasnibar Yuhasnibar, EMK. Alidar http://creativecommons.org/licenses/by-nc-sa/4.0
Criminal Law Analysis of Brawls Between Groups of Children: A Review from the Perspective of Psychological Criminology
Brawl is a form of juvenile delinquency committed by children, in criminology, which explains the science of crime that continues to develop. Brawl can be studied from a psychological perspective. Prevention and serious handling of the legal vacuum are needed. The formulation of the problem that the examines is to find out brawls committed by children in the legal system in Indonesia, and to find out the causes of children's involvement in brawling through psychological criminology reviews. The purpose of this research is to find out the legal system in Indonesia regarding brawls committed by groups of children and how brawls are studied from the perspective of psychological criminology. This research uses a juridical-normative research method that emphasizes a qualitative approach by collecting and studying literature reviews through literature study research. The results of this study indicate that there is still a legal vacuum regarding brawls in Indonesia, both in general and specific laws, but the Juvenile Criminal Justice System still prioritizes Restorative Justice. Brawling itself can also be studied from the perspective of psychological criminology, where there are factors of children committing brawls, including internal factors, family factors, school factors, environmental factors, mental factors, and poverty factors. In addition to this, juvenile delinquency, such as brawls, also occurs because of the loss of Pancasila values.
Copyright (c) 2025 Astri Dewi Setyarini, Mulyadi Mulyadi http://creativecommons.org/licenses/by-nc-sa/4.0
Differences in the Implementation of Diversion in the Juvenile Criminal Justice System: Analysis of the Karawang Court Decision
The use of diversion in Indonesia’s juvenile justice system aims to protect children from harmful stigmatization and provide rehabilitation. The objective of the study is to analyze the application of diversion in two court decisions: Decision Number 9/Pid.Sus-Anak/2022/PN Kwg and Decision Number 14/Pid.Sus-Anak/2022/PN Kwg. The research employs a normative juridical and descriptive-analytical approach through a literature review. The findings demonstrate that the application of diversion depends on the type of offense and the condition of the child. Decision Number 9 sentenced the child to 3 years and 6 months of imprisonment for a case of child sexual intercourse, whereas Decision Number 14 imposed 120 hours of community service for theft. The analysis reveals that judicial considerations are influenced by the severity and impact of the offense, and underscore the importance of balancing law enforcement with the protection of the child’s future. This research shows that judicial discretion plays a crucial role in determining the implementation of diversion, highlighting the importance of aligning legal enforcement with restorative justice and child protection principles.
Copyright (c) 2025 Rini Nuraeni, Muhammad Gary Gagarin Akbar, Muhamad Abas http://creativecommons.org/licenses/by-nc-sa/4.0
Reformulating the Policy Framework for Sting Operations by Investigators of the Corruption Eradication Commission
Corruption offenses in Indonesia are perceived as ongoing and persistent, continuing to this day and resulting in significant losses to the state. The establishment of the Corruption Eradication Commission through Law Number 30 of 2002 concerning the Corruption Eradication Commission serves as a trigger mechanism to enhance the effectiveness of anti-corruption efforts. As part of its initiatives, the Corruption Eradication Commission conducts Sting Operations aimed at combating corruption by apprehending perpetrators through silent operations. This study formulates two problems, namely, how the mechanism of Sting Operations held by the Corruption Eradication Commission investigators aligns with legislation, and what is the ideal regulation of Sting Operations held by the Corruption Eradication Commission investigators. This study is a normative legal research with secondary data consisting of primary, secondary, and tertiary legal materials. This study uses a statutory, conceptual, and interpretive approach. The result of this study indicates that Sting Operations conducted by the Corruption Eradication Commission are often equated with the concept of ‘caught red-handed’, which is stated in The Indonesian Criminal Procedure Code (KUHAP). However, both Sting Operations and ‘caught red-handed’ differ in meaning and may potentially violate the principle of due process of law. Therefore, a comprehensive reformulation of Sting Operations procedures within the legal framework of the Corruption Eradication Commission is necessary.
Copyright (c) 2025 Elsa Bonde, Aji Lukman Ibrahim http://creativecommons.org/licenses/by-nc-sa/4.0
The Tradition of Ndarohi: Diversity of Punishments, Settlement of Fights in the Kute Pasekh Pekhmate Community from the Perspective of Islamic Criminal Law
This study analyzes the Ndarohi custom as a customary sanction imposed on the perpetrators of a fight. The Ndarohi custom is a tradition that has been passed down from generation to generation in the Kute Pasekh Pekhmate community, Lawe Alas District, Southeast Aceh Regency. The Kute Pasekh community believes that the Ndarohi custom is able to reunite the perpetrators of a fight as a family by imposing customary sanctions in the Ndarodi tradition. The focus of this study is how the traditional Kute Pasekh community maintains the Ndarohi custom in resolving fights amidst the strong current of modernization of criminal case resolution through litigation. The purpose of the study was to determine the practice of the Ndarohi custom in resolving fight cases, and to preserve the Ndarohi custom in the modern era. This study uses a qualitative descriptive method, data obtained through field interviews and literature. The results of the study show that sanctions for resolving disputes in fight cases are resolved according to the Ndrohi custom through a deliberation process. Then the party found guilty is charged with medical expenses for the victim and is given a sanction in the form of money and one goat, according to the decision from the results of the deliberation by Sakhak Bekhempat. Sanctions in the Ndarohi custom have various types according to the quality of the crime committed by the perpetrator. Fights that cause physical harm, not bleeding, are subject to the Nucupi custom sanction or the mbabe nakan sekhimah sope sekhanting sanction; all medical costs are borne by the perpetrator of the customary crime. While criminal acts of fighting that result in bleeding wounds are subject to the sanction of drawing error and a fine in accordance with the written customary provisions. The Kute Pasekh community still strongly adheres to the Ndarohi custom in resolving customary criminal disputes. In addition to being a hereditary tradition, it is also effective in uniting the relationship of the customary community to obtain eternal peace.
Copyright (c) 2025 Tarmizi M. Jakfar, Edi Yuhermansyah, Edi Yuhermansyah, Nurbaiti Nurbaiti, Nurbaiti Nurbaiti http://creativecommons.org/licenses/by-nc-sa/4.0